Vodacom Urges Mining Firm To Stay Out of “Please Call Me” Payout Battle

Vodacom has asked Black Rock Mining (BRM) to remove it from a civil dispute the mining company has launched against “Please Call Me” inventor, Nkosana Makate, over the pending settlement in his long-running intellectual property case.

BRM Seeks to Block Payout to Makate

BRM has filed an urgent application in the Johannesburg High Court to interdict Vodacom from paying Makate an estimated settlement of between R350 million and R750 million.

The company claims it financed parts of Makate’s legal battle against Vodacom, which began in 2008, and therefore wants 40% of the settlement held in the trust account of Makate’s attorneys, Stemela & Lubbe Attorneys, until the matter is fully ventilated in court.

Makate is cited as the first respondent, his attorneys as the second, and Vodacom as the third.

Vodacom: “We Don’t Want to Be Involved in Your Dispute”

In a letter dated 10 November and sent by Vodacom’s lawyers, Leslie Cohen & Associates, to BRM’s attorneys, SN Mnguni Attorneys, the network operator made it clear it does not intend to be drawn into the dispute between Makate and the mining firm.

The letter states: “Our client will abide by any order issued by a competent court, as it has no desire to become embroiled in a dispute between your client and Mr Makate.”

Vodacom confirmed that it reached a confidential settlement with Makate on 2 November 2025, ending their 18-year legal dispute over the “Please Call Me” invention.

Urgent Court Application Filed

Shortly after receiving Vodacom’s letter, BRM lodged urgent court papers seeking to restrain the telecoms giant from paying the settlement into any account other than the trust account of Makate’s lawyers.

The application further seeks to prevent Stemela & Lubbe Attorneys from disbursing 40% of the funds and demands full disclosure of the settlement amount, terms, conditions and payment timelines.

BRM intends to have the matter heard in the normal court roll on Thursday, 2 December, or as soon thereafter as is practical.

Funding Dispute at the Centre of the Case

In his founding affidavit, BRM’s former director, Errol Elsdon, claims that he personally raised funds to support Makate’s legal action, beginning with R500 000 in 2008.

He states he later raised an additional £250 000 (about R3.75 million at the time) from a London investor through the Global Distressed Alpha Fund III, with BRM nominated as the funding entity.

In total, R4.39 million was allegedly contributed to Makate’s litigation costs, with R2.4 million paid to Stemela & Lubbe for disbursements and the rest allocated to counsel, witnesses and other legal expenses.

Elsdon argues that BRM’s funding agreement with Makate was never validly terminated and that the company is therefore entitled to a share of the settlement.

Makate: “The Agreement Ended Years Ago”

Makate disputes this claim in his opposing affidavit, insisting that BRM has no legal entitlement to any portion of the settlement because the agreement was terminated long ago.

Elsdon, however, maintains the opposite, arguing:

“There was therefore never a valid termination addressed to Black Rock.”

The matter is now set to proceed to court, with Vodacom reiterating it will abide by whatever order the court hands down.

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