South Africa’s Constitutional Court on Thursday upheld an appeal by telecommunications group Vodacom against a 2024 Supreme Court of Appeal (SCA) judgement on the ongoing ‘Please Call Me’ matter.

The case has now been referred to a new panel of the SCA.

Vodacom will review the judgment in full and take the appropriate next steps, the company said in an update to shareholders.

In 2016, Vodacom CEO Shameel Joosub determined reasonable compensation of R47-million to former employee Kenneth Nkosana Makate for a "buzz idea" which was developed and launched by Vodacom as a free service to its customers in 2001.

This was in line with a Constitutional Court order.

However, Makate rejected this determination and brought an application to the Gauteng Division of the High Court of South Africa to have the determination judicially reviewed and set aside.

On February 8, 2022, the High Court set aside the determination and ordered the CEO to reconsider the settlement offered to Makate, a decision which Vodacom appealed in the SCA.

The SCA, after hearing the appeal on May 9, 2023, handed down its judgment on February 6, 2024.

Vodacom lodged an application for leave to appeal at the Constitutional Court against the judgement and order of the SCA.

This appeal was heard by the Constitutional Court on November 21, 2024, with judgment handed down on July 31.