Ismail Ayob
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Ismail Mahomed Ayob (born 1942 in
Mafeking Mahikeng (Tswana for "Place of Rocks"), formerly known as Mafikeng and alternatively known as Mafeking (, ), is the capital city of the North West province of South Africa. Close to South Africa's border with Botswana, Mafikeng is northeast o ...
) is a
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
n lawyer. Ayob practised law in South Africa and for much of his career the bulk of his work was with anti-
apartheid Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
cases. Ayob was involved in a much-publicised series of disputes with
Nelson Mandela Nelson Rolihlahla Mandela ( , ; born Rolihlahla Mandela; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist and politician who served as the first president of South Africa f ...
.


Career

Ayob's cousin
Ismail Mahomed Ismail Mahomed SCOB SC (5 July 1931 – 17 June 2000) was a South African lawyer and jurist who served as the first non-white Chief Justice of South Africa from January 1997 until his death in June 2000. He was also the Chief Justice of Na ...
, who was later
Chief Justice of South Africa The chief justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts. The position of chief justic ...
, helped Ayob secure his first job in 1969 at a firm involved in cases related to the anti-apartheid movement. In 1973, he left the firm to start his own company by the name of ''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 Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
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 Rolihlahla Mandela ( , ; born Rolihlahla Mandela; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist and politician who served as the first president of South Africa f ...
while he was imprisoned on
Robben Island Robben Island () is an island in Table Bay, 6.9 kilometres (4.3 mi) west of the coast of Bloubergstrand, north of Cape Town, South Africa. It takes its name from the Dutch language, Dutch word for seals (''robben''), hence the Dutch/Afrika ...
. His most high-profile case was that of Hélène Passtoors, a Belgian woman accused of ferrying arms for the then-banned
African National Congress The African National Congress (ANC) is a political party in South Africa. It originated as a liberation movement known for its opposition to apartheid and has governed the country since 1994, when the 1994 South African general election, fir ...
. Another high-profile client of Ayob's was
Winnie Mandela Winnie Nomzamo Madikizela-Mandela (born Nomzamo Winifred Zanyiwe Madikizela; 26 September 1936 – 2 April 2018), also known as Winnie Mandela, was a South African politician and anti-apartheid activist, second wife of Nelson Mandela. During ...
, who he represented during the
Stompie Moeketsi James Seipei (1974 – 1 January 1989), also known as Stompie Moeketsi or Stompie Sepei, was a teenage United Democratic Front (South Africa), United Democratic Front (UDF) activist from Parys, Parys, South Africa. He and three other boys wer ...
kidnapping trial.


Nelson Mandela lawsuit

Ayob was asked by Nelson Mandela in May 2005 to stop selling certain prints signed by 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. Ayob responded that he never sold any prints but had acted only in a professional capacity as attorney and agent for 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. Ayob denied any wrongdoing, and declared that he was the victim of a smear campaign orchestrated by Mandela's advisors, in particular lawyer
George Bizos George Bizos (; 14 November 19279 September 2020) was a Greek-South African human rights lawyer who campaigned against apartheid in South Africa. He was noted for representing Nelson Mandela during the Rivonia Trial. He instructed Mandela to ad ...
. One particular issue was the drawing up of a last
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
for Mandela. Nelson Mandela stated under oath that despite many requests, Ayob refused to draw up a will. In his answer Ayob enclosed copies of five different wills signed by Mandela over a period of years. These were produced as annexures to 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 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 Mandela. His new advisors supported the application by way of supporting affidavits. Major clients, religious bodies, mosques, the Law Society, cultural bodies, community associations, and the
South African Revenue Service The South African Revenue Service (SARS) is the revenue service of the South African government. It administers the country's tax system and customs service, and enforces compliance with related legislation. It is governed by the SARS Act 34 of ...
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 Goolam Pahad (21 June 1939 – 6 July 2023) was a South African politician. He served as the Minister in the Presidency from 1999 to 2008, and was a close ally of Thabo Mbeki. Early life Pahad was born in Schweizer-Reneke in what was then ...
in the office of the South African President
Thabo Mbeki Thabo Mvuyelwa Mbeki (; born 18 June 1942) is a South African politician who served as the 2nd democratic president of South Africa from 14 June 1999 to 24 September 2008, when he resigned at the request of his party, the African National Cong ...
attacked Ayob and his entire family. He declared that it was an issue of guilt or innocence.
Ahmed Kathrada Ahmed Mohamed Kathrada OMSG (21 August 1929 – 28 March 2017), sometimes known by the nickname "Kathy", was a South African politician and anti-apartheid activist. Kathrada's involvement in the anti-apartheid activities of the African Natio ...
, at a meeting he addressed in Laudium, called on Ayob to "surrender". Ahmed Docrat called Ayob a "crook" at the same meeting. There were calls for Ayob and his family to be ostracised by society and to be expelled from mosques and community and charitable organisations, and that there be protest marches and paid newspaper advertisements signed by supporters of Mandela. In terms of the High Court rules, 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. Ayob resigned from the Trust. In 2006, the two remaining trustees of the Nelson Mandela Trust launched an application against Ayob for disbursing money in terms of the trust deed without their express consent. Ayob explained these disbursements included money that was paid to the
South African Revenue Service The South African Revenue Service (SARS) is the revenue service of the South African government. It administers the country's tax system and customs service, and enforces compliance with related legislation. It is governed by the SARS Act 34 of ...
, to the children and grandchildren of Mandela, Mandela himself, and to an accounting company for four years of accounting work. It was alleged that Ayob made defamatory remarks about Mandela in his affidavit, for which the court order stated that Ayob should apologise. These alleged that Mandela had foreign bank accounts and had not paid tax on these were later pointed out to have originated not from Ayob's affidavit but from Mandela's, George Bizos', and Iqbal Meer's affidavits against Ayob.


Personal life

Ayob attended the Methodist Coloured School until the age of 14, when he was sent to
Pretoria Pretoria ( ; ) is the Capital of South Africa, administrative capital of South Africa, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to the country. Pretoria strad ...
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 Indian or Indians may refer to: Associated with India * of or related to India ** Indian people ** Indian diaspora ** Languages of India ** Indian English, a dialect of the English language ** Indian cuisine Associated with indigenous peoples o ...
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 The London School of Economics and Political Science (LSE), established in 1895, is a public research university in London, England, and a member institution of the University of London. The school specialises in the social sciences. Founded ...
and read law. He qualified as a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
and returned to South Africa to practice as an attorney.


References

{{DEFAULTSORT:Ayob, Ismail 1942 births Living people Alumni of the London School of Economics People from Mahikeng 20th-century South African lawyers 21st-century South African lawyers South African people of Indian descent