Nkosana Makate faces R13m legal bill in “Please Call Me” battle against Vodacom

Nkosana Makate, the man credited with inventing the “Please Call Me” service, is now facing a R13 million legal bill following a Constitutional Court ruling that went in Vodacom’s favour. The costs order stems from a single day of argument at the Constitutional Court earlier this year.

The case has been ongoing for more than two decades. Makate first took Vodacom to court in 2008, claiming that the company had profited from his idea without offering him fair compensation. The service, which allowed users without airtime to send a free message requesting a call back, became one of Vodacom’s most popular innovations after its launch in 2001.

Makate was a trainee accountant at Vodacom when he came up with the idea in 2000. He alleges that former Vodacom CEO Alan Knott-Craig later took credit for the invention in his autobiography Second is Nothing, which prompted Makate to seek legal redress.

In February 2024, the Supreme Court of Appeal (SCA) ruled that Vodacom must compensate Makate with between 5% and 7.5% of all revenue generated by the “Please Call Me” service since its inception, with interest. Based on those figures, Makate’s potential compensation was estimated between R29 billion and R63 billion, while the minority judgment placed it at approximately R186 million.

Vodacom challenged the decision, taking the matter to the Constitutional Court. The company argued that the SCA had exceeded its authority by substituting its own decision for that of Vodacom’s CEO, who was tasked by a previous court order to determine the compensation amount. Vodacom also claimed that the SCA’s ruling infringed its right to a fair hearing by not properly considering evidence presented.

In August 2024, the Constitutional Court upheld Vodacom’s appeal. Acting Deputy Chief Justice Mbuyiseli Madlanga described the matter as “unending litigation” and ruled that Vodacom was entitled to its legal costs, including the fees of three counsel. The Court noted that the complexity and financial scale of the case justified the use of multiple senior counsel on both sides.

Makate expressed disappointment with the outcome, stating that the costs order was unfair. He argued that he should not be financially punished for pursuing what he believes to be a legitimate claim. “This fight has always been about fairness and recognition, not greed,” Makate said.

He also highlighted that two separate applications by Vodacom shareholders, Vodafone Group plc and Yebo Yethu (Finance) Pty Ltd, were dismissed by the Constitutional Court, yet he was not awarded costs for those proceedings.

Makate maintains that the ruling undermines access to justice for ordinary South Africans who take on powerful corporations. “It sends a message that those without financial power must think twice before seeking justice,” he said.