‘Please Call Me’ Case – Find Out How Kenneth Makate Took on Vodacom And Won after 17 Years!
Written by: Tshegofatso M Seretse.
Why this case was trending Last Week
Raise your hand if you have sent out a “Please Call me” text message? For many people in South Africa, Botswana and across the region, the free “Please Call Me” SMS was part of everyday life. But very few knew who created it or that a 17-year legal dispute had been unfolding behind the scenes.
In the year 2025, the case finally came to an end, making headlines across Africa. It has become one of the longest running and most important intellectual property (IP) and compensation battles in African corporate history. This story is groundbreaking because it proves that even a simple idea from an ordinary employee can transform an entire industry and it deserves recognition and fair reward.
Where Did the “Please Call me” Idea Start?
In the early 2000s, Vodacom employee Kenneth Nkosana Makate shared an idea with a company manager, this ideas was ‘a free text message that allows someone with no airtime to ask another person to call them back’. This is because he was in a long distance relationship, and his girlfriend, a student, often couldn’t afford airtime to call him. That is when Makate had a “lightbulb moment” to create a free, network based messaging service that would allow a user with zero balance to send a notification to another user to call them back.
Vodacom tested the idea, launched it, and it soon became one of the most widely used features in Southern Africa.
Makate says he was promised payment if the idea succeeded but was never compensated. In 2016, South Africa’s Constitutional Court ruled that Vodacom had to negotiate compensation with him.
Read the full case here: Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCLR 709 (CC); 2016 (4) SA 121 (CC) (26 April 2016)
The Long Legal Battle (2008 – 2025)
Even after the 2016 ruling, negotiations were far from over. Vodacom’s CEO made a compensation offer in 2019, but Makate disputed the amount, arguing that it undervalued the idea. From 2019 to 2025, the case moved through multiple legal channels, including appeals on how to calculate a “reasonable” payout for his idea. Courts revisited earlier decisions and reviewed complex valuation models suggested.
Read the 2024 case here: Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA 14; [2024] 2 All SA 1 (SCA); 2024 (3) SA 347 (SCA) (6 February 2024)
Finally, in November 2025, Vodacom confirmed that the matter was settled out of court. The company stated that the board approved the settlement on 4 November 2025, and it did not disclose publicly disclose the figure, but they stated that the amount would be disclosed in its financial statements.
After 17 years of litigation, the case was finally settled. This is by far one of the longest legal battles involving an idea by an employee in a company, in Africa.
Why This Case Matters for Workers and Creators
Ideas from Employees have value
The courts in this case have clearly recognized that Makate’s idea was valid, it was adopted and commercialized by Vodacom. Therefore, Vodacom had a duty to negotiate payment as they had agreed with Makate at the time the idea was presented. This sets a powerful precedent that employers cannot simply take and profit from an employee’s idea without fair compensation.
Agree on Terms Early
Most creative conflicts begin with unclear promises especially around compensation for the idea. If you pitch an idea at work, to anyone, be it your supervisor or manager, always get written confirmation about. For instance:
- Who owns the idea?
- How will you be paid for it?
- Whether royalties or credit apply?
- The date on which the idea was created and by who?
- Who did you present the idea to and what did they say about it?
- If praises are made, let them be in writing especially via emails, newsletters etc, not just text messages;
- Keep notes of the process it took for you to present/prepare your idea (simply put, copyright it or register the idea).
Documentation Protects you
Makate’s win took years, but it was possible because he kept records, even the evidence of the newsletters that were published praising him for his idea and how it benefited the company. For employees in Botswana and South Africa:
- Keep email trails;
- Store drafts and concept notes;
- Document meetings and written promises;
Valuation of ideas of often the hardest part
Even when a court finds someone deserving of payment, deciding how much they deserve can take years as seen in this case and other similar cases.
Conclusion
The most important thing to note is that your intellectual property matters, therefore, protect it early. Remember the tips above, document everything and have all agreements in writing.
If you are ever unsure, then seek legal advice early on. As can be seen in this case small issues can grow into 17 year battles when documentation is weak. The ‘Please Call Me’ case is more than a legal story it is a reminder that clarity, documentation, and courage can help protect your creativity, even against large organizations.
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