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IOL News
6 days ago
- Politics
- IOL News
SCA must again decide on 18-year legal battle over Please Call Me compensation
'Please Call Me' inventor Nkosana Makate. Image: Timothy Bernard/ African news Agency (ANA) 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 on Thursday ruled that the matter must be reconsidered by the Supreme Court of Appeal (SCA). 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 SCA's failure to comply with the duty of proper consideration,' Judge Madlanga said. Video Player is loading. 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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. Next Stay Close ✕ 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.' In a unanimous judgment, the judgment penned by Judge Madlanga before he retired on Thursday, the court found that the SCA had committed several errors in assessing Vodacom's appeal against a previous high court decision. The high court initially ordered Vodacom to pay Makate between 5% and 7.5% of the revenue generated from PCM over 18 years. Makate has been fighting for what he said is fair compensation for his invention, which he believes should be at least R10 billion. Vodacom, on the other hand, estimated a fair compensation at around R50 million. Although he is facing yet another setback, Makate has consistently maintained that his intellectual property was unfairly taken and that he deserves fair compensation. 'I believe I still have a strong case. I am hopeful that the SCA will see the justice in my claim and order Vodacom to pay me what I am owed for my invention,' he said. The Constitutional Court in April 2016 declared that Vodacom is bound by the agreement concluded with Makate and ordered it to commence negotiations in good faith with Makate for determining a reasonable compensation payable to him in terms of the agreement. The CEO accordingly awarded Makate compensation for his product in the amount of R47 million. Dissatisfied, Makate instituted review proceedings in the high court against the amount of compensation. The high court found in favour of Makate but remitted the determination of the amount of compensation back to the CEO. This order was coupled with certain directives that the CEO was required to follow in his redetermination. The parties resumed the negotiations, but there was no fruitful outcome. Makate at one stage made a settlement proposal of R20 billion. The figure was determined based on a formula multiplying the effective rate per minute, PCM minutes of use, and the returned call conversion rate. Vodacom presented a counteroffer of R10 million. These final negotiations failed. Vodacom, meanwhile, turned to the SCA to appeal the high court's order that Makate should receive more compensation. The SCA subsequently rejected the appeal and ordered Vodacom to compensate Makate between 5% and 7.5% of the revenue generated from the invention. Vodacom ultimately turned to the Constitutional Court as it said the SCA did not properly determine the issues before it. Judge Madlanga found that the SCA breached its duty of properly considering all the facts, such as, for example, whether the R47 million offer by Vodacom was not unjust. He also said the SCA disregarded certain issues and merely highlighted the parties' arguments, but it did not engage with the evidence before it. Therefore, the judge said, the matter must be reconsidered by the SCA. Cape Times
Daily Maverick
31-07-2025
- Business
- Daily Maverick
Nkosana Makate ‘still resilient' as ConCourt overturns billion-rand ruling in battle with Vodacom
In a scathing judgment, Acting Deputy Chief Justice Mbuyiseli Madlanga described the nearly 20-year legal battle between Nkosana Makate and Vodacom as 'unending litigation' and slammed the Supreme Court of Appeal for multiple errors in its February 2024 ruling, which would have awarded Makate billions for his Please Call Me idea. When Nkosana Makate walked into the corridors of the Constitutional Court on Thursday, 31 July, where Justice Mbuyiseli Madlanga was set to deliver his final ruling from the bench, he was in high spirits, hopeful that the court would finally bring an end to his battle with telecommunications giant Vodacom, a fight that had gone on for almost 20 years. Hours later, the court delivered another blow for Makate as it unanimously referred the matter back to the Supreme Court of Appeal (SCA) and instructed that a new panel of judges reconsider the case. Delivering a scathing judgment, Madlanga described the almost two-decade legal saga as an unending litigation and said the SCA made several errors in its February 2024 judgment, which would have seen Makate net at least R9-billion. That ruling has now been set aside. 'The Supreme Court of Appeal failed to provide adequate reasons for its judgment and disregarded or was unaware of certain material acts and issues before it,' Madlanga said. WATCH | The Constitutional Court has unanimously ruled in favour of Vodacom, setting aside the 2024 SCA decision that ordered the company to pay Nkosana Makate between 5% and 7.5% of the revenue earned from the service over 18 years. The matter will now return to the SCA. — Nonkululeko Njilo (@Nkulee_Njilo) July 31, 2025 The SCA had ruled that Makate was entitled to be paid 5% to 7.5% of the total revenue of the Please Call Me (PCM) product from March 2001 to the date of judgment, plus interest. This Constitutional Court had previously ordered Vodacom to pay him 'reasonable' compensation, which led Vodacom to offer R47-million. The R9-billion determined by the Supreme Court of Appeal would have 'devastating consequences' for the mobile-network operator, its employees and its investors, Johannesburg-based Vodacom said in its papers. 