‘Please Call Me’ inventor Nkosana Makate seeks to privately prosecute a British investor who is claiming 40% of his multimillion-rand settlement with Vodacom, reports TimesLIVE.

After a two-decade battle with Vodacom for compensation which ended with an out-of-court settlement last year, Makate has entered a fresh battle against an investor claiming almost half his money.

Errol Elsdon’s company, Black Rock Mining, has gone to the Gauteng High Court (Johannesburg) seeking a share of the settlement. He claims Makate entered into a binding contract 15 years ago.

In response, Makate has hauled Black Rock Mining to the Gauteng High Court (Pretoria) in a bid to have its claim of entitlement dismissed due to misrepresentation and forgery.

Makate said the company, which never traded and had no assets, never funded his legal battle with Vodacom and therefore deserved no share of his settlement.

Makate claims his signature was forged on a contract with the company.

The claim dates back about a decade, when a legal battle between Makate and Elsdon’s other company, Raining Men, played out through arbitration and courts.

Raining Men failed in several legal bids to lay claim to a payout during negotiations between Makate and Vodacom, while Black Rock Mining failed in a December court bid to block Makate from accessing Vodacom’s payout.

TimesLIVE reports that Makate now seeks a nolle prosequi certificate from the NPA regarding the case, which was opened in 2018.

Once he has this, he can launch a private prosecution against Elsdon.

NPA North Gauteng spokesperson Lumka Mahanjana said she was unable to comment as she needed more time to gather facts on the matter. However, Mahanjana said she was aware that Makate had made representations to former NDPP, Shamila Batohi.

Elsdon responded via his lawyers, SN Mnguni Attorneys, saying he was unaware that Makate sought to privately prosecute him.

‘Neither our client nor this firm has previously been made aware of any alleged application by Mr Nkosana Makate for a nolle prosequi certificate or the basis upon which such application may have been made,' the law firm said.

Elsdon did not respond to specific questions about the forgery allegations.

The law firm, however, denied any allegations of wrongdoing.

Full TimesLIVE report