Semester 1 2025 - DUE April 2025; 100% correct solutions
and explanations.
Case Name and Citation
Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13;
2016 (6) BCLR 709 (CC); 2016 (4) SA 121 (CC)
Date of Judgment: 26 April 2016
Court: Constitutional Court of South Africa
1. Facts of the Case (10 Marks)
Nkosana Makate was an employee at Vodacom when he came
up with the idea of the "Please Call Me" service in 2000. This
service allowed cellphone users with no airtime to send a free
message asking to be called back. Makate proposed the idea to
Vodacom and engaged in discussions with his superior, Mr
Geissler (Vodacom’s then Director of Product Development),
who agreed to present the idea to Vodacom’s board and also
agreed that Makate would be remunerated if the idea proved
successful.
Vodacom launched the “Please Call Me” service without
concluding a formal contract with Makate or remunerating him.
The service went on to become a major success. Makate later
approached the courts to claim compensation from Vodacom for
the use of his idea.