Celebrate #PleaseCallMe judgement; exposes big flaws in corporate structure

The crumbling facade of hierarchical corporation structures took another big hit this week. This time the unlikely David was Please Call Me SMS service inventor Kenneth Makate, victorious in South Africa’s Constitutional Court after a long legal battle against telecoms goliath Vodacom. Makate has been magnanimous, even praising his adversary, then Vodacom CEO Alan Knott-Craig, as a “visionary”. The ConCourt judges were less complimentary, slamming the telecoms icon and exposing a side of him few knew existed. Seeing this welcome conclusion got me musing about similar instances where individuals with transformative inventions have received little personally, but delivered much for the corporation. Like 39 year old Themba Baloyi, whose persistent championing of an idea created the success story we now know as Discovery Insure. Hopefully Baloyi received something more tangible than the usual corporate pat on his back. With the millions Makate is now likely to receive, those with Baloyi-like ideas will be encouraged to consider their options rather differently. Because the Please Call Me judgement has destroyed a ridiculous notion that just because one-sided contracts say so, corporates own the hearts, souls and even thoughts of their employees. They don’t. And the sooner that reality sinks in, the fewer bad things will be done in misguided pursuance of corporate duty by otherwise honourable human beings. People are essentially good. But antiquated corporate structures incentivise them to sometimes do bad things. Worse, they usually get away with it because those being abused feel powerless to defend themselves. Makate’s victory sends a strong message. Something which will hopefully accelerate change within the business Goliaths. And embolden those who previously never even considered it, to fight back. – Alec Hogg

By Gareth van Zyl

Johannesburg – Inventor of Vodacom’s Please Call Me service, Kenneth Nkosana Makate, says he doesn’t have any hard feelings towards telecoms veteran Alan Knott-Craig.

The Constitutional Court on Tuesday ruled that Vodacom must compensate Makate for conceptualising the Please Call Me SMS idea in 2001.

Vodacom_HQ_April_2016

Makate’s victory in the Constitutional Court comes after a years-long legal battle with Vodacom that started in 2008 and which suffered setbacks in the South Gauteng High Court.

Key to this battle was former Vodacom CEO Alan Knott-Craig’s assertion that he, and not Makate, invented the Please Call Me idea – a claim that appeared in Knott-Craig’s autobiography ‘Second is Nothing’.

The Constitutional Court, though, on Tuesday slammed Knott-Craig’s assertion as a “lie” and a “false narrative” because newsletters from the company in 2001 acknowledged Makate as the inventor of the service.

But Makate, in an interview with Gauteng talk radio station PowerFM, said he has no “qualms” about Knott-Craig’s previous claims. Knott-Craig left Vodacom in 2008. He then joined Cell C as its CEO in 2012 but he left in 2014 after suffering a stroke.

“I have no hatred; I have no bad feelings; I respect the man,” Makate told PowerFM.

“He (Knott-Craig) was a visionary.”

“They were people I looked up to,” Makate told the radio station.

Makate, in the radio interview, further said that his years-long legal battle regarding Please Call Me was “brutal in all senses”.

“I guess you need to stay put and believe in your case and pursue it,” he told the radio station.

Makate further hinted at a book about the legal battle being in the “pipeline”.

“Obviously the book may culminate into a movie,” said Makate.

Meanwhile, Vodacom has to commence negotiations with Makate about compensation within 30 days, according to the judgment.

It’s unclear how much Makate could earn from the idea, but the court, in its judgment, said that “it is common cause that this product has generated revenue amounting to billions of rands.”

Vodacom spokesperson Byron Kennedy, in a statement on Tuesday, said that “we are aware of the Constitutional Court ruling and are currently studying its contents.”

In its Tuesday judgment, the Constitutional Court also overturned a previous South Gauteng High Court ruling that said former Vodacom head of product development, Philip Geissler, had no authority for a binding agreement between Vodacom and Makate.

The Constitutional Court further overturned a previous high court ruling that said Makate should have filed a claim three years after the incident. – Fin24

Source:  http://www.fin24.com/Tech/Companies/please-call-me-inventor-i-still-respect-knott-craig-20160426

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