[MSN] Nelson Mandela's artwork has been flogged for up to R200 000 a piece, despite an ongoing legal battle and dogged controversy over the authenticity of the works and the beneficiaries of the sales.

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 Mandela artwork saga continues

Nelson Mandela's artwork has been flogged for up to R200 000 a piece, despite an ongoing legal battle and dogged controversy over the authenticity of the works and the beneficiaries of the sales.

Two galleries with online Mandela Art catalogues - one Australian and one South African - said this week they would suspend sales, as requested by Mandela, until the legal wrangle is resolved.

Mandela's attorneys earlier advised various galleries they were "still vigorously championing" the legal action taken in 2005 against Ismail Ayob, Mandela's one-time lawyer and close friend, and the art's original publisher, Ross Calder.

At the time, the Johannesburg High Court interdicted the pair and five companies from marketing, selling or offering for sale any works or merchandise involving Mandela's name.

It also interdicted them making statements claiming that sales had been authorised by Mandela or that charities associated with him would benefit.

The court order was granted pending the outcome of further relief sought by Mandela in his application to have the interim interdict made permanent.

He also demanded a full account of all works linked to his name or reputation, and also the details of galleries or anyone else involved.

No action had been taken against the galleries but it was Mandela's wish that no artwork associated with him be sold, marketed or distributed until the legal action was resolved, said Mandela's lawyer Bally Chuene.

The Sydney-based Touch Galleries and the Mark Galleries in Durban decided this week to abide by Mandela's request, "out of respect for Mandela".

Neither of the galleries or their owners were named in the interdict. Both have websites with lists of Mandela works for sale at top prices.

Chuene pointed out that Touch Galleries' owner, Richard Lubner, had stated in a court affidavit filed last year that he had received the "Mandela art" on consignment from Calder and his companies.

"It follows therefore that Mr Lubner and other galleries who received the artwork on the same basis are selling on behalf of persons who were prohibited from doing so by the court interdict."

The two galleries disputed this, saying they were not party to the litigation or court order and that the art had been bought from Calder in 2002 and 2003 and from original buyers.

"Certain art was purchased from Mr Calder on consignment, but which is not for sale as it is subject to the court interdict."

Mandela had confirmed signing original artworks and "large quantities" of lithographs, they added.

Despite numerous sales, however, the exact number of works signed by Mandela was unknown: "The galleries have no knowledge of the exact number of lithographs signed by Mandela."

Rumblings of threats of litigation and controversy followed Mandela's initial endorsement of the series based on his Robben Island incarceration. The statesman subsequently refused to continue signing the works, but evidence put before court suggested his signature was "mechanically reproduced" thereafter.

The galleries halted trade after the 2005 interdict until a South African forensic examiner reported no forgeries among lithographs he examined. This contradicted an Australian handwriting expert who claimed some of the signatures were tracings.

The galleries sold "thousands of lithographs" since September 2002, and from January last year had continued to deal in the artworks worldwide with the knowledge of Mandela's legal representatives.

The controversy was recently reported in the United States, after Touch Galleries lent 17 works to the J Alexander gallery in San Diego, California.

Chuene said no charities directly linked to Mandela had benefited from sales, despite "incorrect" advertising stating that organisations associated with him had benefited from the proceeds.

    * This article was originally published on page 5 of The Star on November 10, 2007

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