Makate believes ConCourt could’ve had more conclusive findings in battle with Vodacom

JOHANNESBURG - 'Please call me' inventor, Nkosana Makate, said he believes that the Constitutional Court could have come to a conclusive finding in his battle with telecommunications giant Vodacom.

The apex court has remitted the matter back to the Supreme Court of Appeal (SCA), setting aside its ruling.

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In a scathing judgment, the Constitutional Court pointed out that the appeals court made several errors in its adjudication of the matter, which resulted in a ruling in Makate’s favour.

Makate and Vodacom have been in an almost 20-year battle over what is due to Makate over the invention of the 'Please call me' product.

In his final judgment before retirement, Justice Mbuyiseli Madlanga highlighted what he called the SCA’s fatal shortcomings in that it did not make its own decision on the issues in the matter.

The court has granted Vodacom leave to appeal the SCA’s judgment but has also ruled that the matter should go back to the court before a different panel.

"It seems to me the just and equitable remedy [77] is for the appeal to be decided on its merits by the court that ought to have decided it. More importantly, in the main, what remains for determination in the appeal are factual questions that do not ordinarily fall for determination by this court."

But Makate said he was expecting a different decision.

"I think the ConCourt could have finalised the matter. We still had a hearing in the high court, which they could have gone to as well, and ignored the SCA completely. They could have done that."

Makate said he remains resilient and sure in his case.