'Forever resilient' Speaking to journalists after the judgment, Makate said: 'We expected a different decision but we have to abide by the court's decision. We will go to the SCA and it must just relook at the case and provide us with a judgment that will then stand the test.' Asked whether he felt disappointed by the legal system – after years of back-and-forth in his dispute with Vodacom over compensation for the call-back service idea he presented to the company's product development team while working in its finance division in the 2000s – Makate said: 'I think they could have finalised the matter. We still had a hearing at the high court which they could have gone to as well and then ignored the SCA completely.' Makate said he remained resilient and was confident that justice would ultimately be served: 'I am still resilient, I will forever be.' While the case has proven to be financially and emotionally costly, Makate said he would explore all avenues available to him. 'We will do what we have to do,' he said. It was the second time the case was heard by the ConCourt. In 2016, the court affirmed that Makate was the inventor of Please Call Me and ordered Vodacom to enter into good-faith negotiations with him to determine reasonable compensation. However, compensation talks between Makate and Vodacom have been acrimonious as he accused the company of deliberately withholding information about the lucrativeness of Please Call Me. In 2020, the High Court in Pretoria made a similar ruling as it ordered Vodacom to play open cards and disclose financial records relating to the Please Call Me service, including the revenue it has generated for the telecommunications giant. This was considered a victory for Makate, who used the financial records to determine the settlement that Vodacom could shell out for his idea that gave rise to the service. DM
IOL News
31-07-2025
- Business
- IOL News
Nkosana Makate's ongoing fight for justice in the Please Call Me case: Constitutional Court's latest ruling
Nkosana Makate suffered yet another setback in his claim against Vodacom for his please-call-me invention when the Constitutional Court remitted the matter back to the SCA. Image: File Nearly two decades of struggling to receive compensation for his Please Call Me (PCM) invention, and yet there is no end in sight for Nkosana Makate, as the Constitutional Court on Thursday ruled that the matter must be reconsidered by the Supreme Court of Appeal (SCA). Following a legal battle of more than 18 years, Makate is ready to fight on. Following the latest ruling by the apex court, Makate said the SCA must once again hear the matter and make a new finding. 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 SCA's 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.' In a unanimous judgment, the judgment penned by Judge Madlanga before he retired on Thursday, the court found that the SCA had committed several errors in assessing Vodacom's appeal against a previous high court decision. The high court initially ordered Vodacom to pay Makate between 5% and 7.5% of the revenue generated from Please Call Me over 18 years. Makate has been fighting for what he said is fair compensation for his invention, which he believes should be at least R10 billion. Vodacom, on the other hand, estimated a fair compensation at around R50 million. Although he has received yet another setback, Makate said he is confident that he can convince the SCA to recognise his entitlement to billions of rand for his Please Call Me concept. Makate has consistently maintained that his intellectual property was unfairly taken and that he deserves fair compensation. 'I believe I still have a strong case. I am hopeful that the SCA will see the justice in my claim and order Vodacom to pay me what I am owed for my invention,' he said. The Constitutional Court in April 2016 declared that Vodacom is bound by the agreement concluded with Makate and ordered it to commence negotiations in good faith with Makate for determining a reasonable compensation payable to him in terms of the agreement. The CEO accordingly awarded Makate compensation for his product in the amount of R47 million. Dissatisfied, Makate instituted review proceedings in the high court against the amount of compensation. The high court found in favour of Makate but remitted the determination of the amount of compensation back to the CEO. This order was coupled with certain directives that the CEO was required to follow in his redetermination. The parties resumed the negotiations, but there was no fruitful outcome. Makate at one stage made a settlement proposal of R20 billion. The figure was determined based on a formula multiplying the effective rate per minute, PCM minutes of use, and the returned call conversion rate. Vodacom presented a counteroffer of R10 million. These final negotiations failed. Vodacom, meanwhile, turned to the SCA to appeal the high court's order that Makate should receive more compensation. The SCA subsequently rejected the appeal and ordered Vodacom to compensate Makate between 5% and 7.5% of the revenue generated from the invention. Vodacom ultimately turned to the Constitutional Court as it said the SCA did not properly determine the issues before it. Judge Madlanga found that the SCA breached its duty of properly considering all the facts, such as, for example, whether the R47 million offer by Vodacom was not unjust. He also said the SCA disregarded certain issues and merely highlighted the parties' arguments, but it did not engage with the evidence before it. Therefore, the judge said, the matter must be reconsidered by the SCA.
