A South African court has ruled in favor of Nelson Mandela’s daughter, allowing her to sell and export personal items once linked to the late anti-apartheid leader. The decision dismissed an appeal from the country’s heritage agency, which had tried to block the sale.
The collection includes around 70 pieces, among them a key to Mandela’s Robben Island prison cell, the sunglasses he often wore, and one of his distinctive floral shirts. The items were scheduled for auction in the United States.
Ownership of the artefacts belongs to Mandela’s eldest daughter, Makaziwe Mandela, and Christo Brand, a former warden at Robben Island during Mandela’s imprisonment. Authorities had argued that the items formed part of South Africa’s national heritage and should not leave the country.
The South African Heritage Resources Agency learned of the planned sale from a newspaper report in the UK in late 2021, which suggested the prison key could fetch more than £1 million. The agency contacted the US auction house, Guernsey, asking it to pause the sale and return the objects to South Africa.
Other items included in the auction are a copy of the 1996 South African Constitution signed by Mandela, a charcoal drawing by him, his identity card, a tennis racquet used on Robben Island, and gifts from world leaders, including former US President Barack Obama and Michelle Obama.
Makaziwe has stated that proceeds from the auction would go towards creating a memorial garden at Mandela’s grave in Qunu, Eastern Cape.
The Supreme Court of Appeal found that the heritage agency’s reading of the National Heritage Resources Act was too expansive. Judges said Makaziwe and Brand had sufficiently explained why the items did not qualify as protected heritage objects, while the agency offered no clear basis for its claim.
It is not yet known whether the authorities will pursue further legal action to block the sale. The Ministry of Sport, Arts and Culture has been contacted for comment.
Makaziwe praised the court’s ruling and criticized the heritage agency for presuming to know her father’s wishes better than his family. “Nobody is more invested in ensuring Tata's [Mandela's] legacy endures in the way he would want to be remembered than those who carry his name,” she said. She also confirmed no final decisions have been made regarding the auctioned items.
The case has sparked debate in South Africa. Some argue that items connected to Mandela should remain in the country for future generations, while others insist the family should have the right to decide their fate.
Mandela, who passed away in 2013 at 95, led the African National Congress in its fight against apartheid. He was released from prison in 1990, received the Nobel Peace Prize in 1993 alongside then-President FW de Klerk, and became South Africa’s first democratically elected president in 1994.
