A South African appeals court has ruled against a government heritage agency’s attempt to prevent the sale and overseas export of dozens of personal items once belonging to Nelson Mandela, dealing a blow to efforts to classify the objects as protected national heritage.
As reported by the BBC, the Supreme Court of Appeal dismissed an application by the South African Heritage Resources Agency (SAHRA), which had sought to block the auction of about 70 artifacts tied to the anti-apartheid icon. The collection includes a prison cell key from Robben Island, where Mandela spent 18 of his 27 years behind bars, along with personal effects such as a tennis racket, aviator sunglasses, and one of his distinctive patterned shirts.
The items are jointly owned by Mandela’s eldest daughter, Makaziwe Mandela, and Christo Brand, a former Robben Island prison warden who worked closely with Mandela during his incarceration. They were initially slated to be auctioned in the United States.
SAHRA argued that the objects formed part of South Africa’s cultural heritage and were therefore protected from being sold or removed from the country under the National Heritage Resources Act. The agency became aware of the planned sale after a British newspaper reported in late 2021 that the prison key alone could fetch more than $1.35 million.
Following that report, SAHRA
contacted the U.S.-based auction house Guernsey, requesting that the sale be halted and the items returned to South Africa. The broader collection also includes a copy of the 1996 South African Constitution signed by Mandela, one of his charcoal sketches, his identification card, gifts from international leaders, and memorabilia from his time on Robben Island.Makaziwe Mandela has said she intended to use funds raised from the auction to create a memorial garden at her father’s gravesite in Qunu, in South Africa’s Eastern Cape.
In its ruling, the appeals court found that SAHRA’s reading of the heritage law was “overly broad.” The judges noted that while Makaziwe Mandela and Brand had provided detailed explanations for why their possessions should not be classified as heritage objects, the agency “made no attempt” to clearly justify its position.
Makaziwe Mandela welcomed the judgment, criticizing the agency for presuming “to know my father’s last wishes better than those who were beside him at the end — his family.” She added, “Nobody is more invested in ensuring Tata’s legacy endures in the way he would want to be remembered than those who carry his name.”
She said no final decision has yet been made about whether the items will still go to auction.
The ruling has reignited debate in South Africa, with some arguing that artifacts linked to Mandela should remain in the country for public preservation, while others maintain that his family has the right to decide their fate.
Mandela, who died in 2013 at age 95, led the African National Congress in the struggle against apartheid, was released from prison in 1990, and became South Africa’s first democratically elected president in 1994 after winning the Nobel Peace Prize the year before.
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