Judgment reserved in Mandela auction: Makaziwe says items belong to her

The North Gauteng High Court has reserved judgment in an application for leave to appeal in the matter concerning the auctioning of Nelson Mandela’s personal items in America.

Makaziwe vs SAHRA

The court sat on Wednesday to hear the matter into the controversial auction of Mandela’s belongings which has sparked local and international interest.

ALSO READ: Auction of Nelson Mandela’s possessions suspended

These court proceedings are a stumbling block to at least 70 of Mandela’s personal items being sold on auction in New York.  

Lawyers representing Mandela’s daughter, Makaziwe Mandela, and Mandela’s former prison guard Christo Brand argued that the items were not of national importance and could be auctioned.

On the other hand, lawyers for the Department of Sports Arts and Culture, South African Heritage Resources Agency (SAHRA) and the Robben Island Foundation argued that the items should have been cleared by SAHRA to ensure that Madiba’s precious heritage is not lost.

The respondents tried to downplay the importance of the key to Mandela’s prison cell but lawyers for SAHRA indicated that the fact the items were being sold on auction as items of historic significance meant that the items were of national value.

“There isn’t any factual basis to suggest that either of those objects, a broken key which did not open Nelson Mandela’s door [which] was possibly a forgery, could possibly be regarded as a heritage,” a lawyer for the respondents said.

ALSO READ: ‘Robbing the children of SA’ – Mandela’s grandson slams ‘disgraceful’ auction

According to Makaziwe’s lawyers, the former president’s daughter had the right to place the items on auction because they were given to her. Another reason was that she wanted to open a legacy museum in memory of her father.

SAHRA said the items should have been studied before being sent to New York for auction.

Judge Selby Baqwa reserved the judgment.

“I thank counsel for the heads which have been of great assistance in preparation to hear the application. Judgment is reserved and will be handed down in due course,” Baqwa said.

Commenting on the matter, SAHRA spokesperson Ben Maswinga said he believed they had put forward a good argument.

Madiba’s personal items were due to be sold on 22 February. The auction was suspended after an agreement by Makaziwe, the auction house and SAHRA. Among the items to be sold is Madiba’s ID book, glasses, prison key and ear pieces.

Interdict overturned

Late last year, the Gauteng High Court in Pretoria overturned an interdict sought by SAHRA against Makaziwe.

Makaziwe argued that the items were not heritage objects, and the court dismissed SAHRA’s application for an interdict, saying there was little evidence to support the allegation the items were heritage objects as envisaged in the Heritage Act.