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Constitutional Court.
The Constitutional Court has sent the case of Nkosinathi Makate’s ‘Please Call Me’ and Vodacom back to the Supreme Court of Appeal.
The court handed down its judgment in the long drawn legal battle in Johannesburg this morning.
Makate suffers a slight setback after the ConCourt (unanimously) upheld Vodacom’s appeal against the 2024 SCA ruling that Vodacom should pay Makate 5%-7.5% of the revenue generated by Please Call Me over 18 years. The matter must be remitted to the SCA to be reheard #SABCNews
— Canny Maphanga (@CannyMaphanga) July 31, 2025
During his ruling, the Acting Deputy Chief Justice, Justice Mbuyiseli Madlanga, says the SCA breached its duty of proper consideration.
“Back to the question that remains, did the Supreme Court of Appeal’s assessment for the facts and issues constitute a failure of justice? At times, the Supreme Court of Appeal judgement is characterised by confusing reasoning, at other times it is characterised by statements that are in disregard for or lack of awareness for the facts or issues. There are several examples illustrating that the Supreme Court of Appeal breached its duty of proper consideration.”
[BREAKING NEW]
Justice Mbuyiseli Madlanga has ruled that the “Please Call Me” case between Nkosana Makate and Vodacom must return to the Supreme Court of Appeal for reconsideration. pic.twitter.com/KL5omMucdy— SABC News (@SABCNews) July 31, 2025
