INTRODUCTION TO
RESEARCH
METHODOLOGY FOR LAW
AND CRIMINAL JUSTICE
IRM 1501
ASSIGNMENT 02
SEMESTER 01
TWO OPTIONS ARE PROVIDED FOR YOU OF ANSWERS TO CHOOSE BETWEEN AND AVOID PLAGIARISM
QUESTION
Find the case of Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016
(6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016) and discuss this case in
the prescribed format (Facts, legal question, reasons for the decision or ratio
decidendi and the findings).(20 MARKS)
, IRM 1501
ASSIGNMENT TWO
QUESTION
Find the case of Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016
(6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016) and discuss this case in
the prescribed format (Facts, legal question, reasons for the decision or ratio
decidendi and the findings).
(20 MARKS)
OPTION 1
Makate v Vodacom (Pty) Ltd is a landmark case that was heard by the
Constitutional Court of South Africa and has significant implications for
intellectual property rights and contractual obligations. The case revolves around
the dispute between Mr. Kenneth Nkosana Makate and Vodacom (Pty) Ltd, a
major telecommunications company in South Africa.
The facts of the case are as follows: Mr. Makate claimed that he had developed
the concept of the "Please Call Me" service while working as an employee at
Vodacom. The service allowed Vodacom subscribers to send a free message
requesting a call back from the party they were trying to reach. Mr. Makate
alleged that he had pitched the idea to Vodacom, and the company had agreed to
develop it further. However, Vodacom launched the service without
compensating Mr. Makate for his idea.
The legal question at the heart of this case was whether Vodacom had violated
Mr. Makate's intellectual property rights and whether he was entitled to
compensation for the Please Call Me service. The Constitutional Court was tasked