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Addressing Heritage Crime in Gauteng, South Africa: an Integrative Exposition” Is My Own Work

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Addressing Heritage Crime in Gauteng, South Africa: an Integrative Exposition” Is My Own Work ADDRESSING HERITAGE CRIME IN GAUTENG, SOUTH AFRICA: AN INTEGRATIVE EXPOSITION by BERNADINE CAROL BENSON submitted in accordance with the requirements for the degree DOCTOR OF LITERATURE AND PHILOSOPHY in the subject POLICE SCIENCE at the UNIVERSITY OF SOUTH AFRICA PROMOTER: PROF. J. PRINSLOO CO-PROMOTER: PROF. H. FOUCHÈ JUNE 2013 DECLARATION 37665588 I declare that the study titled “Addressing heritage crime in Gauteng, South Africa: an integrative exposition” is my own work. I have acknowledged all the sources that I have used or quoted from in this study with complete references. I also declare that this study has not been submitted before for any degree or examination in any other university. 2013-05-03 SIGNATURE DATE MRS B C BENSON ii ACKNOWLEDGEMENTS There are a number of people who contributed to the completion of this study. Some people contributed with insight and critique and others with encouragement and interest. My thanks I extend to each one of you. I give specific thanks and appreciation to the following: • Soli Deo Gloria – Abba, this is all your work. Your boundless grace has truly given me wings. • To my promoter, Professor Johan Prinsloo and co-promoter, Professor Henri Fouchè – I am forever grateful that you permitted me just enough freedom to find my own way but not too much that I wandered off course. • To the South African Police Service for permission to conduct this study in their midst. To the SAPS men and women who willingly participated in this study and for sharing their time and experience with me. • To the staff of the Interpol Art Crimes Unit for assisting me in obtaining information from Italy and the United Kingdom and for providing me with insightful data on the functioning of their Art Crimes Unit at Interpol, Lyon. • To the country representatives from the following policing agencies: the Comando Carabinieri Tutela Patrimonio Culturale (TPC) (Italian Carabinieri Department for the Protection of Cultural Heritage), the Art Theft Program of the Federal Bureau of Investigation (FBI) of the USA, the Works of Art Unit from the Federal Criminal Police in Germany, and within the Metropolitan Police from the United Kingdom, the Art and Antiques Unit of New Scotland Yard. I extend my sincerest appreciation to each representative for sharing your knowledge, experience and expertise with me and adding so much value to this study. • To all the remaining participants within South Africa from the Department of Arts and Culture, the National Heritage Council, the South African Heritage Resources Agency, the International Council of Museums, the South African Museums Association and the National Forum for the Law enforcement of Heritage related matters for the invaluable input into this study. • And finally, to my husband Marco, and my children Bradleigh and Michaela, thank you for always believing in me – it helped me to believe in myself. iii Title: Addressing heritage crime in Gauteng, South Africa: an integrative exposition By: Bernadine Carol Benson Promoter: Professor J Prinsloo Co-promoter: Professor H Fouchè Department: Criminology (Police Science) Degree: Doctor of Literature and Philosophy SUMMARY This research explored, described and explained the nature and the extent of heritage crime as it manifested in the Gauteng Province of South Africa for the period 2006-2010. Gauteng was selected since it is deemed to be the hub of the legal trade. An operational definition of heritage objects was drafted for this study as ‘objects of artistic, cultural, historic or archaeological value regardless of age, housed in or curated by museums or galleries within Gauteng, and which are both tangible and moveable.’ Heritage crime for the purpose of this study was the illegal removal of any heritage object from a museum or gallery. The annual crime statistics released by the South African Police Services (SAPS) contain no reference to heritage crime of any sort. Therefore this research attempted to quantify the incidents of thefts experienced by museums and galleries in Gauteng for the period 2006- 2010. Using a mixed method approach, data were gathered by qualitative and quantitative surveys. A total of 28 qualitative interviews were conducted. These data were integrated with the quantitative data which permitted the achievement of the strategic aims set out for this research. The following aims were achieved: • The roles and responsibilities of the custodians of the national estate were clarified; • International conventions designed to assist in combating crime perpetrated against cultural property were discussed; • The national legislation which guides the management, preservation