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Vodafone, the UK-based majority shareholder in Vodacom, has finally been denied access to South Africa’s courts in the ongoing legal battle involving “Please Call Me” service owner, Kenneth Nkosana Makate.
Vodacom previously suffered a loss in the legal battle, when the Supreme Court of Appeal ordered the operator to determine a new compensation for the ‘Please Call Me’ inventor– within 30 days of the order.
Makate has been embroiled in a legal battle since 2008 over compensation, demanding between 5% and 7.5% of the revenue generated from the service.
The Supreme Court of Appeal (SCA) recently ruled in his favor, ordering Vodacom to pay out at least R29 billion ($1.5 billion) with interest.
Makate reportedly said: “I am thrilled with the judgment, it takes us a bit further and much closer to finality. It’s been a long time, the sacrifice has been huge, and a 15-year battle with a massive company like Vodacom is no child’s play.”
According to court documents, Vodacom must pay Makate between 5% and 7.5% of the total voice revenue generated by the ‘Please Call Me’ service, derived from prepaid or contract offerings from March 2001 to March 2021 (18 years), including interest.
The Supreme Court of Appeal also dismissed Vodacom’s application for leave to appeal a previous ruling, setting aside the R47 million offer previously made by Joosub, which Makate rejected.
He rejected the R47 million offer, claiming Vodacom owes him a settlement of R10.2 billion, which excludes accrued interest and all the legal fees incurred since the Constitutional Court judgment.
However, the Supreme Court of Appeal ruled that Vodacom must calculate his payment based on actual revenue from the “Please Call Me” service, a decision Vodacom is now appealing to the Constitutional Court as it is denied access to the South African courts.
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