As many will know, conditions at the Johannesburg Art Gallery (JAG) have been deteriorating for years. The beautiful 100-year-old JAG building, designed by Edwin Lutyens, has not been maintained (or poorly repaired) resulting in multiple severe water leaks – especially during heavy rainfall. Not only has this water ingress has caused significant damage to the structure, it has also gravely endangered the priceless collection of art housed in the building. Temperature controls, fire suppression systems and other infrastructure is also lacking. Rising damp and black mould are present in the basement.

Old photo of the Johannesburg Art Gallery via the Lutyens Trust.jpg

Old photo of the Johannesburg Art Gallery (The Lutyens Trust)

After many years of fruitless engagement with the authorities, the Johannesburg Heritage Foundation (JHF) and the Friends of JAG (FOJAG) have decided that the lack of action by the City of Johannesburg (COJ) cannot be allowed to continue unchallenged. As such, we have jointly embarked on a process of urgent legal action to demand that the COJ lives up to its mandate of care with regards to both the JAG building and art collection.

Consequently, a legal letter was drawn up by Webber Wentzel on a pro bono basis and delivered to the relevant stakeholders on the 28th of August 2024. 

The full text of the legal letter is available on request, as well as a statement on the significance of the JAG Collection written by Professor Federico Freschi, Executive Dean of the Faculty of Art, Design & Architecture, University of Johannesburg (writing in his personal capacity). 

In summary, these are the most salient points (as taken from the legal letter of demand):

• Our clients write to you in the public interest and out of a well-justified concern that the JAG's heritage assets are at risk of being irreparably damaged unless immediate and decisive action is taken.
• The JAG houses the largest public art collection in South Africa (and one of the most important art collections in Africa). It is an eclectic collection of both traditional artefacts and contemporary South African and international art from the 15th century to the present, including works by acclaimed artists such as Pablo Picasso, Auguste Rodin, Claude Monet, Gerard Sekoto, Sydney Khumalo, Jacobus Pierneef and William Kentridge. It is a crucial cultural and historical resource of South Africa's history of colonialism, apartheid and the ongoing struggle for equality. The JAG collection is thus one of indisputable heritage value and cultural significance. 
• Established in 1908 under a Deed of Donation, the JAG was entrusted to the City of Joburg as the custodian of the art collection, whilst the Art Gallery Committee was made responsible for managing the artworks. Pertinently, the Deed imposes obligations on the COJ to preserve the JAG collection and maintain the Lutyens Building, which houses the JAG.
• We are instructed that the COJ has neglected its duties as contained in the Deed and has failed to maintain the Lutyens building. Not only has the building not been preserved and maintained, but the precious art collection has not been kept in a proper state of repair and under safe conditions. Notwithstanding JAG being a member of the International Council of Museums, it has failed to implement the protocols for properly handling and preserving its artworks, which compromises their public enjoyment and protection. Without urgent intervention, the artworks will be lost. This will inflict immense harm on the residents of the COJ and deprive future generations of the ability to benefit from the JAG’s precious heritage assets.
• On 13 August 2024, our clients visited the JAG and were able to observe first-hand the limited collection on display and the poor state of the building. Our clients learnt that 9000 artworks are in storage and that only one percent of the art collection is currently on display. Notably, half of the storage rooms, where the remaining art is housed, are unsafe from water ingress, and the art collection must be routinely moved around to makeshift storage sites during heavy rains. There is an imminent threat to this art with the upcoming rainy season. 
• Furthermore, due to the limited artworks on display, there is very little for visitors to see, and this is reflected in the low visitor numbers, approximately 5000 per annum, most of which are from schools that visit the gallery on school tours. This stands in contrast to the 7.2 million visitors who attended the Louvre last year – the most popular art museum in the world – and the 189,003 visitors who visited the Zeitz Museum of Contemporary Art Africa in the City of Cape Town.
• As things stand, the COJ and the Art Gallery Committee have dismally failed to preserve the JAG art collection and have neglected their duties to create a conducive environment for the public of Joburg to enjoy the artworks. The COJ and Art Gallery Committee are therefore in breach of the public duties vested in them by the Deed and the Constitution.
• Accordingly, our clients request that an urgent high-level meeting be held to discuss both an interim solution and a long-term solution to the JAG's problems. 
• FOJAG has developed a comprehensive interim plan that incorporates strategies to rehouse, restore and digitise the JAG’s art collection at no cost to the COJ. The interim solution is critical and must be implemented before the start of the summer rains, which are expected to begin in a month or less. 
• The long-term solution calls for a discussion and extensive public participation in the JAG's management, function, location and restoration. To date, the COJ’s attempts to renovate and cause repairs to the JAG have been unsuccessful and have failed dismally. The scope of work needs to start by considering the waterproofing and roofing of the JAG in its entirety – not piecemeal, as has been the case previously. 
• Our clients seek to assist the COJ and Art Gallery Committee to rectify the situation through a process of engagement with the identified interested parties so that the proposed solutions can be discussed and implemented. Should we not hear from you by 2 September 2024, we will infer that the COJ do not regard this demand as urgent and has no inclination to meet with our clients.
• In the event that you fail to adhere to our clients' demands, our clients reserve the right to take necessary legal action to urgently enforce the public interest provisions contained in the Deed and protect against the ongoing violation of the implicated constitutional rights. If possible, our clients wish to avoid unnecessary litigation which will be highly embarrassing for the City and its officials.
• It is our clients’ sincere hope that the situation can be amicably resolved in the best interests of all concerned.

For more information, please contact mail@joburgheritage.org.za or david@joburgheritage.org.za.