We are waiting to pay Makate a “substantial amount” – Vodacom

RedViking

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Serious question, why must it?

I don’t remember seeing there being any monetary value set in court, other than being reasonable and set by the CEO.
Becaue they also have to cover the legal fees..... I am sure that will easily be in the millions.
 

Whright

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For me it was the OOB that did it.
Every month without fail I went OOB and no notifications, nearly every month had to fight with them near the end, cancelled and went to Cell C, never had to call in almost 3 years, not once.
So if anyone deserves millions worth of payout from vodacom, it’s vodacom users like yourself, not Nkosana “please pay me” makate.
 

Dups!

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The presidency is pretty much a job just like any other job, whether in the public sector or private sector is still a job, you get paid a salary ? The presidency regularly does performance reviews, and often fire under performing minister, they have a pension fund, employment laws applies to them as well, probably with some special exceptions.

Government applies affirmative action to vacancies in the public sector as well, AA at it's core is to assist previously disadvantaged people, just because he is the president doesn't mean he doesn't fall in to the category of previously disadvantaged, considering his lack of proper education, he perfectly fits the bill.
Completely missed the point.
 

Dave

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Becaue they also have to cover the legal fees..... I am sure that will easily be in the millions.
Those will be a fixed amount (which Makate won’t see a cent of), I was referring to the actual compensation.
 

HennieWelkom

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Courts said they need to give him a reasonable amount, asume if he don't like amount he need to talk to the court.
So reasonable according to vodacom or reasonable according to makate, because that is the difference between R10 and R10 mil
 

Daruk

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It is not about that. It is about the agreement between them. It doesn't matter what you feel it was worth. It must atleast be in the millions.
When was there an agreement to pay him millions, or even thousands?
 

Daruk

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So reasonable according to vodacom or reasonable according to makate, because that is the difference between R10 and R10 mil
The ruling was reasonable according to the CEO.
They can't pay him more than they would reward other staff now or in future IMO. That would set a bad precedent within the company.
 

Dave

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go read the court case. They must pay him and legal fees. Not gonna be a R100.
Forget about the legal fees, they’ll be an agreed and set figure, they don’t make up part of his compensation (which is the discussion).

Edit

Actually, Makate is possibly not even getting his full costs paid, he could still end up with a legal bill.

Vodacom is ordered to pay the costs of the action, including the costs of two counsel, if applicable, and the costs of the expert, Mr Zatkovich.”
http://www.saflii.org/za/cases/ZACC/2016/13.html



Why wouldn’t a years salary be considered as reasonable?




.
 

Daruk

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go read the court case. They must pay him and legal fees. Not gonna be a R100.
Legal fees have nothing to do with this debate AFAIK. We're talking about compensation that he thinks he's entitled to. Legal fees up to now will be paid AFAIK.
 

RedViking

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Last edited:

Dave

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Okay I hear what you and @Dave I saying. I calculated it as a package.

https://citizen.co.za/news/south-africa/1934403/vodacoms-r10m-offer-is-crazy-says-please-call-me-inventor-makate/

It's already been offered millions. So I doubtt it will be less
It’s not really a package though, the legal costs will be a fixed fee (used to be set by the Master of the Rolls iirc, terms would have changed), there would be no discussion or negotiations on that, court costs, 2 counsel @ xx, plus witness fee = costs).

R10m + costs would sound immensely reasonable to most people, wouldn’t you say? If he gets more he’s a really lucky man, but the court ruled the Voda CEO makes that determination (not negotiation) if agreement can’t be reached.

From the judgement:
(b) Vodacom is ordered to commence negotiations in good faith with MrKenneth Nkosana Makate for determining a reasonable compensation payable to him in terms of the agreement.

(c) In the event of the parties failing to agree on the reasonable compensation, the matter must be submitted to Vodacom’s Chief Executive Officer for determination of the amount within a reasonable time.
 

SlowInternet

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It’s not really a package though, the legal costs will be a fixed fee (used to be set by the Master of the Rolls iirc, terms would have changed), there would be no discussion or negotiations on that, court costs, 2 counsel @ xx, plus witness fee = costs).
Legal costs will not be a fixed fee. Legal costs are taxed/assessed by the Taxing Master of the relevant court. Makate's attorneys will have to prepare a detailed statement of all their legal costs and provide it to Vodacom's attorneys. If the attorneys cannot reach an agreement on the legal costs then both sets of attorneys will appear before the Taxing Master to have the legal costs assessed.
 

Daruk

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Okay I hear what you and @Dave are saying. I calculated it as a package.

https://citizen.co.za/news/south-africa/1934403/vodacoms-r10m-offer-is-crazy-says-please-call-me-inventor-makate/

He has already been offered millions. So I doubt it will be less.
The q is was that before or after the recent ruling where the CEO could determine what constitutes a reasonable payout.
Given that it's normal for Vodacom to run internal competitions for up to R1 mil, it's quite possible he missed out by declining the original offer.
 

Daruk

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Legal costs will not be a fixed fee. Legal costs are taxed/assessed by the Taxing Master of the relevant court. Makate's attorneys will have to prepare a detailed statement of all their legal costs and provide it to Vodacom's attorneys. If the attorneys cannot reach an agreement on the legal costs then both sets of attorneys will appear before the Taxing Master to have the legal costs assessed.
They will be a fixed fee as they have already been incurred. Or are you referring to a future legal event?
 

SlowInternet

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They will be a fixed fee as they have already been incurred. Or are you referring to a future legal event?
Yes it has already been incurred but the final amount of legal fees will either be agreed between the 2 sets of lawyers or assessed by the Taxing Master of the court if the lawyers cannot agree on an amount in respect of the legal costs.
 
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