Sometimes the formalistic application of technical legal rules by courts stand in the way of achieving a just and fair outcome in a dispute between parties who have unequal bargaining power. But as the Constitutional Court demonstrated this week in its judgment on the “Please Call Me” dispute between Kenneth Nkosana Makate and Vodacom, this need not always be the case. With a little resourcefulness and a strong sense of justice, courts will often be able to interpret and apply technical legal rules in a manner that will produce a reasonably just outcome.
Mr Kenneth Nkosana Makate’s struggle to be compensated by Vodacom for his idea to develop a “Please Call Me” service (an idea that has generated billions of Rand for Vodacom) started as a love story. (more…)
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Likewise, in Budapest, the brokers of the Communist bloc have been moved to ‘Memento Park’, where ‘giant monuments from the Soviet dictatorship’ are displayed cheek by jowl: they’re all here, the heroic peasants and founders of the fatherland, Comrades Lenin and Stalin – the latter figured only by his boots, which were all that was left of him after the revolutionaries of 1956 pulled him down.