Mandela set to sue lawyer for stealing from charity fund

SOUTH AFRICA: Lawyers for Nelson Mandela are poised to take legal action against his former lawyer and the publisher of a Mandela…

SOUTH AFRICA: Lawyers for Nelson Mandela are poised to take legal action against his former lawyer and the publisher of a Mandela-sponsored art project for allegedly stealing art proceeds meant for his charities.

In a dispute that has shaken South Africa and the art world, it is understood the writs will allege that Mr Mandela's charities have been robbed of millions by his former lawyer and that the retired South African president's signature has been forged on countless lithographs.

Some of the lithographs in question are of scenes from Robben Island. Mr Mandela's advocates say he has not signed any artwork since withdrawing his endorsement of the controversial art project about two years ago.

George Bizos, a veteran attorney who represented Mr Mandela when he was sentenced to life imprisonment for conspiring to overthrow the government in 1963, is again representing the man he saved from the gallows.

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The case by Mr Mandela is to be taken against lawyer Ismail Ayob and his business associate, Ross Calder, the publisher of the Touch of Mandela art project.

Mr Ayob represented Winnie Madikizela-Mandela, Mr Mandela's former wife during the 1980s before being appointed Mr Mandela's lawyer.

He became well-known as "the voice of Madiba" - which is Mandela's clan name - when the former ANC leader was in Robben Island prison, but he was sacked as his legal representative last year.

During the early 1990s Mr Ayob was given the job of looking after Mr Mandela's interests and he was at the forefront of a move to set up a number of trusts and foundations that were intended to raise funds for Mr Mandela's charities, as well as support his family.

The organisations include the Nelson Mandela Foundation, the Nelson Mandela Children's Fund and the Mandela Family Trust.

However, Mr Bizos told Johannesburg's Star newspaper this week that a legal team was working around the clock to bring an application before court within the next week against Mr Ayob and Mr Calder.

The highly public row between the anti-apartheid icon and his former lawyer is the latest episode in a continuing battle to prevent opportunists across the globe exploiting the 86-year-old's fame for personal profit.

According to the Nelson Mandela Foundation's trademark lawyer, Don McRoberts, hundreds of people around the world are trying to cash in on one of the world's last living icons.

"At one stage I had 65 files on my desk which, to varying degrees, related to the use of Mandela's name without his permission being sought or given. I have been going after these fairly aggressively in the last few months and there are now around 40 outstanding matters," he told The Irish Times.

In some instances Mr Mandela's reputation is used to help others better themselves, as in the case of a restaurant within the grounds of Pollsmoor prison near Cape Town, which employs a unique catering programme designed to help reintegrate prisoners into society. Tourists intrigued by the novelty of dining near Mr Mandela's old cell are served by prison inmates with relatively minor convictions.

Nevertheless, in the vast majority of cases where Mr Mandela's name has been used, it has been done for personal or commercial gain, which Mr McRoberts says is totally against his client's wishes.

"I have taken action against a college in Holland offering 'Nelson Mandela' courses and a website registered in Cyprus claiming to be the 'Nelson Mandela Foundation' and requesting donations. Then there was a local company using 'Nelson Mandela Panel Beaters' as its name."

Mr McRoberts says that no matter what a person's intentions are in relation to using Mr Mandela's name, individuals must gain permission first. People are likely to be given permission to use the name if it is in a good cause.

"We don't mind a 'Kennedy-ised' use of Mandela's name. You see Kennedy museums and Kennedy streets all over America. What we don't want are the Mandela T-shirts and caps that you see everywhere," he concludes.