Ismail Ayob
Encyclopedia
Ismail Mahomed Ayob is a South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

n lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

. Ayob practiced law in South Africa and for much of his career; the bulk of his work was with anti-apartheid cases. Ayob was involved in a much-publicised series of disputes with Nelson Mandela.

Personal life

Born in Mafeking, Ayob attended the Methodist Coloured School until the age of 14, when was sent to Pretoria
Pretoria
Pretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is...

 to continue his schooling at the Pretoria Indian Boys High School, as schools in his area were closed to him because of his race. He is married to Zamila Ayob and they have one son, Zayd Ismail Ayob, who is also his law partner.

Due to his Indian
Asians in South Africa
The majority of the Asian South African population is Indian in origin, most of them descended from indentured workers transported to work in the 19th century on the sugar plantations of the eastern coastal area, then known as Natal. They are largely English speaking, although many also retain the...

 heritage, Ayob found that he could not attend university after he completed high school in 1959. He moved to London, where he attended the London School of Economics
London School of Economics
The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...

, where he read law. He qualified as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 and returned to South Africa to practice as an attorney.

Career

Ayob's cousin Ismail Mohammed, who was later Chief Justice of South Africa
Chief Justice of South Africa
The Chief Justice of South Africa is the head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts...

, helped get Ayob his first job in 1969 at a firm involved in anti-apartheid cases. In 1973, he left the firm to start his own company called Ismail Ayob & Associates.

Apartheid era lawyer

For the first twenty years of his career, Ayob concentrated on human rights cases, acting for opponents of the apartheid regime. Ayob defended and represented many South African political prisoners. Ayob was one of the few people who were allowed to visit Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...

 while he was imprisoned on Robben Island
Robben Island
Robben Island is an island in Table Bay, 6.9 km west of the coast of Bloubergstrand, Cape Town, South Africa. The name is Dutch for "seal island". Robben Island is roughly oval in shape, 3.3 km long north-south, and 1.9 km wide, with an area of 5.07 km². It is flat and only a...

. His most high profile case was that of Helene Passtoor, a Belgian woman accused of ferrying arms for the then-banned African National Congress
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...

. Another high profile client of Ayob's was Winnie Mandela, who he represented during the Stompie Moeketsi
Stompie Moeketsi
James Seipei , also known as Stompie Moeketsi, was a teenage African National Congress activist from Parys in South Africa...

 kidnapping trial.

Post-apartheid

Following the end of apartheid, Ayob was elected as the first chairperson of the Gauteng Law Society and was re-elected for five successive years. During this time he was also elected as a council member of the Law Society of the Transvaal. As of 2007, he resides and practices law as an attorney in private practice in Johannesburg
Johannesburg
Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...

, South Africa.

Nelson Mandela lawsuit

Ismail Ayob was asked by Nelson Mandela in May 2005 to stop selling certain prints signed by Mr Mandela and also to account for the proceeds of the sales of these prints in a prominently publicised application to the High Court of South Africa.

Mr Ayob responded that he never sold any prints but had acted only in a professional capacity as Attorney and agent for Mr Mandela and his family. Under oath he said that he had never sold any prints nor was he a partner of anyone selling prints. In terms of the written contracts, Ayob was to receive royalties due to the Mandela family. These royalties were received from time to time and were held in the Mandela company accounts under his control; he gave a full accounting with an explanation.

Mr Ayob denied any wrongdoing, and declared that he was the victim of a smear campaign orchestrated by Mr Mandela's advisors, in particular lawyer George Bizos
George Bizos
George Bizos is a distinguished human rights advocate who campaigned against apartheid in South Africa, most notably during the Rivonia Trial.-Early life:...

. One particular issue was the drawing up of a last will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...

 for Mr Mandela. Nelson Mandela stated under oath that despite many requests, Ismail Ayob refused to draw up a Will. In his answer Ismail Ayob enclosed copies of five different Wills signed by Nelson Mandela over a period of years. These were produced as annexures to Ismail Ayob's answering affidavit.

After a difference of opinion with Mr Mandela, Ismail Ayob, Zamila Ayob, and Zayd Ismail Ayob were subject to an attack by Mr Mandela’s advisors. This campaign was driven through the media by page-one headlines and lead stories on radio and television. Six weeks later, proceedings were launched by Mr Mandela. His new advisors supported the application by way of supporting affidavits. Major clients, religious bodies, Mosques, the Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...

, cultural bodies, community associations, and the South African Revenue Service
South African Revenue Service
The South African Revenue Service is the revenue service of the South African government. It was established by legislation to collect revenue and ensure compliance with tax law...

 authorities were all contacted and attempts were made to vilify Ismail Ayob and his family. There were public meetings held in Pretoria and Durban. At these meetings, the Minister Essop Pahad
Essop Pahad
Essop Goolam Pahad is a South African politician. He was Minister in the Presidency from 1999 to September 2008.-Early life:...

 in the office of the South African President Thabo Mbeki
Thabo Mbeki
Thabo Mvuyelwa Mbeki is a South African politician who served two terms as the second post-apartheid President of South Africa from 14 June 1999 to 24 September 2008. He is also the brother of Moeletsi Mbeki...

 attacked Ismail Ayob and his entire family. He declared that it was an issue of guilt or innocence. Ahmed Kathrada, at a meeting he addressed in Laudium, called on Ismail Ayob to “surrender”. Ahmed Docrat called Ismail Ayob a “crook” at the same meeting. There were calls for Ismail Ayob and his family to be ostracized by society and to be expelled from Mosques and community and charitable organizations and that there be protest marches and paid newspaper advertisements signed by supporters of Mr Mandela.

In terms of the High Court rules, Mr Mandela and his new advisors were required to reply within two weeks of the answer of Ismail Ayob and Zamila Ayob. Some 20 months later, no reply had been made.

2007 court action

Ismail Ayob, George Bizos and Wim Trengrove were trustees of the Nelson Mandela Trust. The Trust was set up to hold money donated to Nelson Mandela. Ismail Ayob resigned from the Trust. In 2006, the two remaining trustees of the Nelson Mandela Trust launched an application against Mr Ayob for disbursing money in terms of the trust deed without their express consent. Mr Ayob explained these disbursements included money that was paid to the South African Revenue Service
South African Revenue Service
The South African Revenue Service is the revenue service of the South African government. It was established by legislation to collect revenue and ensure compliance with tax law...

, to the children and grandchildren of Nelson Mandela, to Nelson Mandela himself, and to an accounting company for four years of accounting work.

It was alleged that Ismail Ayob made defamatory remarks about Nelson Mandela in his affidavit, for which the court order stated that Ismail Ayob should apologise. These alleged that Nelson Mandela had foreign bank accounts and had not paid tax on these were later pointed out to have originated not from Ismail Ayob's affidavit but from Nelson Mandela's, George Bizos', and Iqbal Meer's affidavits against Ismail Ayob.
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