YeboYethu wants the constitutional court to hear its arguments in the matter, and has applied for admission as amicus curiae , or "friend of the court". A recent application by Vodacom parent Vodafone Group to do the same was rejected by the court.
Makate, who the constitutional court had previously found invented Vodacom's "please call me" ring-back service, scored a big victory at the supreme court of appeal in Bloemfontein in February when the court dismissed an application for leave to appeal an earlier judgment by the high court in Makate's favour.
The appeals court ordered Vodacom CEO Shameel Joosub to make a new offer to Makate based on the assumption that he (Makate) had an 18-year contract with the company. As a result, Vodacom faces the prospect of coughing up significantly more to Makate than the R47-million it had previously offered him.
That offer, determined by Joosub in line with a previous order of the constitutional court, was rejected by Makate as being far too low. He has previously claimed he is owed at least R10-billion in compensation from Vodacom for the "please call me" idea. High court justice Wendy Hughes had ruled in 2022 that Makate was entitled to 5% of the total voice revenue generated from "please call me" over a 20-year period.
"The payment of compensation in such high amount would have disastrous consequences for YeboYethu Investment Co and its shareholders," it said.
