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Twist in Madiba art case
24/05/2005 08:26 - (SA)
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| File photo of one of former president Nelson Mandela's works of art. (Beeld) |
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Johannesburg - The publisher at the centre of the Madiba art furore hoped to settle the matter out of court, the Cape Times website reported on Tuesday.
It quoted businessman Ross Calder as saying: "I will comply with Mr Mandela's wishes."
The art publisher said he had no intention of squaring up to former president Nelson Mandela in court in a row involving Mandela, his former lawyer Ismail Ayob, and Calder.
Mandela has asked the high court to order Calder and Ayob to refrain from selling, marketing and distributing merchandise that uses his name.
He also 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 claims he was tricked into signing a contract with Tinancier, a company 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.
Cracks in his relationship with Ayob appeared when Mandela wished to draw up a will, setting his financial affairs in order.
Blown out of proportion
Mandela says in court papers that Ayob was reluctant to draw up the will. He then turned to his friend and legal adviser, George Bizos, SC.
Calder, who tried to strike a deal with Mandela's lawyer before the case went to court, said he had spent Monday consulting his legal team.
"We've been pouring over documents, going through records and checking out figures in a bid to comply with their request," said Calder.
"I have no reason not to comply. I'm working out my response and this whole 'I'll see you in court, Madiba' thing was blown out of proportion. I will comply with Mr Mandela's wishes."
On May 12, Calder submitted his intention to oppose the action brought against him by Mandela - and had until Monday to file his answering affidavit.
He said, however, he had not yet lodged papers at the Johannesburg High Court because compiling a response would take time.
"Mandela has asked lots of questions, so we will have to supply lots of answers," he said.
It is unclear whether Ayob has filed a notice of motion to oppose at least some of the allegations that Mandela has made against him.
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