The “Please Call Me” service was invented by Nkosana Makate, a former Vodacom employee, around 20 years ago. Makate claimed that he had presented the idea to Vodacom’s management in 2000, but that the company had used his invention without ever giving him any share of the profits. The service quickly became popular and helped to generate significant revenue for Vodacom, making it one of the company’s most successful products. Read More
Makate’s legal battle with Vodacom began in 2008 when he filed a lawsuit against the company. He claimed that he had a verbal agreement with Vodacom that he would be given 15% of the revenue generated by the “Please Call Me” service. Vodacom denied that any such agreement had been made and argued that Makate had not invented the service.
The case went to trial, and in 2016, a High Court ruling found in favor of Makate. The court ruled that he was entitled to compensation for his role in inventing the “Please Call Me” service. However, Vodacom appealed the ruling, and the case was heard by the Supreme Court of Appeal in 2018.
The Supreme Court of Appeal ruled in Makate’s favor, stating that he was entitled to reasonable compensation for his invention. The court ordered Vodacom to enter into negotiations with Makate to determine an appropriate settlement amount. However, Vodacom and Makate were unable to agree on a settlement figure, leading to the case being referred to the Constitutional Court.
In April 2021, the South African Constitutional Court ruled that Vodacom must compensate Makate for his role in inventing the “Please Call Me” service. The court ruled that Vodacom had acted “unlawfully” by using Makate’s invention without providing him with any compensation. The court ordered Vodacom to enter into negotiations with Makate to determine an appropriate settlement amount.
The ruling was seen as a major victory for intellectual property rights in South Africa. Many experts had argued that the case highlighted the need for fair compensation for inventors and innovators, and the importance of protecting intellectual property rights. It was also seen as a warning to other companies to take intellectual property rights seriously and to ensure that they compensate inventors and innovators fairly.
Following the ruling, Vodacom issued a statement indicating that it would “work with Makate to determine a reasonable compensation amount.” The company also indicated that it respected the court’s ruling and would comply with its requirements.
The case highlighted several important issues surrounding intellectual property rights in South Africa. Many experts have argued that the country needs to do more to protect intellectual property and to create an environment in which innovators and inventors can thrive. They have also called for greater transparency and accountability in the management of intellectual property assets and for more effective mechanisms for protecting the rights of inventors and innovators.
In conclusion, the Vodacom “Please Call Me” case was a complex legal battle that raised several important issues surrounding intellectual property rights in South Africa. The case highlighted the need for fair compensation for inventors and innovators and the importance of protecting intellectual property assets. While the case took several years to resolve, the final ruling was seen as a significant victory for Makate and for intellectual property rights in South Africa. It also served as a warning to other companies to take their responsibilities seriously and to ensure that they compensate innovators fairly.