The move means the country's top court will now hear the merits of the case, in which Makate is seeking compensation from Vodacom for the idea. An earlier court ruling could mean Makate could claim as much as R63-billion from the mobile operator.
"Vodacom confirms that on 26 August, the constitutional court issued a directive that it will hear [the] application for leave to appeal in the PCM matter, in tandem with its appeal against the supreme court of appeal judgment."
A February majority judgment by the supreme court would entitle Makate to compensation ranging between R29-billion and R63-billion, which would have "devastating consequences" for the mobile network operator, its employees and its investors, Vodacom said in papers filed on 26 February at the constitutional court.
The case has gone back and forth for many years as Vodacom and Makate wrangle over the appropriate compensation for the idea he proposed to the company's product development team when he worked in the finance division in the 2000s.
In February 2022, this court set aside Joosub's determination and ordered him to reconsider the settlement. Vodacom then appealed to the supreme court, which found in a majority judgment handed down in February this year in favour of Makate, prompting the appeal to the apex court.
