Handbook on the Law of Cultural Heritage and International Trade

Handbook on the Law of Cultural Heritage and International Trade

Research Handbooks on Globalisation and the Law series

Edited by James A.R. Nafziger and Robert Kirkwood Paterson

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.

Chapter 16: South Africa

Margaret Beukes

Subjects: law - academic, cultural heritage and art law, international economic law, trade law

Extract

With the introduction of the new democratic dispensation via the Constitution of the Republic of South Africa, 1996 the country also experienced a transformation of the laws relating to the protection/preservation, management and nurturing of its cultural property. Before an analysis of the new cultural property regime, with a specific emphasis on legislation pertaining to export and import control measures, is undertaken, a brief overview of cultural protection legislative provisions pre-1996 is provided to set the scene. Legislation relating to the protection of cultural property ('heritage resources' in present-day South African terminology) dates from 1910, the year after the Union of South Africa was formed under British Dominium (on 31-05-1910 to be exact). The first such Act, with its politically incorrect title, was the Bushman-Relics Protection Act 22 of 1911. The protection provided for in the 1911 Act was later broadened by the National and Historical Monuments Act 6 of 1923 to areas of land with unique/distinguishing scenery, flora or fauna. Protection was also afforded to objects of historical or scientific interest and a commission was established for the preservation of natural or historical monuments. In 1934 the Natural and Historical Monuments, Relics and Antiques Act 4 of 1934 consolidated the earlier legislation. The 1934 Act was repealed in its entirety and replaced by the National Monuments Act 28 of 1969 - to reflect the political reality of South Africa becoming a republic - the Republic of South Africa - on 31 May 1961.

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