Four months after the Constitutional Court presided over the 'Please Call Me' case involving inventor Nkosana Makate and his former employer, Vodacom, there is still no indication of when the judgment will be issued.
Vodacom, owned by British mobile giant Vodafone, contested a ruling from the Supreme Court of Appeal (SCA) that rejected CEO Shameel Joosub's R47 million compensation offer to Makate in 2019.
In February 2024, the SCA ruled that Vodacom should pay Makate between 5% and 7.5% of the revenue generated by the 'Please Call Me' service over the past 18 years.
However, Vodacom appealed this decision to the Constitutional Court, and five months later, no judgment has been delivered.
The Constitutional Court explained the delay, stating that the judgment is currently reserved and there is no specific timeline for its delivery.
Dunisani Mathiba from the Office of the Chief Justice said the timing of the delivery of judgment rests entirely with the presiding judges.
“Unfortunately, there is no set timeframe within which judgments, including those in high-profile cases, are typically issued. The duration for the delivery of judgment can vary due to several factors, including the case's complexity and the amount of deliberation required.
“It is essential to acknowledge that the judiciary operates independently, and the judges ultimately determine when the judgment will be delivered,” said Mathiba.
Despite the uncertainty, Makate remains hopeful that the matter will be resolved soon.
His lawyer, Wilna Lubbe, noted that while Makate understands the complexities, he eagerly awaits a final decision.
Legal expert Francois Botes expressed concerns about the delays.
“One is concerned that the judge president issues directives regarding judgment timelines, as is convention in other courts, including the Supreme Court of Appeal and the High Court across South Africa.
“Judges are expected to deliver judgments no later than three months after hearing a case to uphold the principle that justice delayed is justice denied. Comprehensive judgments are crucial for both parties to understand the reasons behind the court's decision.
“If a judge becomes aware of any factors that may cause a delay in delivering a judgment, they should inform the office of the judge president or the Chief Justice, depending on the court involved.”
Botes elaborated on the judiciary's challenges, particularly in Pretoria and Johannesburg, where a heavy caseload and a shortage of judges have led to significant delays.
“The workload in these divisions is overwhelming, compounded by a lack of financial and human resources. There are ongoing vacancies on the bench, and the subsequent interviews for these positions will only occur later this year.
“The minister of justice has been approached to assist in appointing acting judges to alleviate the pressure on permanent judges, but this is only a short-term solution. A long-term strategy should be implemented to address the systemic issues affecting the judiciary.”
Botes further emphasised the need for judicial reform, suggesting the establishment of specialised courts to handle specific cases, such as those related to road accident funds and medical negligence.
He noted that while some specialised courts, like the family court in Pretoria, have been effective, the overall system requires significant improvements.
Botes underscored the urgent need for the government to appoint additional judges to address the backlog and ensure that justice is delivered promptly.
He stressed the importance of maintaining court facilities and resources to effectively support the judiciary's function.
IOL Politics