A South African court has dismissed an appeal by the country’s heritage authority seeking to block the sale and export of personal items belonging to anti-apartheid icon Nelson Mandela, clearing the way for the objects to be auctioned abroad.
The ruling by the Supreme Court of Appeal follows a legal challenge brought by the South African Heritage Resources Agency (SAHRA), which argued that the items formed part of the nation’s protected heritage and could not legally be exported.
The collection includes around 70 personal artefacts, among them a cell key from Robben Island, where Mandela spent 18 of the 27 years he was imprisoned, a pair of aviator sunglasses, one of his signature floral shirts, and a tennis racquet he used while incarcerated.
Other items listed for sale include a copy of South Africa’s 1996 Constitution personally signed by Mandela, an identification card, a charcoal drawing, and several gifts from global leaders, including former US President Barack Obama and former First Lady Michelle Obama.
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The artefacts belong to Makaziwe Mandela, the former president’s eldest daughter, and Christo Brand, a former Robben Island prison warden who worked closely with Mandela during his imprisonment. The items were expected to be exported to the United States for auction.
SAHRA said it first became aware of the planned sale after a British newspaper reported on it in late 2021, suggesting that Mandela’s prison cell key alone could fetch more than £1 million. The agency subsequently wrote to the US-based auction house, Guernsey, requesting that the sale be suspended and the artefacts returned to South Africa.
However, in its judgment, the Supreme Court of Appeal ruled that SAHRA had applied an overly broad interpretation of what qualifies as a protected heritage object under the National Heritage Resources Act.
The court noted that while Makaziwe Mandela and Christo Brand provided detailed explanations as to why the items should not be classified as heritage objects, SAHRA failed to clearly justify the legal basis for its claims.
Makaziwe Mandela welcomed the ruling, criticising the heritage authority for assuming it understood her father’s wishes better than his family.
“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.
She explained that the original intention was to use proceeds from the sale to fund the construction of a memorial garden at Mandela’s grave in Qunu, in South Africa’s Eastern Cape, though she added that no final decision had yet been made regarding the sale.
The ruling has sparked public debate, with some arguing that artefacts linked to Nelson Mandela should remain in South Africa for future generations, while others insist the family has the right to decide what happens to the items.
Mandela, who died in 2013 at the age of 95, led the African National Congress in the struggle against apartheid and became South Africa’s first democratically elected president in 1994. He was awarded the Nobel Peace Prize in 1993 alongside former president FW de Klerk.
It remains unclear whether South African authorities will pursue further legal action to prevent the sale.
