The Please Call Me matter will be heading to the Constitutional Court (ConCourt), where Vodacom Group is expected to present its leave to appeal a ruling that ordered the telecoms operator to compensate former employee, Nkosana Makate.
Makate, inventor of Please Call Me, and Vodacom have been embroiled in litigation over the mobile product for almost 16 years.
Vodacom in February lodged an application with the ConCourt for leave to appeal a previous ruling by the Supreme Court of Appeal (SCA).
The application came after the mobile operator suffered another loss in the legal battle, and was ordered to determine new compensation for Makate, which should be between 5% and 7.5% of the total voice revenue generated by the Please Call Me service, derived from prepaid or contract offerings from March 2001 to March 2021 (18 years), including interest.
It also noted Makate is entitled to 27% of the Please Call Me messages sent daily as being revenue generated by the return calls.
In a shareholder’s update published today, Vodacom explains: “Vodacom South Africa confirms that on 26 August 2024, the Constitutional Court of South Africa issued a directive that it will hear Vodacom South Africa's application for leave to appeal in the PCM [Please Call Me] matter, in tandem with its appeal against the SCA judgement,” it says.
In its ConCourt appeal, Vodacom had said the SCA’s order impinges on the rule of law in terms of section one of the Constitution of the Republic of South Africa 1996 and deprives the operator of its right to a fair trial under section 34 of the Constitution.
The telco further said if the SCA judgement is upheld, this would negatively impact its employees, shareholders and the company’s contribution to public finances.
“As a responsible corporate citizen, Vodacom is respectful of the judicial system and abides by the laws of South Africa. Having considered the SCA judgement and order, it is Vodacom’s view that there are key aspects of this matter which do not accord with the spirit of the law, and that the judgement and order are fundamentally flawed,” stated Vodacom.
The date of the hearing has not been made public.
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