In a panel of five judges, the Supreme Court’s recent ruling in the Please Call Me case was split 3–2. The minority judgement was critical of both sides, ordered Vodacom to pay Makate more, and could have finally ended the matter.
Had one more Supreme Court justice concurred with a minority judgement, the 16-year Please Call Me battle between Kenneth Nkosana Makate and Vodacom could have been over.
While the minority judgement was in favour of Vodacom for the most part, it ruled against the company in one crucial aspect. Had the minority judgement won out, Makate would have still received a huge payday, and Vodacom may have been disinclined to launch a further appeal in the Constitutional Court.
South Africa’s apex court ordered Vodacom and Makate’s teams to negotiate reasonable compensation in good faith. Vodacom, on the other hand, said it had pulled data on the income generated when a mobile customer receives a call — whether from a fixed or mobile network. “ accused the of ‘deliberately excluding vast amounts’, by not applying the mobile voice revenue figures reflected in Vodacom’s annual financial statements,” the minority judgement explained.
In Makate’s calculations, his team assumed that 27% of Please Call Mes generated a return call. Joosub reduced this by 70% — to 8.1%.
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