Nkosana Makate, who claims he invented Vodacom\u2019s Please Call Me service in 2000, has won his Constitutional Court case against the mobile operator. This is according to several reports.<\/p>\n
Vodacom spokesperson Byron Kennedy said: \u201cWe are aware of the Constitutional Court ruling and are currently studying its contents.\u201d<\/p>\n
Makate was fighting Vodacom in a bid to get additional compensation \u2013 as much as R6.75 billion<\/strong><\/a> \u2013 which he says he was promised by the company.<\/p>\n He filed papers in the Constitutional Court last year<\/strong><\/a> after the South Gauteng High Court dismissed his\u00a0case against Vodacom, with costs.<\/p>\n According to Makate, his boss Philip Geissler promised \u2013 in an oral agreement \u2013 to facilitate remuneration negotiations with the company.<\/p>\n Vodacom argued that the rights to anything developed or produced by its employees belong to the company. Makete disputed this, arguing the idea fell outside of his normal duties at Vodacom.<\/p>\n Vodacom also said that Geissler did not have the right to promise Makete anything on behalf of the company.<\/p>\n Vodacom argued there is a difference between an idea and a working product. The final product, which uses a USSD and SMS system with advertising, may therefore not be what Makete envisaged.<\/p>\n The High Court dismissed the civil case against Vodacom<\/strong><\/a> with costs on 1 July 2014.<\/p>\n Law and constitution writer at Business Day, Franny Rabkin, tweeted that the Constitutional Court has no ground to reverse the factual findings of the High Court.<\/p>\n One of the findings\u00a0was that Makate has proved existence of an agreement between him and Vodacom.<\/p>\n Rabkin reported that the Constitutional Court said the majority and minority agree that Vodacom is bound by this agreement, and must negotiate in good faith to pay him reasonable compensation.<\/p>\n It was reported that the Constitutional Court has ordered Vodacom to determine compensation to Makate within 30 days.<\/p>\n Vodacom Please Call Me case back in court<\/strong><\/a><\/p>\n What can be learnt from South Africa\u2019s \u201cPlease Call Me\u201d case<\/a><\/p>\n Vodacom Please Call Me battle to continue: report<\/strong><\/a><\/p>\n Vodacom victorious in R6.75 billion Please Call Me case<\/strong><\/a><\/p>\nMore on Vodacom<\/h3>\n