Vodacom has applied for leave to appeal the 6 February judgement on the Please Call Me matter, handed down by the Supreme Appeal.
The mobile operator confirms that it has lodged its application for leave to appeal this judgment and order to the Constitutional Court of South Africa.
In a message to shareholders, Vodacom states that it believes there are “key aspects of this matter which do not accord with the spirit of the law and that the judgment and order are fundamentally flawed.
“It is apparent from the dissenting judgment of the SCA that the majority judgment overlooked or ignored many of the issues between the parties and their evidence and submissions relating to those issues,” the statement adds.
In its application for leave to appeal to the Constitutional Court, Vodacom intends to make the following submissions:
* The SCA’s order impinges on the Rule of Law in terms of section 1 of the Constitution of the Republic of South Africa 1996 and deprives Vodacom of its right to a fair trial under section 34 of the Constitution;
* The SCA misdirects itself by considering and deciding on issues which had not been placed before it for adjudication by either Vodacom or Mr Makate;
* The SCA selectively chooses to only have regard to Mr Makate’s evidence, as in the case of models for computing compensation payable to Mr Makate, while ignoring swathes of evidence in this regard presented by Vodacom contesting Mr Makate’s version; and
* The SCA orders are unintelligible, incomprehensible, and vague rendering them incapable of implementation and enforcement.
The company says the impact of the SCA judgment, should it be upheld, would be vast and wide-ranging on both Vodacom South Africa and Vodacom Group, as well as the attractiveness of South Africa as an investment destination.
“It would negatively impact our employees, shareholders and Vodacom’s contribution to public finances. It would also have an impact on our network investment, coverage, and social programmes.”