SCA dismisses SAHRA’s bid to halt auction of Mandela’s assets

The Supreme Court of Appeal has dismissed with costs the South African Heritage Resources Agency’s (SAHRA) bid to appeal the North Gauteng High Court judgment, that refused to grant SAHRA’s bid to block the sale of assets that are associated with the late former president Nelson Mandela, owned by Dr Makaziwe Mandela and Christo Brand.

The issue raised in the appeal is whether the assets privately owned by the pair are heritage resources as contemplated in the National Heritage Resources Act.

The South African Heritage Resources Agency contended that the various assets, which include a broken key and a copy of the 1996 Constitution signed by former president, are heritage objects.

The appellate court, however, concluded that the agency failed to establish this claim and left only speculative arguments as to what might be the basis for its application which the court says is not how litigation of this serious nature should be conducted.