Durban - Attorney Ismail Ayob is no longer representing Nelson Mandela’s daughters in the high-profile case he helped them conduct against their father, his former client, earlier this year.
However it is still not clear if the 71-year-old’s departure brings to an end one of the most torturous and unfortunate relationships Mandela has had to endure, or whether it is a ploy on Ayob’s part to duck some serious legal challenges that may lie ahead.
In April he acted for two of Mandela’s daughters – Dr Makaziwe Mandela and Her Royal Highness Zenani Dlamini – when they filed a court application to secure control over their father’s assets.
The Mandela vs Mandela case was due to be heard in the Johannesburg High Court on July 29, but was postponed when the applicants failed to get their papers in order. A few days ago, Ayob notified the respondents’ attorney, Michael Hart, that he would no longer be representing them.
Whether the case proceeds without him or not, Ayob has left a negative and indelible mark on the Mandela family affairs which is set out in great detail in an interdict brought by Mandela in 2005.
Their relationship began in the 1960s, when Ayob was an articled clerk at NG Patel and Cachalia and was given the task of visiting Mandela on Robben Island. It didn’t take Ayob long to appreciate the privilege and soon after he was admitted as an attorney in the early 1970s, he took over the affairs of Mandela, much to the annoyance of his former employers.
Until his release in 1990, Mandela entrusted his “personal, family, legal and financial affairs to Ayob by reason of the trust relationship that had developed between us”.
That relationship continued during Mandela’s presidency of the ANC and later presidency of the country, during which time the management of his affairs became more complex each year.
Ayob was responsible for the administration of his personal, family and financial affairs. Around that time, the Nelson Mandela Children’s Fund and the Nelson Mandela Foundation were started, into which much of the funds were channelled. A number of other trusts were established for Madiba and his family.
But in 2003, Mandela became aware that Ayob had also set up a number of companies linked to some of the trusts for the marketing and selling of now infamous artworks.
It had been Ayob’s idea to start an art series which would be sold for a profit for the foundation and children’s fund. Limited editions were developed, all signed by Mandela.
However it later emerged that the art pieces were reproduced on a “large scale” complete with Mandela’s signature. It was later alleged that plans were made to acquire a printing machine to provide state-of-the-art signature reproduction.
What also came to light was a 2001 agreement, signed by Mandela, in which he signed over his intellectual property rights to a company called Tinancier, of which Ayob was sole director. Mandela insisted in his 2005 affidavit that he had been misled.
“If I did sign (the document),” it was because of “unqualified trust in Ayob”, Mandela stated.
The emergence of that company started the erosion of their relationship.
Ayob also attempted to throw his weight around at the foundation, where he had considerable control over its financial and legal matters. On one occasion he instructed the staff to move the lucrative travel account to a travel agency allegedly linked to him. When the staff refused, he allegedly became threatening.
His services were terminated in 2004 when then-CEO John Samuels complained to the board about his inability to carry out his duties because of Ayob’s interference.
A few months later, Mandela wrote to Ayob to terminate his services as his personal attorney and financial manager. Ayob dug in his heels.
Mandela was then forced to bring the 2005 interdict against Ayob and his wife (now deceased) to remove themselves as trustees of the various trusts he had established.
What followed were nine years of acrimony that culminated in the court challenge Ayob helped to bring against Madiba earlier this year.
When Ayob was removed in 2004, it brought about a reshuffle in the family affairs and saw Wim Trengrove, George Bizos, Bally Chuene, Tokyo Sexwale, Dikgang Moseneke and Themba Sangoni take on various roles on Madiba’s instructions.
When it became apparent that it would not be so easy to push the men aside, Makaziwe’s husband, Dr Isaac Amuah, offered to settle.
The respondents appeared to be open to a settlement, but only if the applicants would respect their father’s earlier wishes and not bring such an application again.
It is also understood that Ayob would stand to foot the legal costs under any agreed settlement. The whereabouts of the signature printing machine that sparked the controversy all those years ago would also form part of any settlement.
With Ayob now removed from the case, those conditions will have to be reconsidered.
Ayob could not be reached for comment.
Sunday Tribune