Johannesburg - Prominent lawyer George Bizos has labelled a suit against him and his colleagues by Nelson Mandela’s daughters as a ploy to “resuscitate” the sale of the artworks.
“This is the motive of the court application.”
The handprints have been a subject of controversy involving businessman Ross Calder, lawyer Ismail Ayob and others over who holds the rights to sell them.
Bizos accused Ayob of paying R150 000 each into Zenani and Makaziwe’s accounts from a Mandela trust account without his authorisation.
He told The Star that Ayob was later ordered to pay back the money from his own pocket.
On Monday, Makaziwe and Zenani – supported by Mandela’s grandchildren – filed an application to have Bizos, businessman Tokyo Sexwale and lawyer Bally Chuene removed from Harmonieux Investment Holdings and Magnifique Investment Holdings.
The companies, according to court documents and a source, were established by Ayob, Mandela’s former lawyer.
Their main purpose was to channel “proceeds of Madiba’s handprints” into the accounts of the companies for Mandela and his children’s benefit.
The proceeds are estimated at more than R15 million.
Makaziwe and Zenani claim in court papers that Bizos, Sexwale and Chuene were never appointed by Mandela as major shareholders or directors.
They argue Bizos and Chuene were not properly appointed and therefore should be removed.
Makaziwe said in her affidavit: “All three – Bizos, Chuene and Sexwale – were invited to resign as directors, which invitation they declined.”
She added that they were not formally appointed by the shareholder (Mandela) of the companies by way of any resolution.
On Wednesday night, Ayob launched a scathing attack on Bizos, saying he had hijacked the two companies and should not comment on the pair launching the court bid.
“Bizos has hijacked these two companies and that is illegal. You can’t just hijack companies,” Ayob said.
He reacted with anger to Bizos’s claims that he paid R150 000 to Makaziwe and Zenani, saying Bizos was suggesting this was a “bribe.”
“George is so offensive that he thinks I can pay them a bribe of R150 000. Only a white man can speak that language. He has hijacked the Mandela companies and he must resign,” Ayob said.
He confirmed he had paid R700 000 into the trusts of Mandela’s grandchildren, who were “down and out” at the time.
“They said, what you paid to the family you must pay it back,” Ayob said. He had to cash in his retirement annuity fund and pay back the money to the trust.
“I’m not happy that I had to cash my retirement annuity fund.”
Meanwhile, Nkosi Zwelivelile Mandla Mandela has distanced himself from claims that he supported Makaziwe and Zenani in their court application.
Mandla also denied he made a sworn affidavit as a beneficiary, as claimed by Makaziwe and Zenani.
Makaziwe, in her court papers, claimed that Mandla was among Mandela’s 17 beneficiaries who supported their court action.
Speaking through his spokesman, Freddy Pilusa, he said: “I want to put it on record that I am neither aware of this court application nor supportive of it.
“If the paper had taken the time to contact me, I would have confirmed that I have never signed any sworn affidavit calling for the removal of the individuals mentioned in the story.”
Mandla said some of the individuals mentioned were “men of integrity and have always enjoyed the support of my grandfather”.
“Advocate George Bizos, for instance, has an enduring relationship with my grandfather and the family. It is important at all times that we, as a family, avoid actions and decisions that will infringe on the dignity of my grandfather,” he said.
However, Ayob was adamant that Mandla had supported the court application. “He signed it in my presence.”
Bizos, Chuene and Sexwale have already appointed law firm Norton Rose to challenge the allegation against them.
The trio, through their lawyer Michael Hart, said: “Our instructions are that in June 2004, Mr Mandela ended his professional relationship with attorney Ismail Ayob and his firm.
“He provided explicit instructions to Ayob, identifying the independent professionals and businessman of high repute who were to be appointed to replace Ayob and his family members as trustees of the various trusts and directors of companies owned by such trusts.”
Hart said his clients were identified by Mandela and were, in due course, lawfully appointed as directors of the two disputed companies.
“We are instructed to record our clients’ complete rejection of the scurrilous allegations made by Makaziwe and Zenani in their court papers. These will be refuted in the answering affidavits filed in support of our clients’ opposition to the application,” he said.
Hart denied that Mandela’s other beneficiaries had filed against their clients, saying none of those affidavits were contained in the court papers.
“Our clients record their dismay at the insensitivity of Makaziwe and Zenani in publicly releasing the unanswered documents, particularly at this time.
“They will deal fully with the matter in their papers to be filed in terms of the rules of court,” said Hart.
The Star