They intend to fight an April 2004 Johannesburg High Court order which gave Mandela the right to instruct his then lawyer, Ismail Ayob, to stop managing his financial, personal and legal affairs.
The sisters are now being represented by Ayob.
This was revealed in the Johannesburg High Court last week by Mandela’s lawyer, Bally Chuene, in his answering affidavit to a lawsuit filed against him by Makaziwe and Zenani.
“Makaziwe and Zenani have sought leave to file answering affidavits in the interdict application (Mandela’s 2004 application) on the basis that they are the sole authorised representatives of Harmonieux, Magnifique and Tinancier Investments and Holdings (Pty) Ltd (also wholly owned by the Mandela Trust),” Chuene said in papers filed on Wednesday.
Last month, the sisters filed papers in the High Court asking for an order instructing Chuene, advocate
George Bizos SC and Minister of Human Settlements Tokyo Sexwale to remove themselves as trustees and directors of the Mandela Trust. They also asked the three to resign as directors of the two companies with immediate effect.
Chuene, in his replying affidavit, contends that the tiff began in August 2011 when he, Bizos and Sexwale refused to release the trust’s money to the daughters without a legal justification.
According to Chuene, this prompted Makaziwe and Zenani to file papers in the High Court claiming that the three had not been appointed by Mandela to become trustees and directors in companies owned by him. He said the daughters were intending to challenge an April 2004 court order which barred Ayob from selling any of Mandela’s artworks. The court also ordered Ayob to hand over to Chuene any documents and financial statements of companies owned by Mandela.
In his court papers, Chuene said the daughters are arguing that they were not party to their father’s 2004 court application against Ayob.
In his bid to prove that Ayob was behind the lawsuit against them, Chuene stated that Ayob served them with summonses last August asking them to resign as directors in Harmonieux and Magnifique.
He also said the daughters had amended the trust deed on April 15, 2005 and declared themselves as the only two directors of the two companies.
“I have referred to these inter-related demands for the resignation of the trustees of the general trusts as it is plain that Makaziwe and Zenani and Mr Ayob had set about a general plan to have all of Mr Mandela’s independent trustees removed from their office in these trusts in order to gain control thereof. The current application is a further step in such plan.
“It is clear from the background that Mr Ayob has always resisted the immediate and complete implementation of the wishes of Mr Mandela.
“He actively took steps to subvert those wishes and behaved in a manner which was improper.
“He is a guiding hand behind this application.
“Given his role in this application, the opposing respondents (Chuene, Bizos and Sexwale) will pursue a special costs order against him, in the event the application is dismissed,” Chuene said.
In his 46-page affidavit, he gave a detailed account of how Ayob allegedly failed to comply with the court order.
He also stated that a financial audit of Harmonieux and Magnifique Investment Holdings began only in March this year – nine years later.
It is not known what Mandela is worth.
Chuene is adamant that Ayob was behind the court application by Makaziwe and Zenani.
“Makaziwe and Zenani’s belated attempt to support Mr Ayob’s opposition to the interdict application forms part of the ulterior purpose of unlawfully securing control of the Mandela Trust and its subsidiary companies in order to circumvent the refusal by the independent trustees to effect a general distribution of the assets of the trust,” Chuene said.
Nelson Mandela’s lawyer Bally Chuene is arguing that:
* Ayob must pay for the costs of the court application for his complicity in deliberately deviating from Mandela’s wishes.
* Ayob has been complicit in the clandestine appointment of Makaziwe and Zenani as trustees and directors.
* He was complicit in drafting the amendment to the trust deed.
* He is behind misleading correspondence and attempts to assist Makaziwe and Zenani to improperly gain control of the trust.
* He lacks independence in his attempts to assist Makaziwe and Zenani in matters in which he is interested as a witness and litigant.
Ayob said he would file answering affidavits at court.
Source: The Star
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