By Amy Musgrave
Former president Nelson Mandela has won the first part of his legal battle with his ex-lawyer and an art publisher over the sale of artworks connected to the elder statesman.
The Johannesburg High Court ordered lawyer Ismail Ayob, art publisher Ross Calder and various other companies to stop selling the artworks.
They may no longer market and/or sell works of art and other merchandise in South Africa or abroad which involves the use of the name Mandela or his reputation in whatever form.
Mandela sought the interdict after he established that Calder and Ayob had allegedly reproduced an unknown copy of the artworks without his consent.
Mandela, who spent 27 years in jail under apartheid, decided to collaborate with an artist to produce signed, limited edition paintings portraying his years in prison.
The project was reportedly aimed at raising funds for charities bearing Mandela's name. The works were snapped up overseas by celebrity buyers including United States talkshow host Oprah Winfrey.
Mandela stopped signing the artworks soon after, in the hope that all the copies would be exhausted.
Calder and Ayob had made undertakings in letters to Mandela's lawyers - and at the hearing - that they would not oppose the interdict.
However both men have denied that they acted unlawfully or breached copyright laws concerning the matter. Calder had wanted this stated in the order but it was denied by Deputy Judge President Phineas Mojapelo.
Ayob also denied that he unlawfully and illegally reproduced Mandela's original works of art.
The order does not stop other parties which Ayob and Calder do not have control over from doing with the artworks as they please.
The second part of the case is only expected to go to court in August.
Mandela wants the court to remove Ayob and his wife, Zamila, from their positions in the trusts associated with him and is demanding an audited account of the trusts and the artwork project.
Mandela reportedly claimed he was tricked into signing a contract with Tinancier Investment and Holdings (Pty) Limited, a company which was owned by Ayob, and wants it to be set aside.
The contract, signed in 2001, transfers Mandela's intellectual copyright to the company - but Mandela claims he was made aware of Tinancier's existence only last month.
Lawyers for Ayob and Calder told reporters on Tuesday their affidavits only needed to be filed by June 13, and replying affidavits would have to be filed. The court then goes into recess.
The respondents are Ayob, Zamila, Calder, Tinancier, Abeille Investment and Holdings (Pty) Limited, Ad Point Trading 47 (Pty) Limited, Harmonieux Investment and Holdings (Pty) Limited, Magnifique Investments (Pty) Limited, and the Master of the High Court (Transvaal Provincial Division). - Sapa