Abstract

Addressing the illicit trade in stolen works of art and other heritage items is notoriously difficult. Before thefts of heritage items can be recorded, the object in question must be identified as having special significance. The investigation of the circumstances in which such an object was acquired and the enforcement of legal and ethical standards of acquisition become unduly complicated in the absence of a comprehensive national inventory of museum holdings and of a database of stolen art and cultural objects. This article considers the development of inventories and databases in South Africa and elsewhere. We argue that cross-sectoral cooperation in sharing databases needs to improve significantly in order to boost compliance with due diligence standards. To help restore the credibility of the trade in art and cultural objects, the South African Heritage Resources Information System site must be endorsed as the centralised database for heritage crime. This would provide ready access to databases, helping art market participants, law enforcement officers and customs officials in the investigation of stolen art works.

Highlights

  • It is not just about the monetary losses resulting from thefts from museums and public collections

  • We argue that cross-sectoral cooperation in sharing databases needs to improve significantly in order to boost compliance with due diligence standards

  • To help restore the credibility of the trade in art and cultural objects, the South African Heritage Resources Information System site must be endorsed as the centralised database for heritage crime

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Summary

Scoping the problem

It is difficult to quantify thefts from cultural institutions and public collections in South Africa. The annual crime statistics of the South African Police Service (SAPS) do not reflect art and heritage crime Such thefts are reported as thefts of household items.[16] there are few tools to assess the authenticity of items offered for sale. Results show that objects on open display are most often stolen during the day, and in open hours.[20] In November 2012, five paintings worth approximately R17.3 million were stolen from the Pretoria Art Museum.[21] While four were recovered, ‘Street Scene’ by Gerard Sekoto remains missing. Such incidents are not confined to Gauteng.

Provenance and auction house practice
The South African legal position
Progress achieved elsewhere
Moving towards database due diligence
Findings
Conclusion
Full Text
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