Latest news with #Makate
IOL News
a day ago
- Business
- IOL News
Patience wears thin as 'Please Call Me' case still awaits a decision
Constitutional Court delays judgment in landmark Nkosana Makate vs Vodacom case Image: Facebook Those close to the matter say that their patience is wearing thin as the Constitutional Court has yet to reach a decision on the much anticipated judgment in the historic Nkosana Makate vs Vodacom case. Six months after the court heard the landmark 'Please Call Me' matter, South Africans are still no closer to knowing when it will finally reach its conclusion raising concerns over judicial efficiency and the impact of such delays on ordinary citizens. The dispute dates back to 2000 and revolves around Makate's innovative idea of revolutionising mobile communication in South Africa. As an employee at Vodacom, Makate proposed the 'Please Call Me' service, which allowed users to notify contacts they were calling without incurring charges - a simple yet groundbreaking concept. This innovation not only transformed the telecom sector but also generated billions of rand in revenue for Vodacom and its parent company, Vodafone. Makate's quest for fair compensation has dragged on for over two decades despite his contributions. Multiple court victories - including three rulings from the Supreme Court of Appeal and nine judgments in his favour - have recognised his rights. Notably, in 2016, the Constitutional Court criticised Vodacom and its executives for unethical conduct, emphasising the importance of acknowledging Makate's contribution. Yet, a final resolution remains elusive. The latest chapter unfolded in November 2024 when the Constitutional Court heard arguments but has since withheld judgment, leaving Makate and supporters in limbo. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Modise Setoaba, Convener of the #PleaseCallMe Movement (PMC), expressed deep frustration over the prolonged delay. 'The #PleaseCallMe movement has always sought peaceful and lawful means to support Mr Makate. However, it's disheartening to see a case that has been ongoing for 25 years still unresolved,' Setoaba said. 'Justice delayed is justice denied. Makate has waited a quarter of a century for recognition and fair compensation. We trust the Constitutional Court will uphold his rights and deliver justice swiftly.' Setoaba also called on the Office of the Chief Justice (OCJ) to intervene, citing the emotional toll on Makate, who remains demoralised by the protracted process. When approached for comment on whether Vodacom was concerned about the delay, a Vodacom spokesperson told IOL: 'The matter is before the Constitutional Court, and we await its ruling.' The company provided no further response. When asked about the delay, OCJ said that a date for the handing down of judgment in the Constitutional Court matter has yet to be set. 'The matter is currently receiving the attention of the panel of judges who sat, and there is, at this stage, no indication as to when judgment will be delivered. 'The parties will be informed through the relevant formal channels as soon as the judgment is ready for hand-down,' read the response. Legal experts attribute the delays in delivering judgments to several systemic factors. Lucky Magagula of Magagula Attorneys highlighted resource constraints and high caseloads as primary culprits. 'South African courts are grappling with a surge in cases due to population growth and urbanisation,' Magagula explained. 'For instance, the Gauteng High Court in Pretoria has nearly 40 judges, but only six research staff support them, hampering timely judgments.' He argued that the number of judges appointed has not grown in proportion to the growth in caseload. 'This increase in caseload may be attributed to population growth, and cities like Johannesburg and Pretoria are economic hubs that have contributed immensely to population growth, which has grown hand in hand with a high-volume caseload.' He added that complex cases, especially those involving voluminous documentation and novel legal issues like Makatei's, require extensive research and deliberation and often exceed the three-month guideline former Chief Justice Mogoeng Mogoeng set. The backlog of reserved judgments has become a significant concern, with some exceeding two years. 'Reference can be made to the Gauteng High Court in Johannesburg, where trial dates are scheduled as far out as October 2029, indicating a severe backlog. 'As such, we have seen efforts by Judge President Dustin Mlambo of the court introducing mediation as a primary avenue to be exhausted before matters go to trial,' said Magagula. The delay in Makate's case is multifaceted. In 2016, the Constitutional Court ordered Vodacom to negotiate a fair fee with Makate.
