Nkosana Kenneth Makate has argued that Vodacom should not be allowed to appeal to the Constitutional Court, and rebutted the mobile operator’s criticism of the Supreme Court.
Nkosana Kenneth Makate has filed responding papers in the Constitutional Court to challenge Vodacom’s appeal against his victory in the Supreme Court earlier this year.
The Constitutional Court’s ruling effectively disregarded questions of whether Makate’s idea was novel, practical, and whether MTN had patented it first. Instead, it focused on the contractual aspects. Foreseeing that talks would inevitably break down, and in line with the above, the Constitutional Court designated Vodacom CEO Shameel Joosub as the deadlock-breaker.He challenged Joosub’s methodology for determining the amount in the High Court,The High Court also set several directives Joosub had to follow in calculating the compensation.
Crucially, the court ordered that Vodacom should use Makate’s models to calculate how much revenue Please Call Me generated. The ruling did not stipulate which of the three models Vodacom should use.In its court papers, Vodacom said the Supreme Court had infringed on its right to a fair hearing by, amongst others, delivering a ruling that was too vague to be enforceable.
This proved impractical to implement, and Vodacom ultimately built a USSD-based interface with which subscribers could generate a free “Please Call Me” SMS message delivered to a specified phone number. Vodacom said this should be taken into account when considering what constituted reasonable compensation for the idea.
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