IRM1501
ASSIGNMENT 2
DUE DATE: APRIL 2025
, IRM1501
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).
Makate v Vodacom (Pty) Ltd [2016] ZACC 13 (Constitutional Court)
Facts:
The applicant, Kenneth Nkosana Makate, was employed by Vodacom (Pty) Ltd in 2000
as a trainee accountant. During his employment, Makate conceived an idea aimed at
solving a communication problem he faced with his long-distance girlfriend—who had
limited airtime and could not initiate calls. Makate's idea was for a service that would
allow users with no airtime to send a message requesting someone else to call them,
which became the foundation for Vodacom's "Please Call Me" service.
Makate shared this idea with his superior, Mr. Lazarus Muchenje, who advised him to
approach Philip Geissler, the Director of Product Development at Vodacom. Makate and
Geissler discussed the idea, and they agreed that Vodacom would use it to develop a
product, and if the product succeeded, Makate would be paid a share of the revenue
generated by it. They did not specify the amount of compensation at that time, but
agreed that if they failed to reach an agreement, Vodacom’s CEO would determine the
amount.
Vodacom developed the Please Call Me service, which was highly successful and
brought in substantial revenue. Despite the success, Vodacom did not compensate
Makate, and later falsely credited its CEO, Mr. Alan Knott-Craig, with the idea, leading
to a media controversy. Vodacom first claimed that Makate had stolen the idea from a
competitor, MTN.
Legal Question:
Whether an agreement existed between Makate and Vodacom regarding the use of
Makate’s idea and if so, whether it was enforceable.
ASSIGNMENT 2
DUE DATE: APRIL 2025
, IRM1501
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).
Makate v Vodacom (Pty) Ltd [2016] ZACC 13 (Constitutional Court)
Facts:
The applicant, Kenneth Nkosana Makate, was employed by Vodacom (Pty) Ltd in 2000
as a trainee accountant. During his employment, Makate conceived an idea aimed at
solving a communication problem he faced with his long-distance girlfriend—who had
limited airtime and could not initiate calls. Makate's idea was for a service that would
allow users with no airtime to send a message requesting someone else to call them,
which became the foundation for Vodacom's "Please Call Me" service.
Makate shared this idea with his superior, Mr. Lazarus Muchenje, who advised him to
approach Philip Geissler, the Director of Product Development at Vodacom. Makate and
Geissler discussed the idea, and they agreed that Vodacom would use it to develop a
product, and if the product succeeded, Makate would be paid a share of the revenue
generated by it. They did not specify the amount of compensation at that time, but
agreed that if they failed to reach an agreement, Vodacom’s CEO would determine the
amount.
Vodacom developed the Please Call Me service, which was highly successful and
brought in substantial revenue. Despite the success, Vodacom did not compensate
Makate, and later falsely credited its CEO, Mr. Alan Knott-Craig, with the idea, leading
to a media controversy. Vodacom first claimed that Makate had stolen the idea from a
competitor, MTN.
Legal Question:
Whether an agreement existed between Makate and Vodacom regarding the use of
Makate’s idea and if so, whether it was enforceable.
