Fresh Fight Erupts Over "Please Call Me" Payout: BVI Company Demands 40%
Johannesburg – Just days after Nkosana Makate and Vodacom reached a settlement in their long-running "Please Call Me" dispute, a new battle is brewing over who is entitled to a share of the payout. A company registered in the British Virgin Islands, Black Rock Mining, is demanding 40% of Makate's settlement from Vodacom, claiming a 2011 agreement entitles it to a significant portion of the award.
Makate's lawyers have dismissed the claim as baseless, asserting that the funding contract between Makate and Black Rock Mining was rescinded long ago. The actual amount of Makate's settlement from Vodacom remains confidential, but it is widely speculated to be between R350 million and R700 million.
Lawyers for Black Rock Mining wrote letters to both Vodacom and Makate on Monday, stating their intention to pursue their claim, even if it means taking the matter to court. Sinen Mnguni, acting for Black Rock, told News24 that the agreement was still active and "It was never cancelled."
Wilna Lubbe, a member of the legal team that has represented Makate for the past decade, countered that Black Rock's argument was without merit. "Mr Makate does not owe Black Rock Mining anything. The contract with Black Rock Mining has been rescinded long ago," she said.
Makate himself was even more dismissive, calling the claim "wishful thinking" and a "desperate, flimsy and clumsy move." He challenged Black Rock to take the matter to court, stating, "They can go and sue in court if they believe they have a case. They withdrew their case last year [in] 2024. They must bring it on."
In his letter on Monday, Mnguni requested Makate's legal team to pay over 40% of the Vodacom award. If they dispute the need to pay anything, he asked them to ring-fence the 40% in a trust pending court action, which he said would be instituted within 30 days of the letter.
Vodacom, which was preoccupied with its interim results on Monday, declined to comment on the matter.
According to Mnguni, Black Rock's claim originates from a 2011 memorandum of agreement between Makate and South African businessman Christiaan Schoeman to fund Makate's legal battle against Vodacom. Schoeman was named as the authorised representative of a company that was not yet named in the agreement. Mnguni confirmed that this company was Black Rock.
The 2011 agreement stipulated that the company would "fund all legal costs and expenses reasonably necessary to prosecute the claim instituted by Makate against Vodacom." In return, it would be entitled to claim 40% of the award.
However, the current status of this agreement is heavily disputed by the parties involved. A 2018 ruling from the Gauteng High Court in Pretoria quotes Makate as stating that his lawyers cancelled the funding agreement back in 2015, prior to a landmark Constitutional Court judgment that ruled Vodacom had to compensate him. At the time, Schoeman, representing another company called Raining Men Trade, disputed that the agreement had been cancelled.
The emergence of this new legal challenge adds another layer of complexity to the already protracted and contentious "Please Call Me" saga. Whether Black Rock Mining will succeed in its claim remains to be seen, but the dispute is likely to be fiercely contested in the courts.
Follow Us on Twitter