South China Morning Post
24-07-2025
- Business
- South China Morning Post
Hong Kong firms eye proprietary Chinese medicine opportunities on the mainland: HKTDC
Beijing's move to simplify the process for approving oral proprietary Chinese medicine (PCM) from Hong Kong to be sold across the border has created new opportunities for firms in the city to exploit the mainland's 450 billion yuan (US$62.8 billion) market, according to Hong Kong's trade promotion body. The streamlined procedures have opened a more convenient channel for Hong Kong companies to expand into the mainland, the Hong Kong Trade Development Council said in a report published on Thursday. 'We understand that some companies are making preparations to take advantage of the new rules,' said Wing Chu, principal economist and head of Greater China research at the council. 'But we are talking about pharmaceuticals, so there are still hurdles to clear and approvals do not happen overnight.' Since late April, oral PCM products that have been sold in Hong Kong for more than 15 years, and whose production processes complied with 'good manufacturing practices', were eligible for the simplified approval process. PCM refers to traditional Chinese medicines in tablet or capsule form that are made from herbs, animal parts or minerals. The city exported HK$2.88 billion (US$367 million) worth of PCM products last year, 93 per cent of which were locally produced. Over 70 per cent of those exports went to mainland China. Before the simplified rules were implemented, the process for Hong Kong firms entering the mainland market was not straightforward due to different technical standards.
India.com
18-07-2025
- General
- India.com
MHT CET 2025 Provisional merit list for BE, BTech courses today at fe2025.mahacet.org; Here's how to download marksheet pdf
The State Common Entrance Test Cell, Maharashtra, is set to declare the provisional merit list of MHT CET 2025 today. It will include the list of candidates who registered for counselling for engineering and technology courses like B.E/B. Tech and M. Tech. Once the merit list is live, it can be accessed via the official website of MAHACET 2025 at . Any discrepancies in the data displayed in the merit list can be objected by logging in from July 19 to 21, 2025. Candidates will later be able to rectify the incorrect information in these applications. Candidates may need to attach required documents that support their claim. This year, the MHT CET PCM exam was held from April 19 to April 27, 2025, except on April 24. A re-test for PCM students took place on May 5, 2025. The MHT CET PCB exam was conducted from April 9 to April 17, 2025. MHT CET 2025 Provisional merit list to be out soon: How to check? Go to the official website and click on the MHTCET provisional merit list 2025 once the list is available You will be directed to a page where you will be required to fill in your credentials to log in. After submitting the credentials, you will be able to see the list. You may check the list and download it for future reference. A total of 3,01,072 students had registered for the PCB group. A total of 2,82,737 students appeared for the exam. The results were announced on June 16. For more details, students can visit the official website: MHT CET 2025 Merit List: What is the procedure to declare results when two candidates score same marks? If two or more students get the same score in MHT CET, the following steps are used to decide who ranks higher: Higher marks in Mathematics (in the MHT CET exam) If still tied, then higher marks in Physics If still tied, then higher marks in Chemistry If still tied, then higher total percentage in Physics, Chemistry, and Mathematics in Class 12 If still tied, then higher Maths percentage in Class 12 If still tied, then higher Physics percentage in Class 12 If still tied, then higher overall percentage in Class 12
