The Supreme Court of Appeal (SCA) has dismissed an attempt by the South African Heritage Resources Agency (Sahra) to stop the sale and export of items linked to Nelson Mandela.

The ruling clears the way for an auction involving 70 personal objects connected to Mandela, including a Robben Island cell key, Aviator sunglasses and one of his floral shirts.

The items are linked to Mandela’s eldest daughter, Dr Makaziwe Mandela and Christo Brand, a former Robben Island warder who worked on the island during Mandela’s imprisonment.

What is in the Collection

The lot includes a copy of the 1996 South African Constitution signed by Mandela, one of his charcoal drawings, an ID card and a tennis racquet he used on Robben Island.

It also includes gifts from world leaders, including a gift from former US President Barack Obama and his wife, Michelle.

The items were expected to be exported to the United States for auction.

Why Sahra Tried to Stop the Sale

Sahra argued the objects form part of South Africa’s national heritage and should be legally protected from export.

The agency first became aware of the potential sale after a late 2021 newspaper report flagged the planned auction and a high estimated value for the key.

Sahra then contacted the auction house to ask that the sale be suspended and the items returned to South Africa.

What the Appeal Court Said

In its ruling, the Supreme Court of Appeal said Sahra’s reading of the National Heritage Resources Act was too broad.

The court also found that Sahra did not properly explain the grounds on which it believed the items qualified as protected heritage objects, despite detailed explanations from the owners on why they believed the assets did not meet that definition.

It is not yet clear if authorities will try other legal options to block the sale.

Mandela Family Response

Dr Makaziwe Mandela welcomed the judgment and said the family is committed to protecting Mandela’s legacy. She also accused Sahra of acting as if it understood Mandela’s final wishes better than his family.

She said the proceeds were intended to help build a memorial garden at Mandela’s grave in Qunu in the Eastern Cape, but added that no final decision has been made on what will happen to the items.