IOL News
15-05-2025
- Politics
- IOL News
Makate vs Vodacom: Court silence sparks outrage over delayed Please Call Me ruling
The fight for justice: #PleaseCallMe Movement's call to action Image: Siphelele Dludla / independent Newspapers The #PleaseCallMe Movement (PMC) has written an open letter urging national leaders to step in and resolve the ongoing legal dispute concerning the "Please Call Me" service, as it remains unresolved nearly six months after the Constitutional Court heard the case. The organisation has described the delays as 'unfair' and warned that they threaten the integrity of the country's justice system. The dispute began in 2000 when Nkosana Makate, then an employee at Vodacom, proposed a service allowing users to notify contacts they were calling without incurring charges. This simple innovation would generate billions of rand for the telecom giant. Makate's efforts to secure fair compensation have spanned over two decades and have resulted in multiple court victories. His legal journey has resulted in nine judgments in his favour, including three from South Africa's highest court, the Constitutional Court. In 2016, the Constitutional Court criticised Vodacom and its executives for unethical conduct, emphasising the importance of recognising Makate's contribution. Despite these rulings, a final resolution has remained elusive. In 2019, the Supreme Court of Appeal ordered Vodacom to pay Makate between 5% and 7.5% of the revenue generated by the service over the past 18 years. Vodacom appealed, and the case was escalated to the Constitutional Court, which has yet to rule. The court recently announced that its decision is 'reserved,' and no timeline for judgment was provided. The Open Letter: A Call for Justice and Accountability On Thursday, Modise Setoaba, Convener of the #PleaseCallMe Movement, issued an open letter expressing frustration and concern over the judicial delays. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The letter underscores how the protracted process damages public trust and undermines the social contract. 'This is unfair. The #PleaseCallMe case illustrates how financial influence can be used to hinder, direct, disregard, and undermine the country's laws. 'It is generally recognised that the issue has been extensively ventilated and Makate has consistently come out on top, with nine favourable decisions — yet the principle of res judicata does not seem to be invoked.' The letter also criticises the lack of leadership and the growing impatience among supporters. 'We are sitting on the sidelines watching as time goes by. While it seems difficult to reach the end, my worry is the social contract. How are we encouraged to obey the law when publicly observing it being abused like this for so long?' Makate's supporters further voiced their frustrations, emphasising that they have maintained peaceful protests. 'We have made it clear from the beginning that our enemy is Vodacom and its arrogant CEO. We worked hard and kept all demonstrations peaceful, raising our frustrations at their premises, the JSE and the Constitutional Court. No incidents of property damage were reported.' In a candid reflection, the letter asked whether violence would have changed anything. 'Maybe we should have been violent, damaged property, burned tires, blocked streets, looted shops—those are the languages the corporate bourgeoisie understands. 'But what would that have done for Makate? He is the litigant here. The focus should be on him and the progress he has made alone. We are not a rent-a-crowd.' 'While Makate is subdued in the legal process, we must ask: Where are the leaders of society—political or otherwise? Why is this man ignored? Are we afraid of losing deals or jobs? Who's next?' 'To put it into perspective, my child was not yet conceived when PCM was introduced; now she's a doctor. That's how long this matter has been dragging on.' Legal experts and civil society groups have voiced alarm at the delays. An article published last week by IOL highlighted the nation's growing frustration. Dunisani Mathiba, from the Office of the Chief Justice, explained that delays are often due to the complexity of cases and the deliberation process. 'There is no set timeframe within which judgments are typically issued. The judges will determine when the judgment is ready.' Legal analyst Francois Botes pointed to systemic issues hindering timely justice. 'The workload is overwhelming, and vacancies on the bench worsen things. Short-term measures like appointing acting judges help, but are insufficient. Long-term reforms are necessary to address these systemic challenges.' The #PleaseCallMe Movement's open letter concluded with a plea for decisive leadership. 'We call on the leaders of this country—political, judicial, and societal—to recognise the importance of this case, not just for Makate but for the integrity of our justice system. 'Justice delayed is justice denied. The longer we wait, the more trust we erode in our institutions. It is time to act and ensure fairness prevails,' read the letter. IOL Politics
IOL News
08-05-2025
- Business
- IOL News
Judicial Delays: The ongoing wait for the ‘Please Call Me' Concourt verdict
The #PleaseCallMe Movement urges swift justice in landmark case involving Nkosana Makate and Vodacom Image: IOL / Independent Media Nearly six months after the Constitutional Court heard the landmark 'Please Call Me' case involving inventor Nkosana Makate and telecommunications giant Vodacom, the nation remains in suspense as the court has yet to deliver its judgment, prompting widespread concern over judicial delays in a case that spans over 25 years. Speaking to IOL on Thursday, the #PleaseCallMe Movement, which has championed Makate's cause, expressed alarm at the protracted wait. 'As the #PleaseCallMe Movement, we are deeply concerned about the delays on this 'long-standing matter,' the group said. 'Justice delayed is justice denied. We believe that every individual deserves timely justice, especially after such a lengthy journey.' According to the movement, Makate's legal battle has seen multiple victories across South African courts. 'He has secured nine judgments in his favour, including three from the Constitutional Court—the highest court in the land. Notably, a 2016 order criticised Vodacom and its executives, highlighting unethical conduct. Despite these wins, the case remains unresolved,' read the statement. The #PleaseCallMe Movement urged the judiciary to expedite the ruling, emphasizing that the case is about more than just compensation—it is about justice, integrity, and recognition of innovation. 'We call on the judiciary to deliver its verdict promptly so that justice for Nkosana Makate is finally achieved after 25 years of perseverance,' the movement stated. The dispute centers around the value of the 'Please Call Me' service, which Vodacom has used for over 23 years to generate billions in revenue. In 2019, the Supreme Court of Appeal (SCA) ordered Vodacom to pay Makate between 5% and 7.5% of the revenue generated by the service over the past 18 years. Vodacom, owned by Vodafone, appealed the ruling to the Constitutional Court, which has yet to make a decision. In November 2024, Vodacom challenged its obligation to compensate Makate, leading to a lengthy legal process that remains unresolved. The Constitutional Court, in a recent reply to IOL, explained that the judgment is 'reserved,' with no specific timeline for its release. Dunisani Mathiba, spokesperson for the Office of the Chief Justice, remarked, 'There is no set timeframe within which judgments, including those in high-profile cases, are typically issued. The duration varies based on case complexity and the judges' deliberations.
