I'll see you in court, says Calder

Published May 13, 2005

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By Jonathan Ancer & Philani Makhanya

Controversial art publisher Ross Calder will see Nelson Mandela in court. Mandela's lawyer, Bally Chuene, said that at the close of business on Thursday he had received notice from Calder that he intended to oppose a court action brought against him by Mandela.

However, Chuene confirmed that he had yet to receive notice from Mandela's former lawyer and friend, Ismail Ayob - an indication that Ayob might accede to Mandela's demands and not resist his court action.

On Thursday was the deadline by which Mandela had instructed the respondents to file their intentions.

The respondents are Ayob, his wife, Zamila, the three companies he represents - Harmonieux, Magnifique and Tinancier - and Calder and the companies he represents, Ad Point Trading and Abeille Investment.

Mandela has asked the court to order Calder and Ayob to refrain from selling, marketing and distributing merchandise that uses his name, and he wants Ayob and Mrs Ayob to resign from their positions in the trusts associated with Mandela.

The former president is also demanding an audited account of the trusts and the artwork project.

Mandela also wants a contract that he claims he was tricked into signing with Tinancier set aside. The contract, signed in 2001, transfers Mandela's intellectual copyright to the company - but Mandela claims that he was only made aware of Tinancier's existence last month.

Cracks in the relationship between the two men surfaced when Mandela tried to make a will in order to get his financial affairs in order. However, he argues in the court papers that Ayob was reluctant to draw up the will. He then turned to his friend and legal adviser, advocate George Bizos.

Calder will now have until May 23 to place before the court an affidavit responding to the allegations that have been put to him.

Mandela's legal team then has four days to respond to Calder's answering affidavit, and the matter will be set down for hearing on May 31.

Calder, who tried to strike a deal with Mandela recently, has continuously declared his innocence but has declined to elaborate.

However, if Ayob has not opposed the application by next Tuesday it will be placed on the Johannesburg High Court roll and a judge is then likely to make the relief sought by Mandela an order of the court.

Ayob would then be forced to comply with instructions that Mandela had issued unsuccessfully to him over the past two years.

Despite apparently missing the deadline set by Mandela's lawyers, the door remains open to Ayob to file his intention to contest the allegations before Tuesday, provided he gives a reason to the court.

Meanwhile, a Durban art collector who used his hard-earned savings to buy one of the famous Mandela artworks said on Thursday that investors would appreciate public support from Mandela.

Peter Ford, an exhibition picture hanging specialist, bought the artwork with a partner for R43 000 last year as an investment.

He said that while most people bought artwork as an investment, they had believed the proceeds would benefit disadvantaged children through charities.

"There is no clear answer as to what is good or not good. I believe that, as investors, we would appreciate a statement from Mr Mandela or his representative which would at least clarify what is happening because some people mortgaged their houses on this stuff," he said.

When asked why he had decided to spend his life's savings on artwork, Ford said: "I believed the art was worth something; it was significant because it was the first time the president of a country had done something like this and it was the only opportunity I would ever have of owning something that had connection with a great man like Mr Mandela."

His sentiments were echoed by Craig Mark, director of the KwaZulu-Natal Mark Gallery in Umhlanga, which is the only art gallery licensed to sell the artwork in the province.

Mark said he had been inundated with calls from clients from Durban and abroad who were worried about their investments.

He said he had stopped selling the Mandela artwork.

The most expensive of Mandela's paintings had been sold for about R100 000.

Despite numerous attempts, Calder and Ayob could not be reached for comment on Thursday.

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