SUMMARY of Makate v. Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016)

IRM1501

Introduction to research for law and criminal justice



ASSIGNMENT 2- SEMESTER 1/2024

QUESTION & ANSWERS


Written by

Camecia Cass




Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709
(CC); 2016 (4) SA 121 (CC) (26 April 2016)




This document contains three (3) different sets of summarised
answers to the question.




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, ASSIGNMENT TWO

Question 1




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).




Answer




OPTION 1

Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709
(CC); 2016 (4) SA 121 (CC) (26 April 2016)




FACTS OF THE CASE

The Makate case concerns an oral agreement reached by Mr. Makate and Mr.
Geissler, the Director of Product Development and Management at Vodacom,
giving rise to a contractual dispute between Vodacom and Mr. Makate. 1 Later,
through email correspondence, Mr. Geissler, who was then representing
Vodacom, forced this oral agreement into writing.2 Mr. Makate was working as a
trainee accountant for Vodacom at the time the agreement was signed. 3 His
girlfriend and he were in a distance relationship, and communication was difficult
between them because "she did not always have money to call Mr. Makate.".4
This gave Mr. Makate the idea to create a "call me" product that would allow him

1
Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709 (CC); 2016 (4) SA
121 (CC) 1-16.
2
Makate v Vodacom (Pty) Ltd 12.
3
Makate v Vodacom (Pty) Ltd 2.
4
Makate v Vodacom (Pty) Ltd 2.