/ 9 July 1999

Madiba’s signature `used fraudulently’

A top official at the University of the North has been accused by a commission of inquiry of forging former state president Nelson Mandela’s signature on a fundraising letter to raise more than R600-million.
Documents that form part of the findings of a commission appointed by the university to probe irregularities show that John Wiltshire, the university’s head of development and public affairs, used Mandela’s signature without authorisation.
Mandela’s representative Parks Mankahlana said this week the former president “does not remember” signing the fundraising letter.

But Wiltshire insisted he did. “When president Mandela visited the campus in his capacity as chancellor … in his meetings with council and management [he] readily agreed to sign the letter which had been sent to his office,” said Wiltshire.
The letter, which is in the possession of the Mail & Guardian, appeals “for funding in a campaign to raise R672-million required by the University of the North to overcome the backlog it inherited from the previous political dispensation. Contributions collected will go into the fund known as Chancellor Nelson Mandela Fund”.

The commission of inquiry, chaired by attorney Phineus Mojapelo, found that: “The letter is reproduced electronically with the signature of the chancellor [Mandela] thereon appearing in an original form. It is then addressed to a particular funder and dated, without having to seek the signature or approval of the president thereon. It has apparently been reproduced and sent out several times.”
Mankahlana said the university did not have the right to reproduce Mandela’s signature.
University of the North head of finance Herman du Toit said he was not informed about the fund. He said the finance department had never received money collected by the fund, and then refused to answer any further questions.

The M&G asked Wiltshire how much money had been collected by the fund and to provide financial records. However, he only answered questions relating to Mandela’s signature.

He also threatened to sue the M&G when approached to provide comment on behalf of the university.
University council chair Benny Boshielo says the council is not aware of cash donated to this fund nor the university benefiting from it.

“We have handed this matter to Judge Willem Heath’s special investigating unit. We have indicated to the unit that this matter has to be prioritised.”
Heath’s unit is investigating other irregularities on the campus.
Another foundation – the Nelson Mandela UNIN Foundation – has also been targeted by the unit. Although the foundation uses university resources its founding documents do not specify that it should raise funds for the university.
Wiltshire is a founding director of the foundation, established in 1997. It has three directors and is registered in New York as a corporation not for profit. The other two directors are Richard H King and Vandara Chak, who are based in the United States.
Its founding documents read: “The Nelson Mandela UNIN Foundation provides charitable assistance to encourage, assist and support professional, technical, scientific, educational and social development in the Northern Province of South Africa and its surrounding regions. [It] raises funds for infrastructure development of educational institutions, libraries, research, training and all activities connected with the above charitable purposes. [It] assists in developing economic, educational and social opportunities to benefit the people of the region.”

After analysing the founding documents, Mojapelo’s commission found: “Like any other institution in the Northern Province, the University of the North may benefit based on the goodwill, discretion and decisions of the board of directors of the corporation.”
When asked why there is no mention of the university in the founding documents of the foundation, Wiltshire said: “According to our reading of the Certificate of Incorporation it states quite clearly that it is for The Nelson Mandela UNIN Foundation. Perhaps they do not understand that UNIN stands for the University of the North.”

Wiltshire confirmed he had traveled to the US on foundation business using university funds.

But documents that form part of the commission of inquiry’s findings conclude that Wiltshire, “who facilitated the registration of the corporation, failed to protect the interests of the University of the North in setting up the corporation”.