ConCourt rejects YeboYethu's bid to enter 'Please Call Me' matter

YeboYethu wanted to show court the 'significant impact' of the SCA decision

The special purpose vehicle that holds Vodacom's BBBEE shares — YeboYethu — has failed in its bid to be admitted as a friend of the court in the protracted legal battle between Vodacom and “Please Call Me” (PCM) inventor Nkosana Makate.

The dispute over compensation is before the apex court again after Vodacom went to the Constitutional Court in February in a bid to quash a Supreme Court of Appeal (SCA) ruling that it should make a new compensation offer to Makate for his PCM idea.

The SCA set aside a R47m offer that Vodacom CEO Shameel Joosub made to Makate five years ago, which he rejected.

On Thursday, the Constitutional Court found that “the application has to be dismissed as no case has been made” by YeboYethu in its bid.

“The Constitutional Court has considered the application as amicus curiae. It has concluded that the application should be dismissed as no case has been made out for admission as amicus curiae,” the court held.

The eight justices involved in the ruled also decided not to award costs in the matter.

YeboYethu, which was created in 2008 as the main black empowerment scheme for Vodacom, has 80,000 indirect shareholders who are paid regular dividends unsuccessfully argued three weeks ago that should the decision of the SCA stand, 80,000 black indirect shareholders of Vodacom may not be paid any dividends.

It said it had an interest in the matter and even though it was not a legal interest it wanted to help the court understand the “significant impact of the SCA decision”.

Makate had already indicated that he was opposed to YeboYethu's application.

This is the second time the dispute between Makate and Vodacom has come before the highest court in the land, as the Constitutional Court ruled in April 2016 that Makate must be recognised and compensated for his idea.

The Constitutional Court will hear the matter next month.

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