After Almost 20 years Vodacom Still Owe Nkosana?
When I was reading an article this morning about this movement I felt that Nkosana Makate must get a compensation from Vodacom because is the right thing for the company to do. It came to my attention that Vodacom hasn’t paid since Nkosana since 2000 when he invented the ‘Please Call Me’. Reports revealed that Nkasana invented it while still working for Vodacom.
According to patent Act 1977, the employee is not entitled to compensation if his/her invention belongs to the employer, but if the employee’s invention belongs to them and the employer benefits from it, the employee should be awarded compensation by employer. To my understanding, Nkosana was working for Vodacom and invented “Please Call Me’ of which in my opinion the idea is his and yet he’s not compensated for it.
It’s such an exceptional benefit that Nokosana had demonstrated but yet this matter is not yet resolved even after Court. On the other hand, Vodacom offered Nkosana R 49 Million, he did not take the offer as he thought it was an insult and he wants to settle for R 70 billion. My question here is, is this about whether or not he get compensated for his invention or how much he should be compensated for? I read that Vodacom maintains their offer that Nkosana has rejected and they are expected to resolve this matter at 10am today.
I believe the court was supposed to ensure that it secures for Nkosana “a fair share because Vodacom’s benefit from it. I mean is up to them and the Court to decide whether the sum the inventor was entitled to in compensation should be based on the actual amount made by Vodacom to the patent or the hypothetical amount that the company could have made in almost 20 years. I’m not trying to sound like I’m a lawyer but the fact here is Nkosana must be compensated. I believe that invention is of a great success and he deserves better. Although I haven’t concluded whether the R 70 billion is enough or too much for compensation.
By: Fortunate Machaba