The Constitutional Court ("CC") handed down an unprecedented order remitting the long-running “Please Call Me” dispute between Vodacom and Nkosana Makate back to the Supreme Court of Appeal ("SCA"), raising serious procedural and substantive concerns.

A significant Constitutional Court decision, coupled with expected legislative reforms, suggests that courts now have broader powers to intervene where fairness and justice require it, even when the terms of the ANC exclude accrual.