Mind boggling Vodacom does not know how much it made from ’Please Call Me’ invention - advocate
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Pretoria - On the first day, Advocate Gilbert Marcus SC, told Judge Wendy Hughes that she must put an end to this saga running more than 20 years and determine what is owed to Nkosana Makate.
While Vodacom CEO Shameel Joosub came to the conclusion that R47 million was a fair amount, the Makate camp is of the opinion that closer to R10 billion was more to the point.
Marcus argued that in the light of how Vodacom has dealt with the matter in the past, it would be inappropriate to send the matter back to the CEO to determine a new amount. But, he said, if the judge chose to remit the matter back to Vodacom, she should issue strict guidelines on how the CEO should exercise his powers.
Advocate Cedric Puckrin SC, who took over the legal arguments on behalf of Makate, argued that it was “mind boggling” that Vodacom did not exactly know how much it had made from Makate’s invention.
The parties, among others, differ on how much is generated after a person has sent a please call me notice and the receiving party responded by phoning back.
While Vodacom could not give an exact time on how long these calls lasted, it said it was less than two minutes, while the Makate camp said Icasa data showed that it was usually longer than two minutes.
Puckrin meanwhile asked that the court saddle Vocadom with the legal costs pertaining to this battle, including the cost of several experts which Makate had to consult in his legal bid.
“He had to fight fire with fire and he thus had to hire a host of experts,” Puckrin said.
Arguments on behalf of Joosub are being presented this afternoon. He is not opposing the application and abides by the court’s ruling.
He is, however, maintaining that he acted reasonably in determining that Makate should receive 47 million.
Vodacom, which is opposing the application, will deliver their arguments last.