The Supreme Court of Appeal (SCA) has rejected the South African Heritage Resources Agency’s (SAHRA) attempt to challenge a Gauteng High Court ruling that blocked its bid to prevent the sale of assets connected to the late former President Nelson Mandela.

The items, which are privately owned by Dr Makaziwe Mandela and Christo Brand, include a broken key and a copy of the 1996 Constitution signed by Mandela.

SAHRA argued that these objects should be considered heritage resources under the National Heritage Resources Act, meaning their sale would require the agency’s approval. The SCA, however, found that the agency had not provided sufficient evidence to support this claim.

In its judgment, the court noted that SAHRA’s arguments were largely speculative and fell short of the standard required for such serious litigation. The appeal was dismissed with costs.

The ruling clarifies that private ownership of items of historical significance does not automatically subject them to heritage legislation. The court pointed out that agencies must provide concrete legal grounds when seeking to restrict the sale of privately owned objects.

–ChannelAfrica–