This case has gone on too long – 15 years – and the courts are at fault, the C Court especially for not, at the last appearance there, deciding once and for all the award, leaving it to Vodacom’s CEO(!) to decide. This was abrogating their (and lower courts too) responsibility. The same thing is happening with the Zuma case.

Litigants approach the courts to arbitrate if consensus cannot be reached, not to be told to work it out for themselves. This is another example of the dysfunction of SA society, particularly if parties have deep pockets to vexatiously abuse the process as Vodacom is doing.

Btw hedge fund managers might already be taking bets on Vodacom and its parent Vodafone share price (shorting it) based on the likely outcome. Even if the R29 billion is reduced (can’t see CCourt setting aside the SCA’s ruling when it already found for Makate), Vodacom having a very large amount – say, R500 million, R1 billion, never mind R29bn – as a contingent liability on their balance sheet would be a first for SA and many other places. Be interested to see what Vodacom and Vodafone do. First, Vodafone should fire Vodacom’s board and executive, CEO Joosub first. Next, structure the company. Heavens, if a sizeable amount is confirmed, after that even Cell C might look good.