Nkosana Makate returns to court as former litigation funder conditionally agrees to stay arbitration in Please Call Me dispute

Nkosana Makate challenges a 40% settlement claim by Black Rock Mining, alleging fraud as the funder conditionally agrees to stay arbitration in the PCM case.

By: AXL Media

Published: Mar 4, 2026, 8:32 AM EST

Source: The information in this article was sourced from MyBroadband

Conditional stay of arbitration

In a significant procedural shift, legal representatives for Black Rock Mining and former funder Errol Elsdon issued a letter on March 3, 2026, agreeing to stay arbitration. This concession follows a High Court application filed by Nkosana Makate on February 25, seeking to halt the arbitration process initiated by the British Virgin Islands-based entity. Black Rock is currently claiming a 40 percent share of the confidential settlement Makate reached with Vodacom in November 2025 for his "Please Call Me" concept.

Allegations of fraud and misrepresentation

Makate’s founding affidavit in the Pretoria High Court presents a case of alleged deception involving the late Christiaan Schoeman and his associates. Makate contends that the 2011 funding agreement was induced by fraud, rendering the entire contract—including its arbitration clause—void from its inception. He specifically alleges that he was misled into signing the agreement and that Black Rock Mining, which was deregistered for several years, was never a legally valid funder for the duration of the litigation against Vodacom.

Terms and conditions of the stay

The agreement to stay arbitration is subject to strict requirements. Makate must institute a Commercial Court action within 18 calendar days to determine the validity of the funding agreement. Should he fail to meet this deadline, Black Rock reserves the right to immediately resume arbitration. Furthermore, the stay is not considered a concession regarding the validity of the agreement, and the costs of the current application are to be reserved for determination during the forthcoming commercial trial.