The long-running legal battle between Nkosana Makate, the inventor of 'Please Call Me,' and Vodacom is heading back to the Supreme Court of Appeal (SCA) in November. This comes after the Constitutional Court ordered a re-hearing of the case by a new panel of judges.
What's at Stake?
Makate is seeking fair compensation for his 'Please Call Me' (PCM) idea, which Vodacom has been using since January 2001. He rejected Vodacom's offer of R47 million, arguing he deserves to be compensated as if he had an 18-year contract. Vodacom, however, insists on compensating him for only five years, claiming they would never have agreed to an 18-year contract.
The Core Dispute: Contract Duration
The heart of the matter revolves around determining the appropriate contract duration and, consequently, the 5% revenue share owed to Makate. Makate's legal team argues that Vodacom's CEO, Shameel Joosub, underestimated key figures in his determination, leading to an unfair outcome. They point to the 18-year period during which Vodacom allegedly failed to honor its contract and the massive daily volume of PCM messages sent (an average of 23.6 million) as factors warranting significantly higher compensation.
Vodacom's Stance
Vodacom's legal team maintains that Joosub's determination of R47 million is fair and reasonable. They argue that Makate was an employee of Vodacom when he conceived the idea and that Joosub exercised sound judgment in arriving at the compensation figure.
A New Hearing, A New Outcome?
The re-hearing at the SCA represents a crucial juncture in this protracted legal saga. Will the new panel of judges side with Makate and award him the billions he seeks, or will they uphold Vodacom's offer? The outcome could have significant implications for intellectual property rights and employee innovation in South Africa.
The court papers reveal Makate's argument that he should be treated like other VAS (value-added service) providers, receiving ongoing revenue share. He claims that other VAS providers enjoyed benefits that made them multi-millionaires.
The final showdown is scheduled for November. Stay tuned for updates!