The Supreme Court of Appeal (SAC) appears to be moving with speed to hear the dispute over compensation between “Please Call Me” inventor Nkosana Makate and Vodacom.
The Constitutional Court, which found that Vodacom was not afforded a fair hearing as its evidence was not considered, referred the matter back to the SCA two weeks ago.
TimesLIVE Premium has learnt that the SCA registrar alerted the parties’ legal counsel last week about the president of the court justice Mahube Molemela’s “intention of expediting its finalisation, subject to both parties’ co-operation”.
In the communique to the parties’ legal counsel, the court invited the parties to agree on the filing of the record and heads of arguments, and to indicate the estimated duration of oral arguments.
The note also stated that the parties had to choose two dates on which their counsel would be available between November 1 and 30, the court’s fourth term of the year.
The parties were urged to respond before August 15.
Approached for comment regarding the latest development, Makate said: “I am happy with the SCA prioritising this matter as it has been dragging on for 25 years and [has been] in our courts for more than 18 years.”
Makate said he hoped “to finalise this matter at the SCA as directed by the apex court”.
Vodacom, however, declined to comment on this development on Wednesday.
“Thanks for the opportunity. You are welcome to say we declined to comment,” a Vodacom spokesperson said.
The protracted legal battle, which has played out in multiple courts, including two rounds in the SCA and the Constitutional Court, for two decades is now centred on what would be fair compensation for Makate’s lucrative idea.
Vodacom CEO Shameel Joosub made a R47m settlement offer to Makate six years ago for his idea, which Makate rejected and successfully appealed in the Pretoria high court before the matter found itself before the SCA.
The SCA ordered Vodacom to pay Makate between 5% and 7.5% of the total voice revenue generated by the Please Call Me service over 18 years from March 2001, plus interest.
In February last year, Vodacom approached the Constitutional Court to squash the ruling by the SCA and scored a huge victory last month when the apex court referred the matter to the SCA and slapped Makate with costs.
In a unanimous ruling read by outgoing acting deputy chief justice Mbuyiseli Madlanga in his last sitting in the apex court, the court signalled it was unhappy with certain aspects of a previous SCA ruling.
Madlanga, who penned the unanimous ruling, said that in SA jurisprudence there was no direct support for the position that the SCA had breached the constitutional right to a fair hearing. However, a matter before the European Court of Human Rights had provided the jurisprudence.
In an unanimous judgment from a panel of eight that included chief justice Mandisa Maya, Makate was ordered to pay Vodacom’s costs in the matter, including those of three counsel.
The court found that Vodacom’s right to a fair hearing was violated and that the SCA did not have the jurisdiction to substitute a court order that was also favourable to Makate.
Madlanga said that due to the size of the court record, “the complexity and novelty of the issues and the very large amount at stake, I think that is a fair and just request ... costs of three counsel will be awarded”.
Makate at the time said he felt “beaten to the ground” after being slapped with costs and felt that the apex court should have finalised the matter.
TimesLIVE
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