This is a brief excerpt from the document you requested from IFAR’s Art Law & Cultural Property Database.
Country Summary for SOUTH AFRICA
I. Relevant Legislation
II. Regulated Cultural Property
(XXIX) object means any movable property of cultural significance which may be protected in terms of any provisions of this Act, including--
a) any archaeological artifact [includes “rock art” older than 100 years and “wrecks” older than 60 years] ;
b) palaeontological and rare geological specimens;
c) meteorites; and
d) other objects referred to [in Section 3 of the Act including decorative and fine art and books, records, documents and photographic positives and negatives]….
(XXX) owner includes the owner’s authorized agent and any person with a real interest in the property and--
a) in the case of a place owned by the State or State-aided institutions, the Minister or any other person or body of persons responsible for the care, management or control of that place;
b) in the case of tribal trust land, the recognized traditional authority….
(NHRA - Art. 2, selected definitions)
(4) SAHRA ([South African Heritage Resources Agency] with the approval of the Minister may, by notice in the Gazette-
(a) declare an object, or a collection thereof, or a type of object or list of objects, whether specific or generic, to be a heritage object;….
(5) SAHRA may not exercise its power under subsection (4) unless-
(a) in the case of a specific object, or a collection, it has served on the owner a notice of its intention and has given him or her at least 60 days to lodge an objection or suggest reasonable conditions regarding the care and custody of such object under which such declaration is acceptable; or
(b) in the case of a type of objects, it has
(i) published a notice of provisional declaration in the Gazette
(ii) by public advertisement and any other means it considers appropriate, made known publicly the effect of the declaration and its purpose; and
(iii) invited any interested person who might be adversely affected to make submissions to or lodge objections with SAHRA within 60 days from the date of notice,
and has considered all such submissions and objections.
(7) SAHRA must maintain a register of heritage objects in which all objects, collections of objects and types of objects which have been declared heritage objects must be listed.
(NHRA – Art. 32 §§4,5,7)
III. Export Restrictions
IV. Ownership Rights and Restrictions
V. Violations, Penalties and Sanctions
VI. International Conventions and Bilateral Agreements
Click here to subscribe to IFAR's Art Law & Cultural Property Database to access this and other documents about U.S. and international legislation and case law concerning the acquisition, authenticity, export, ownership, and copyright of art objects.