Magister Artium - MA (English) / After the 1976 student uprising, South Africa entered a period of increased violent state repression. The struggle against apartheid also became increasingly globalised, as can be seen in the UN resolution and the rise of various international anti-apartheid organisations. My thesis looks at the various ways in which art was used as a response to the crisis of late apartheid in the 1980s, focusing on a landmark international exhibition, the Art Contre Apartheid exhibition which opened in Paris on 1983. It examines the context and history of the Art Contre Apartheid collection, and follows its path to its current location at the Mayibuye Archive at the University of the Western Cape, where it mostly languishes in packing crates. My research locates its analysis of the works in broader debates around art and politics during the struggle years in South Africa, but also to highlights the continuities and contrasts between international responses to apartheid, and local struggle art produced in the period surrounding the launch of the exhibition. Some of most compelling works of art in the collection depict the human form, and register acts of torture. The analysis focuses specifically on depictions of a fragmentation and dismemberment of the human body. Drawing on Elaine Scarry's argument about the limitations of language as an adequate response to trauma, my research develops an analysis of these works that demonstrates how the body becomes a privileged site in which violent political contestations are made visible. The thesis also deals extensively with the 'absence of form', which highlights the various instances in the ACA collection where abstract art was used as a signifier of pain, and thus the unspeakable effects of apartheid.

Rather than being located in a field of art that addresses genocide through assumptions connected with identity issues or activism, this thesis of an artist’s exploration of artistic response to genocide in post World War II art practice, is informed by the emerging field of genocide scholarship. Seeing a parallelism between the concerns of genocide scholars and artists who respond to genocide, this thesis is an interdisciplinary study of art positioned alongside the field of genocide scholarship, as theorised by scholars such as Donald Bloxham and A. Dirk Moses. In addressing genocide through broader historical trends, periods and structures, it assumes that artists who respond to genocide share with genocide scholars a concern about genocide at a secondary level and share the potential to create illumination in the field. This thesis explores art practices that address genocide conceptually through structure and material. The central claim of this thesis is that recent and contemporary art practices, here discussed, show a concern to respond to genocide as an ethical response, and that they do so by engaging with the complexity of abstract issues such as complicity and agency. The initial analysis of Adorno’s discourse on ethics, as it relates to response in art, sets up a level of complexity for two further investigations that interrogate the discourses of victim representation and lens-based documents of genocide through ethics and agency. Together these provide an analytical framework for the project. Close readings informed by genocide scholarship, of art practices including those of Jimmie Durham and Francis Alÿs, take forward notions in the existing critical field. These readings yield not only the evidence that demonstrates a commitment to creating ethically based art through conceptually informed practice, in artists responding to genocide, but also the value of a cultural critique that is informed by genocide scholarship.

The development of graffiti into an accepted art form, street art, is a cause of concern for South African property owners. The current position in South African property law regarding the original acquisition of ownership suggests that the creation of street art on movable property belonging to another could result in the transfer of ownership. Ownership of the movable may transfer via accessio to the street artist provided that the artwork changes the nature of the movable. This would occur even if the street artist does not act in good faith because bona fides is not a requirement for the original acquisition of ownership via accessio. This anomaly requires that the South African law on accession in the case of pictura be developed such that good faith be a requirement for the transfer of ownership in this format. With the development and growing popularity of the art form the likelihood of this legal anomaly is becoming a greater possibility. Indeed, the popularity of British street artist, Banksy, has provided numerous examples of contested ownership, albeit within English law. Banksy artworks are collectable and financially valuable. Consequently, not only are they desirable but many of his street artworks are considered to be examples of British cultural heritage and as such may be worthy of protection and preservation. These cases highlight the growing need in South Africa to clearly identify who South African street artworks belong to and, to identify any South African street art that warrants cultural heritage protection. The legislation regarding the protection of South African cultural heritage resources has not yet been extended to any street artworks. Yet there are examples of street art in South Africa that meet the requirements for cultural heritage status or which have the characteristics of cultural heritage resources. The extension of cultural heritage resource status to South African street artworks that are culturally significant could assist in the protection and preservation of these resources. However, the effectiveness of the cultural heritage legislation, in particular the National Heritage Resources Act 25 of 1999, is limited. There are several problematic aspects in this Act. This is of great concern as the issues effect all South Africa’s cultural heritage resources (not just street art which may qualify for such status). However, these issues could be responded to through amendments to the legislation. Significantly, the National Heritage Resources Act seeks to deprive private owners of their property as it seeks to regulate what owners can do with cultural heritage property which they own. However, as it stands there are far too many challengeable issues in this legislation to justifiably deprive this property in terms of s25 of the Constitution of the Republic of South Africa, 1996. This renders significant portions of the National Heritage Resources Act inoperable. Consequently, the amendment of this legislation is necessary to ensure the purpose of the legislation i.e. to ensure the protection and preservation of the South Africa’s cultural heritage resources through the deprivation of property rights or indeed, if necessary, through the expropriation of property. / College of Law / LL. D.