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Final arguments in Please Call Me dispute

Publish date: 12 November 2013
Issue Number: 3400
Diary: Legalbrief Today
Category: General

Judgment has been reserved in the case of the Vodacom employee who took on the mobile telecoms company in a David and Goliath battle over its Please Call Me service.

The South Gauteng High Court heard closing arguments yesterday in the case brought by Nkosana Makate, who wants compensation for the popular product, which he claims was his idea. According to a BDlive report, Makate has asked the court to find that he had a binding oral agreement with Vodacom that he would be paid for his idea. He also wants an order directing the parties to negotiate reasonable remuneration for the use of the product. Yesterday, the court heard from the company's lawyers that none of its employees or officials had the authority to promise Makate any amount of remuneration for the product. Fanie Cilliers SC, for Vodacom, denied there was any agreement between Vodacom and Makate to negotiate payment of remuneration. Also, even if Makate did have a claim, he issued a summons only in 2008 - nearly eight years after the event, he said. Cedric Puckrin SC, for Makate, said an internal e-mail sent by to all Vodacom staff on 9 February 2001 to introduce the concept stated: '(Nkosana) Makate from our finance dept came up with this idea a few months ago and brought it to the product development division. We wish to thank (Nkosana) for bringing his idea to our attention.' Full BDlive report

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