What Happened with the Please Call Me Case?
Who is Nkosana Kenneth Makate?
Nkosana Kenneth Makate is the South African inventor who came up with the “Please Call Me” (PCM) service that lets people send a free message asking someone to call them back. His idea became a huge part of how Vodacom customers communicate.
The Original Deal with Black Rock Mining
In November 2011 Makate signed a written financing agreement with a man named Christiaan Schoeman. The agreement said that a company—later called Black Rock Mining—would pay Makate’s legal fees while he fought Vodacom over the PCM idea. In return, if Makate won money from Vodacom, Black Rock would get 40 % of the payout and Makate would keep 60 %.
The Funding Agreement (Nov 2011)
- Makate would receive money for lawyers, court fees, and other costs.
- Black Rock would provide the funds.
- After the case ended, any compensation from Vodacom would go into an escrow account run by the law firm Stemela & Lubbe Inc.
- The escrow would split the money 60/40 (Makate/Black Rock).
What the Agreement Promised
Black Rock claimed it would be the “litigation funder” that made Makate’s victory possible. They said they would cover all expenses and then take a share of the reward.
Why Makate Says the Deal Is Fake
Makate now argues that Black Rock never had the money or legal standing to back him up.
Black Rock Never Had Money
- Makate says Black Rock had no real assets, no cash, and could not pay the legal bills.
- He claims this was never told to him when he signed the deal.
Not Registered Properly
- Under South Africa’s Companies Act, a foreign company like Black Rock (registered in the British Virgin Islands) must register as an “external company” to operate here.
- Court papers show Black Rock failed to do this, was deregistered on 30 April 2014, and stayed inactive until it was reinstated in December 2020—without informing Makate.
The Court Fight Now
Makate’s Application to Gauteng High Court
Makate has asked the Gauteng High Court in Pretoria to:
- Declare the financing agreement invalid, or
- Show that it was properly ended (or terminated).
Claims of Fraud and Misrepresentation
- He says Black Rock lied about being able to fund the case.
- Because the company never had the resources, the agreement was a fraud from the start.
- Misrepresentation like this can cancel a contract.
Termination of the Agreement (March 2021)
- Through his former lawyers, Stemela & Lubbe Inc., Makate sent a notice ending the deal, including any arbitration clause.
- He argues that since Black Rock never paid anything, he owes them nothing.
What Black Rock Says
- Black Rock Mining insists it did fund Makate’s lawsuit against Vodacom.
- They claim the November 2011 agreement is valid and that they are entitled to 40 % of any money Makate receives.
- They expect the court to uphold their right to that share.
The Bottom Line for Teens
Why This Matters
- It shows how important it is to read contracts carefully and know who you’re dealing with.
- If a promise sounds too good (or too vague), ask for proof—like bank statements or registration papers.
- Legal battles can drag on for years, and side deals can affect who gets the money after a win.
Lessons About Contracts and Trust
- Verify: Check that a company is properly registered and has real assets before trusting it with money.
- Document: Keep copies of every email, letter, and agreement.
- Ask Questions: If something isn’t clear, talk to a lawyer or a trusted adult.
Stay Informed, Ask Questions
Understanding your rights helps you avoid being taken advantage of—whether you’re signing a phone contract, a school project agreement, or anything else.
Conclusion
The fight over who deserves a share of the Vodacom Please Call Me payout is still alive in court. Makate says Black Rock never really existed as a funder and that the deal was built on false promises. Black Rock insists it kept its side of the bargain and wants its 40 %. As the case continues, it reminds everyone—especially young people—to look closely at any agreement, verify the other party’s ability to deliver, and never be afraid to ask for clarity before signing on the dotted line. Staying informed and cautious can save a lot of trouble later on.
