Please Call Me saga heads to Constitutional Court


Kenneth Nkosana Makate

JOHANNESBURG, (CAJ News) – VODACOM has lodged its application for leave to appeal the “Please Call Me” judgment and order to the Constitutional Court of South Africa (CSA).

The operator’s view is that there are key aspects of the matter which do not accord with the spirit of the law and that the judgment and order are fundamentally flawed.

“It is apparent from the dissenting judgment of the SCA (Supreme Court of Appeal) that the majority judgment overlooked or ignored many of the issues between the parties and their evidence and submissions relating to those issues.”

The impact of the SCA Judgment, should it be upheld, would be vast and wide-ranging on both Vodacom South Africa and Vodacom Group, as well as the attractiveness of South Africa as an investment destination, the company argues.

“It would negatively impact our employees, shareholders and Vodacom’s contribution to public finances. It would also have an impact on our network investment, coverage, and social programmes.”

Vodacom is in dispute with Kenneth Nkosana Makate, a former employee of Vodacom, for a “buzz idea” which was developed and launched by Vodacom as a free service to its customers in 2001.

In line with a 2016 Constitutional Court order, Vodacom determined compensation of R47 million to Makate but he rejected this determination and brought an application to the High Court.

– CAJ News

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