Johannesburg - Nelson Mandela’s oldest daughter, Makaziwe, wanted R12-million to be handed over to her by the directors of the two companies at the centre of their legal battle.
Advocate George Bizos told The Star on Sunday that Makaziwe wanted him and co-trustees Tokyo Sexwale and Bally Chuene to distribute the millions for “no specific reason”.
Makaziwe and her sister Zenani have launched a court application to have Bizos, Chuene and Sexwale removed as directors of Harmonieux Investment and Holdings and Magnifique Investment Holdings.
Bizos said Makaziwe told them she was a senior Mandela family member and therefore she could decide to whom to hand out the money.
For the beneficiaries to get the money from the trust, they needed to request the money from the trustees and provide details of what it was going to be used for.
Bizos said the trustees would exercise their discretion before they made the payment.
“We do what is expected of us by Mr Mandela, who founded the trust.
“This woman (Makaziwe) wanted to take over the money, not for any specific purpose, and distribute it to the members of the family.
“That is contrary to the provisions of the trust, therefore we refused to give her the money.”
Makaziwe and Zenani accused Bizos and Chuene – in a letter dated August 16, 2012, through their lawyer Ismail Ayob – of blocking any distribution of income or capital to the beneficiaries from the two companies that were worth “tens of millions of rands”.
The companies were set up by Ayob, Mandela’s former lawyer, to benefit Madiba’s children and grandchildren from money generated by the sale of Mandela’s handprint artwork.
The companies are linked to the Mandela Trust.
In addition, Makaziwe and Zenani are accusing Bizos and Chuene of a dereliction of duty in relation to a call account that is earning a low interest rate.
Ayob’s letter reads: “Since your alleged appointment as ‘director’ of the aforesaid companies, you have blocked any distribution of any income or capital from the aforesaid companies to the owner, being the Mandela Trust, despite requests for assistance being made to you from time to time by the beneficiaries (Mandela’s children and grandchildren).”
Bizos said in reaction to the letter: “Some of the allegations are not true. We have replied to that letter. I don’t wish to comment any further as the matter is already in court.”
He said that if the Mandelas made requests for money in the trusts, and provided sound reasons, the trustees gave them the money.
Last year, R77 000 was paid from the Nelson Mandela Trust to family members after they asked for the funds.
“We have given the money to the children of the two women who are taking us to court.”
Bizos said R800 000 had been paid from the same trust after Nelson Mandela asked for money last year.
According to Ayob, the money in the trusts could be used for scholarships, to start businesses, pay rent, or for the beneficiaries to “feed themselves”.
He said the trustees needed to distribute the money as required.
He was not aware that his client, Makaziwe, had asked for R12-million to distribute to other members of the Mandela family.
“This is news to me,” he said.
In their court application, Makaziwe and Zenani argue that Bizos, Chuene and Sexwale were not properly appointed and should thus be removed.
Makaziwe says in her affidavit that all three had declined an invitation to resign as directors and had not been formally appointed.
In court papers, the pair say their application is supported by 17 other grandchildren including Mandla Mandela.
Last week, however, he, distanced himself from the court action.
Bizos, Chuene and Sexwale have appointed a law firm, Norton Rose, to challenge the application.
Their lawyer, Michael Hart, says Mandela ended his professional relationship with Ayob in June 2004.
His clients, Bizos, Chuene and Sexwale, were identified by Mandela and were, in due course, lawfully appointed as directors of the two disputed companies.
The Star’s efforts to get comment from Makaziwe proved fruitless, with her landline number going unanswered. - The Star