SCA must again decide on 18-year legal battle over Please Call Me compensation

FOLLOWING a legal battle of more than 18 years, Please Call Me (PCM) inventor Nkosana Makate is ready to fight on as the Constitutional Court yesterday ruled that the matter must be reconsidered by the Supreme Court of Appeal (SCA).

- ZELDA VENTER

After the latest ruling by the apex court, Makate said the SCA must once again hear the matter and make a new finding and he is confident that he can convince that court to recognise his entitlement to billions of rand for his PCM concept.

Acting Deputy Justice Mbuyiseli Madlanga said the SCA failed to deal with all the matters that were presented before it during the appeal.

“The jurisdiction of the court is confined to constitutional issues. In this judgment, we dealt with factual issues, without deciding them, purely to demonstrate the SCAs failure to comply with the duty of proper consideration,” Judge Madlanga said.

He added that the Constitutional Court cannot suddenly determine the factual issues.

“The matter must be remitted to the Supreme Court of Appeal for a proper determination of the appeal, and it must be heard by a differently constituted panel.”