The controversial auction of items belonging to former president Nelson Mandela has been suspended pending a court appeal by the South African Heritage Resource Agency (SAHRA).
The items, which include the former statesmen identity document, a key to his cell at Robben Island, a pair of reading glasses, hearing aid, a pair of worn shoes and other personal items, were scheduled to be auctioned on 22 February 2024 in New York, USA, by Guernsey’s Auction House.
SAHRA, which coordinates the identification and management of national heritage, interdicted the auction pending the outcome of an appeal case launched by the agency.
This after the Pretoria High Court dismissed an initial interdict by the agency to stop the auction in December 2023, after the court ruled that the agency’s regulations were too broad.
The items were being auctioned by Mandela’s oldest daughter, Dr Makaziwe Mandela, and the proceeds were expected to fund the creation of the Mandela Memorial Garden around Madiba’s grave in Qunu, Eastern Cape, his birthplace.
SAHRA was welcomed the suspension of the auction.
“I can confirm that we did receive formal communication from Guernsey Auction house that they will be suspending the auction of these items, on 22 February 2024.
So, at this point in time, that auction is no longer taking place.
This was based on SAHRA’s request to halt the auction, pending the outcome of the judgment on whether we’ll be granted the order to appeal the first ruling,” said SAHRA’s Senior Manager Heritage Conservation Management Ben Mwasinga, who was speaking on YouFM Newshour current affairs programme.
He said there’s been some deliberations behind the scenes and their confident that Guernsey will not go ahead with the auction and respect the country’s laws, which states that “if you lodge an application for leave to appeal it suspends the previous judgment for that period of time.”
Mwasinga warned that the people who would buy the items pending the court judgment, would also find themselves in trouble with the law.
“It would have been irresponsible for the auction house to continue with the auction, once they were aware that we’re appealing the decision.
But it would also have placed those individuals who intended on purchasing those items at great risk as well, because should the court require that those items be returned to South Africa, they’ll be in violation not only of South African law but also potentially international law under the United Nations,” explained Mwasinga.
He dismissed reports that SAHRA was negligent by failing monitor that the items are items are exported out of the country, and only want them returned on the 11th hour.
“We didn’t allow it to happen, and this is actually the main reason why we’re going to court.
If you’re in possession of such items, meaning that items that relate to a former head of state in South Africa, those items are protected under South African law.
Therefore, you need to approach SAHRA before you export these items, for a permit,” said Mwasinga.
He insisted that the items were not exported without the agency’s knowledge and when they became aware that they had left our shores and of the similar auction in 2022, they then launched an application with the courts for the items to be returned.
The agency has not ruled out taking legal action against those who exported the items if the court rule in their favour.
It said the safeguarding of the items during transportation is unknown, and this might have compromised them.
“There’s a risk when you export items without following due process, SAHRA must provide specifications of how to contain these items once their travelling on ship or in an aeroplane.
They’re quite sensitive resources, so yes there’s a risk in that, but we’re certain that the items will not go on sale, pending the outcome of the court case,” said Mwasinga.
He said they have not yet received support from some of the Mandela family member regarding the court action.
“The Nelson Mandela Foundation have written an article stating that they want those items returned, basically supporting our cause,
We’ve also received supported by Robben Island Museum, Department of Sport, Arts and Culture, we’ve also received support from Freedom Park Museum, as well as the United Nations Educational, Scientific, and Cultural Organisation (UNESCO).
So, at the highest level of international law, we’re also getting support from the United Nations,” added Mwasinga.
Meanwhile, the Sport, Arts and Culture Minister Zizi Kodwa has welcomed the suspension of the auction.
“I reiterate the importance of preserving and protecting the legacy of former President Nelson Mandela and South Africa’s rich cultural heritage. Our cultural heritage defines who we are and maintains the knowledge and memory of where we come from as a nation,” stressed Kodwa.
