South Africa's Supreme Court of Appeal has rejected an attempt by the South African Heritage Resources Agency (SAHRA) to ban the sale and export of items linked to Nelson Mandela.
The court ruled that the Sahra, the authority in charge of the country's heritage, had no legal basis to block this sale. Around 70 items are affected and were to be exported to the United States for sale at auction.
These include personal effects such asa cell key from Robben Island, where Mandela spent 18 years in prison, a pair of sunglasses and one of his floral shirts. Other items on sale include a signed copy of the 1996 South African Constitution, a tennis racket used by Mandela during his imprisonment, drawings, identity documents and gifts from world leaders, including former US President Barack Obama and his wife Michelle.
These items currently belong to Mandela's eldest daughter, Makaziwe Mandela, and Christo Brand, a former Robben Island prison guard who later befriended Mandela.
The SAHRA argued that these objects were part of South Africa's national heritage and should not be sold or taken out of the country. The agency said it learned of the auction planned for 2021 through a newspaper article and then contacted the US auction house to have the sale canceled.
But the court found that the SAHRA had interpreted the heritage law too broadly. The judges said the agency had not clearly explained why these objects should be legally classified as protected heritage property, while the owners had provided detailed reasons why they should not be**.**
Makaziwe Mandela welcomed this decision, claiming that the agency wrongly assumed that she understood her father's wishes better than her family. She said the family was committed to preserving Mandela's legacy**.**
She also clarified that no final decision had been made regarding the possible sale of these items. Proceeds from the sale were initially to be used to finance a memorial garden at Mandela's grave in Qunu, in South Africa's Eastern Cape province.
Nelson Mandela died in 2013 at the age of 95. He was released from prison in 1990, became South Africa's first black president in 1994 and won the Nobel Peace Prize in 1993 for his role in ending apartheid.
