Four months have passed since the Constitutional Court heard arguments in the high-profile Please Call Me dispute between Nkosana Makate and Vodacom, with no clarity yet on when a ruling will be delivered.
The case, which was argued in November 2024, saw Vodacom challenging a court order compelling it to compensate Makate for the popular ‘Please Call Me’ service. The feature, which has been a cornerstone of Vodacom’s offerings for over two decades, has reportedly generated billions in revenue.
Vodacom, a subsidiary of UK-based Vodafone, is contesting a Supreme Court of Appeal (SCA) ruling which dismissed CEO Shameel Joosub’s R47 million settlement offer made to Makate in 2019. Instead, the SCA determined in February 2024 that Makate is entitled to between 5% and 7.5% of the total revenue the company earned from the service over the past 18 years.
In response, Vodacom escalated the matter to the Constitutional Court, which has yet to hand down a judgment more than five months later.
According to the Office of the Chief Justice, the judgment is reserved, and no fixed timeline has been set for its release. The court emphasised that each case varies in complexity, and the time required for deliberation can differ accordingly. Ultimately, the presiding judges decide when a ruling will be delivered.
While the delay has drawn concern, Makate remains optimistic that the matter will be finalised soon. His legal representative, Wilna Lubbe, acknowledged the intricate nature of the case but said they are looking forward to a conclusion.
Legal professionals have raised alarms over the prolonged silence. Francois Botes, a legal analyst, questioned the absence of time directives for delivering judgments in the Constitutional Court. He pointed out that in other courts, such as the High Court and the SCA, judges are expected to deliver rulings within three months of hearings to prevent justice from being delayed.
Botes also noted that judges facing unavoidable delays are typically expected to inform judicial leadership to ensure transparency and accountability.
He further highlighted broader issues facing the judiciary, especially in Gauteng’s Pretoria and Johannesburg divisions. These courts are reportedly struggling with heavy caseloads, staff shortages, and limited financial resources. Persistent vacancies on the bench are exacerbating delays, with interviews to fill those posts only expected later in the year.
In response, the Justice Department has been urged to appoint acting judges to temporarily relieve pressure on permanent judges. However, Botes believes that long-term solutions are necessary to address systemic challenges in the judiciary.
He also proposed judicial reform, including the creation of more specialised courts to handle specific legal matters, such as those involving medical negligence and road accident claims. While some specialised courts, like the family court in Pretoria, have seen success, he stressed that broader reforms are needed to improve efficiency across the system.
According to Botes, expanding the number of appointed judges and ensuring court facilities are well-resourced would go a long way in reducing backlogs and ensuring timely delivery of justice.
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