In a scathing judgment handed down by acting deputy chief justice Mbuyiseli Madlanga , the matter has been sent back to the supreme court of appeal, with the court ordering that it be heard by a different panel of judges. The court found that the supreme court failed in its "duty of proper consideration" when considering the case.
Makate has been ordered to pay the legal costs of Vodacom's counsel at the constitutional court, including the cost of three senior counsel. The judgment was unanimous.
"This court has agonised over Vodacom's submissions about a court's disregard of facts constituting a failure of justice," said acting deputy chief justice Mbuyiseni Madlanga.
The constitutional court found that the SCA failed in its duty by not granting Vodacom a fair trial.