In a dramatic turn in one of South Africa’s longest-running corporate battles, “Please Call Me” inventor Nkosana Makate has been ordered to pay Vodacom R13 million in legal costs by the Constitutional Court, a move he warns will have a “chilling effect” on ordinary individuals seeking justice against corporate giants.
The ruling comes after the apex court set aside a previous Supreme Court of Appeal (SCA) judgment that had awarded Makate a share of the revenue from his idea, calling that proceeding a “total failure of justice.” While Makate accepts the court’s decision to send the case back to the SCA for a rehearing, he is challenging the massive costs order.
The R13 million bill covers the fees for six senior counsel who represented Vodacom in the Constitutional Court. The court justified the amount by citing the case’s complexity and the vast sums at stake.
For Makate, this financial penalty is a crushing blow in a fight that began in 2008. He argues it is profoundly unfair, especially since he had to defend against applications from Vodacom shareholders without receiving a costs order in his favour. “This will send a chilling message to the little guy,” Makate stated, framing the costs order as a deterrent to others who might challenge powerful corporations.
The core of the dispute dates back to 2000 when Makate, then a trainee accountant, pitched the “buzzing option” to a superior. Although he was not involved in its development, internal emails show a Vodacom executive promised to discuss a “suitable reward” with the CEO. The Constitutional Court has already affirmed that a verbal contract existed; the remaining battle, set for a re-hearing in November 2025, is solely over the amount of that reward.
This latest development ensures that Makate’s 25-year quest for compensation, regardless of the outcome, will come at an extraordinarily high personal cost.
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