and protection of heritage objects as well as the trade therein within South Africa was examined; • Policing agencies at the forefront of combating heritage crime were interviewed and international best practices were identified and compared with that which the SAPS iv are doing to address crime of this nature. These police agencies are situated in Italy, the United Kingdom, the USA and Germany; • The dynamics of the reported incidents of loss/theft were examined. Several anomalies were identified. Among these are the identification of the typologies of items being targeted and the possible identification of the type of thief perpetrating these crimes. • Through analysis of incidents it was also possible to highlight that the majority of thefts occur during the time when museums and galleries are open and that the items stolen are usually on open display (not affixed to the surface and not behind a barrier of any sort). Through the analysis of the data for legal trade and the theft incidents it was possible to design a Framework depicting the interface between the legal and illegal markets for trade in heritage objects. The research also provides law enforcement with minimum guidelines to ensure that crimes of this nature are addressed more effectively. KEY TERMS: Cultural property; cultural heritage; heritage crime; cultural objects; theft of heritage objects; museum crime; theft from galleries; types of items stolen during museum heists; legal trade; illegal trade; Routine Activities Theory. v ABBREVIATIONS AND ACRONYMS CAME Conference of the Allied Ministers of Education CAS Crime Administration System CCTV Closed Circuit Television DAC Department of Arts and Culture DPCI Directorate for Priority Crimes Investigation ESPU Endangered Species Protection Unit ESD Endangered Species Desk EFT Electronic Financial Transaction ICOM International Council of Museums ICOM:SA International Council of Museums (South African Chapter) ICMS International Committee on Museums Security INTERPOL International Criminal Police Organisation NALEH National Forum for the Law Enforcement of Heritage Related Matters NHC National Heritage Council NHCA National Heritage Council Act NHRA National Heritage Resources Act NIU National Inventory Unit RAT Routine Activities Theory SAADA South African Antique Dealers Association SAIA South African Institute for Auctioneers SAHRA South African Heritage Resources Agency SAMA South African Museums Association SAPS South African Police Services SHGA Second-Hand Goods Act UK United Kingdom UN United Nations vi UNESCO United Nations Educational, Scientific and Cultural Organisation UNIDROIT Institute for the Unification of Private Law USA United States of America vii TABLE OF CONTENTS ACKNOWLEDGEMENTS iii SUMMARY iv ABBREVIATIONS AND ACRONYMS vi TABLE OF CONTENTS vii CHAPTER 1: GENERAL ORIENTATION TO HERITAGE CRIME IN SOUTH AFRICA 1.1 INTRODUCTION 1 1.2 OPERATIONALISATION OF HERITAGE CRIME 1 1.3 RATIONALE OF THIS STUDY 3 1.3.1 Heritage crime is not the same as violent crime 4 1.3.2 The resonance of the real 5 1.3.3 The value of heritage in ecotourism 6 1.3.4 A comprehensive understanding of the phenomenon 7 1.4 CONSTITUTIONAL FOUNDATION OF POLICING IN SOUTH AFRICA 8 1.5 THE INVESTIGATION OF HERITAGE CRIME BY THE SAPS 9 1.5.1 General detectives 10 1.5.2 Organised crime and the Directorate for Priority Crime Investigations (DPCI) 11 1.6 RESEARCH AIMS 12 1.6.1 Academic aim 12 1.6.2 Strategic aims 13 1.7 RESEARCH PURPOSE 13 1.7.1 Exploration 14 1.7.2 Description 15 1.7.3 Explanatory 15 1.8 RESEARCH QUESTIONS 16 1.9 EXPLICATION OF THE STUDY 16 1.9.1 National (provincial) focus 16 1.9.2 International focus 18 1.9.3 Time focus 19 1.10 KEY THEORETICAL CONCEPTS 19 1.10.1 Cultural heritage object 19 viii 1.10.2 Operational definition: cultural heritage object 20 1.10.3 Provenance 20 1.10.4 Museum 20 1.10.5 Art gallery 20 1.10.6 Curator/ Director 21 1.10.7 Heritage arena 21 1.10.8 Due diligence 22 1.10.9 Criminal investigation 22 1.11 DIVISION OF CHAPTERS 22 1.11.1 Chapter 1: General orientation to heritage crime in South Africa 22 1.11.2 Chapter 2: Methodological framework of the study 22 1.11.3 Chapter 3: An overview of the international instruments and organisations designed to address the protection of cultural property 23 1.11.4 Chapter 4: The legal trade in heritage objects Part I: The legislative framework 23 Part II: The manifestation of the legal trade 2006-2010 23 1.11.5 Chapter 5: The extent of heritage crime in Gauteng: 2006-2010 23 1.11.6 Chapter 6: The interface between the legal and illegal markets and the South African law enforcement response 23 1.11.7 Chapter 7: Findings and recommendations 23 CHAPTER 2: METHODOLOGICAL FRAMEWORK OF THE STUDY 2.1 INTRODUCTION 24 2.2 RESEARCH APPROACH AND DESIGN 24 2.2.1 Theoretical framework 24 2.2.1.1 Post-positivistic approach 25 2.2.1.2 Interpretivist/phenomenological
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