Vodacom has told the Constitutional Court that at one stage, Nkosana Kenneth Makate was arguing that he was owed between R29 billion and R126 billion for his “buzz” idea.
allowing it to proceed with its appeal against a Supreme Court ruling over the compensation Makate is owed.
This latest salvo in the sixteen-year legal battle between Makate and Vodacom comes after the Constitutional Court had already heard the case in 2016.On 21 November 2000, he pitched an idea to a superior for a method of ” buzzing” someone else’s phone — in essence, sending a missed call without airtime.
Within that context, he promised to speak to then-CEO Alan Knott-Craig on Makate’s behalf regarding compensation — provided Please Call Me was successful.They sent letters of demand in 2007 and launched legal action against Vodacom in 2008. It also added a fallback for when talks inevitably broke down, making Vodacom CEO Shameel Joosub the deadlock-breaker.
Joosub was ultimately called on to break the deadlock and returned with an offer of R47 million in January 2019.He then returned to the High Court to challenge the basis on which Joosub had made his determination.When the High Court ruled in favour of Makate, Vodacom appealed to the SCA. The SCA also ruled in favour of Makate, bringing the case back before the apex court.
These included a 2001 looking-forward model, an employee reward model, and a revenue share model looking backwards.
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