Nearly 100 items linked to former statesman Nelson Mandela are set to be auctioned on Monday to provide funds for a memorial garden in the Eastern Cape.

British auction house Guernsey's has advertised the auction for next week after the end of a legal battle cleared the way for the objects to be sold.

The Gauteng High Court in Pretoria overturned an interdict sought by the SA Heritage Resource Agency (SAHRA) against Madiba's daughter, Makaziwe Mandela, and his former prison warder Christo Brand. The two reportedly planned to sell items, including Mandela's prison key, through an international auction house.

News24 had been unable to reach Makaziwe or her lawyer at the time of publication.

In court papers, the SAHRA said it learnt of the planned sale of the items in December 2021 through a report in the British newspaper The Daily Mail. At the time, it was reported that the key to Madiba's former prison cell would be auctioned for more than £1-million (R24-million).

On auction is Madiba's "personal and only identification book", which was issued in February 1993, not long after his release from prison.

According to the auction catalogue, the document is Madiba's "first and only legitimate identification book in post-apartheid South Africa". He received a smart ID card in 2015.

Other items for sale, according to Guernsey's, include a Madiba shirt, gifts from statesmen and institutions, his eyeglasses, his walking stick, his Bible, a tea set, a bronze cast of his fist, and hearing aids.

The auction will take place online on Monday.

The SAHRA argued that 29 of the items had been declared heritage items and should not have been taken out of the country.

During the court proceedings, Makaziwe made the case that the items were not heritage objects, as claimed by the SAHRA. She asked the court to set aside the agency's decision to declare the items as heritage objects.

Brand also asked the court to dismiss the SAHRA's application.

He said the key, along with any other items he owns, would not be auctioned.

"I can't comment on the auction. His daughter inherited the items; she can do what she wants with them. I believe she wants to upgrade the gravesite. I don't want to be involved in that at all," he said.

Acting Judge Vuyani Ngalwana said the Heritage Act clearly states that not every object associated with an important and historical person can be considered a heritage object.

He found that the SAHRA failed to correctly declare the 29 objects in question as heritage objects, and turned down both the main application and the counter-application.

This essentially gives the green light for the auction to continue.

SAHRA spokesperson Ben Mwasinga said the agency acknowledged the recent court ruling on "the export of items associated with former president Nelson Mandela".

"We respect the court's decision and remain committed to upholding the principles of heritage preservation. As we assess the implications of the ruling, we are considering all available legal avenues. This is not only to assert our commitment to conserving South Africa's rich cultural heritage but also to contribute to the global discourse on responsible cultural stewardship," he said.

According to Guernsey's, the sale of the items will fund the creation of the Mandela Memorial Garden around Madiba's grave in Qunu, Eastern Cape.

News24 had also been unable to reach several other members of the Mandela family for comment at the time of publication.

The Nelson Mandela Foundation, which said it was not affiliated with the auction, said a response would be issued at a later time. The response will be added once received.