Call Me victory inspires hope VICTIMS OF STOLEN IDEAS CAN FIGHT BACK
WHEN I read about the legal tussle between Vodacom and then little-known Nkosana Makate about three years ago, I shrugged it off immediately: who does this person think he is to start a fight with such a behemoth?
My dismissal of the case was not based on my knowledge of the law per se, but simply the fact that this seemed to be a major mismatch. Also, my sense was that seeing that the dude had come up with the Please Call Me idea while in the employ of the company, surely coming up with ideas is one of the things that people do in order to get healthy salaries.
How wrong I was! In case you’ve missed the news, when Makate was still in Vodacom’s employ more than 16 years ago he pitched the Please Call Me idea to Philip Geissler who was director and head of product development at Vodacom.
When Vodacom launched the service, it proved immediately popular and made the company profits estimated at R70 billion. Makate wanted a share of the profits as he had come up with the idea in the first place. But the company would have none of that. Makate then laid a claim for 15%. The lower courts found in favour of Vodacom.
But Makate was not to be discouraged. He kept fighting. Until the Constitutional Court finally found in his favour this week. He now stands to make billions of rands.
The birth of the Please Call Me idea is in itself a sweet tale, the stuff of romantic movies.
Apparently Makate’s when thengirlfriend, Rebecca, (who is now his wife) was still a student, she would run out of airtime at crucial moments. She would then ask him to call back.
That planted the seed in Makate ’ s mind: what if Vodacom started a service that would get cash-strapped people to request their lovers, or family to call back at no charge to themselves? The idea found traction inside Vodacom.
What is disappointing and shocking is that while the matter was still dragging in the courts, Alan Knott-Craig, chief executive of Vodacom at the time of Please Call Me’s release, wrote in his autobiography that he had come up with the Please Call Me idea!
How absolutely despicable! The Constitutional Court said as much. Justice Chris Jafta, reading court verdict on Tuesday, said: “This leaves a sour taste in the mouth. It is not the kind of conduct to be expected from an ethical entity.”
Makate ’ s bravery and singlemindedness is admirable, to say the least. It should serve as an inspiration to many people whose ideas have been stolen by those who are more powerful than them.
And I know there are many people out there who have had ideas pilfered by ignoble institutions.
A case that comes to mind relates to the former ANC’s com- munications chief Smuts Ngonyama. In 2013 Ngonyama, remembered mainly for his gaffe “I did not struggle to join the poor”, was dragged to court in a R100million case that has a similar resonance to the Makate saga.
Ngonyama was taken to court by three business contacts – Jerry Moagi, Elaine Damons and David Levinson – who said they met Ngonyama at ANC headquarters Luthuli House in April 2007 to discuss introducing a form of technology, which would raise connectivity speeds.
In an oral agreement Ngonyama undertook to pay Moagi, Damons and Levinson R33-million each if they introduced him to Ahmed Dike, a representative of Tradeport Global Limited, which had acquired the technology.
In turn, Ngonyama would introduce the technology to “interested third parties” in SA and pay the three the money.
In court papers, Moagi, Damons and Levinson claimed they facilitated the introduction and gave Ngonyama information about the technology, which he then took to various organisations.
These included Telkom, which implemented it in April 2008 – either directly or through a subsidiary, they said. Both Ngonyama and Telkom have denied this.
Testifying in court in 2013, Moagi said Ngonyama had promised to introduce the technology to the SABC, Telkom and Sentech.
“He ordered us to give him all the necessary documentation concerning the project. The three of us even went with him and Dike to the Icasa offices for licensing, where Telkom was identified as an entity Tradeport could partner with to implement the technology,” he said.
Moagi, himself an ANC veteran, said he approached Ngonyama because of his political and business connections.
“Our agreement was based on trust and we were going to draw a contract after we saw work done.”
The court threw the matter out, citing inconsistencies in the three associates ’ testimony. But the three are reportedly still fighting the matter.
It would be interesting to see how this battle finally pans out – in light of the ground-breaking Makate case.
“Makate ’ s bravery and singlemindedness is admirable