Counterfeits

Dumile Feni is a registered trademark in South Africa.

    The primary legal basis in South Africa for fake or counterfeit or a forgery of a Dumile Fenile work is the Counterfeit Goods Act 37 of 1997, which includes the following definitions (which encompass fakes and fogeries).

    iv) “counterfeiting’ ‘—
    (a) means, without the authority of the owner of any intellectual property right subsisting in the Republic in respect of protected goods, the manufacturing, producing or making, whether in the Republic or elsewhere, of any goods whereby those protected goods are imitated in such manner and to such a degree that those other goods are substantially identical copies of the protected goods;

    (b) means, without the authority of the owner of any intellectual property right subsisting in the Republic in respect of protected goods, manufacturing, producing or making, or applying to goods, whether in the Republic or elsewhere, the subject matter of that intellectual property right, or a colorable imitation hereof so that the other goods are calculated to be confused with or to be taken as being the protected goods of the said owner or any goods manufactured, produced or made under his or her licence; or

    (c) where, by a notice under section 15 of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), the use of a particular mark in relation to goods, except such use by a person specified in the notice, has been prohibited, means, without the authority of the specified person, making or applying that mark to goods, whether in the Republic or elsewhere.

    However, the relevant act of counterfeiting must also have infringed the intellectual property right in question; (xv)

    v) “counterfeit goods” means goods that are the result of counterfeiting, and includes any means used for purposes of counterfeiting; (xiii)

    The cause of action in respect of for fake or counterfeit or forgery of a Dumile Fenile work under the Counterfeit Goods Act 37 of 1997 is set out Sec 2

    “Dealing in counterfeit goods prohibited and an offence ,

    2. (1) Goods that are counterfeit goods. may not—
    (a) be in the possession or ~nder the ‘control of any person in the course of business for the purpose of dealing in those goods.
    (b) be manufactured, produced or made except for the private and domestic use of the person by whom the goods were manufactured, produced or made.
    (c) be sold, hired out, bartered or exchanged, or be offered or exposed for sale hiring out, barter or exchange.
    (d) be exhibited in public for purposes of trade.
    (e) be distributed
    (i) for purposes of trade; or
    (ii) for any other purpose to such an extent that the owner of an intellectual property right in respect of any particular protected goods suffers prejudice.
    (f) be imported into or through or exported from or through the Republic except if so imported or exported for the private and domestic use of the importer or exporter, respectively.
    (g) in any other manner be disposed of in the course of trade.

    2) A person who performs or engages in any actor conduct prohibited by subsection
    (1). will be guilty of an offence if:
    (a) at the time of the actor conduct, the person knew or had reason to suspect that the goods to which the act or conduct relates, were counterfeit goods; or
    (b) the person failed to take all reasonable steps in order to avoid any act or conduct of the nature contemplated in subsection (1) from being performed or engaged in with reference to the counterfeit goods”.

    The Dumile Feni Family Trust takes a dim view to any of form of counterfeiting of any work, nor more so than a Dumile Feni work, and will not hesitate to act in the event that it finds such works. Apart from the insult to the work of the real Dumile Feni, making/producing or trading in counterfeits of Dumile Feni’s works is egregious, without justification other than criminal intent…..and a criminal act.

    Below please find informatiion below as to:

    1) what to do if you wish to check the prevenance of any Dumile Feni work purchased or inherited

  • Please check the list of known fakes below
  • Please contact the Dumile Feni Family Trust at info@dumilefeni.co.za

    2) Regards any fake or counterfeit or forgery of a Dumile Feni work

  • Please check the list of known fakes below
  • Please follow the procedure set out in the Counterfeit Goods Act 37 of 1997 laying a complaint with an Inspector or contact the Hawks – Attention Lt Colonel Speed - speedk@saps.gov.za
  • Please contact the Dumile Feni Family Trust at info@dumilefeni.co.za

    Media ref fakes in South Africa


    https://www.timeslive.co.za/news/south-africa/2012-02-26-forgeries-of-sa-exiles-art-flood-market
    Forgeries of SA exile’s art flood market – by Shanaaz Egginton 26 February 2012 – Published by the Sunday Times newspaper and online “THE art world is abuzz at the discovery of forged drawings for sale in the UK and South Africa under the name of celebrated artist Dumile Feni.

    The graphic artist and sculptor, who died in exile in New York in 1991, won critical acclaim for his portrayal of suffering during apartheid. Feni was known as the "Goya of the townships", and his works are collected around the world. A large charcoal drawing done in 1967 sold for over R1-million in Johannesburg to a private collector two years ago.” Cape Town art collector Bruce Campbell Smith said several forgeries of Feni's work had surfaced for sale privately and on auction” https://theconversation.com/theres-been-a-spike-in-fake-african-art-whats-being-done-to-fight-it-125395

    There’s been a spike in fake African Art. What’s been done to fight it – by Gerard de Kamper 21 October 2019 – published online by The Conversation

    “Based on my research, I’m of the opinion that the bulk of the fakes we’ve studied can be traced to a group we call the African Modernist Fake School – a trained artist or group of artists working together to create fakes on demand. The demand is created by an equally well organised group of “galleries” and auction houses.

    On original drawing by Dumile Feni (1942 - 1991) called Seated Child (1966) Strauss & Co These auction houses hide behind small-print clauses like “signed as” and are mostly located in Johannesburg, Durban and Bloemfontein. For their part, the galleries exist only on the internet and use popular classified advertising and online auction sites to peddle their wares. The sellers often claim to have been friends with the artists and their families and may even have someone with the same surname as the artist on staff. They sell fake works with made-up certificates of authenticity. Sometimes they publish books on the artists where fake works are mixed with originals to create a false provenance for the forgeries. One gallery went as far as donating fake works by black modernist artists to a university in the US.”


    Signed Dumile Feni Undated African Assing 27.5 x 21.3 cm On request Signed Dumile Feni - Black ink -Man in thought sitting on horse Signed Dumile Feni Undated African Assing 27.5 x 21.3 cm On request Signed Dumile Feni - Black ink -Man in thought sitting on horse Self Potrait sheet size: 34 by 27,5cm; including frame: 47,5 by 42,5 by 2cm ball point pen on sketchbook page 30-Aug-22 Crocker art https://www.crockerart.org/exhibitions/black-artists-on-art - as well as https://www.mutualart.com/Artist/Dumile-Zwelidumile-Mxgazi-Feni-Mhlaba/1C938DC8B321D7FE Signed Dumile Feni - Black ink -Man in thought sitting on horse Signed Dumile Feni Undated African Assing 27.5 x 21.3 cm On request Signed Dumile Feni - Black ink -Man in thought sitting on horse Signed Dumile Feni Undated African Assing 27.5 x 21.3 cm On request Signed Dumile Feni - Black ink -Man in thought sitting on horse

    1. “if a child” offered by Bonham’s London for sale as Lot 11 between August 3 and 17 August 2022

    Counterfeits

    2. “Brothers” undated and included in the Dumile Feni Retrospective book of the Johannesburg Art Gallery – Exhibition and Calaogue by Prince Dube – Page 169

    Counterfeits

    3. “Lovers” undated and included in the Dumile Feni Retrospective book of the Johannesburg Art Gallery – Exhibition and Calaogue by Prince Dube – Page 169

    Counterfeits


    Fake offered for auction by Bonham’s New York – withdrawn from auction on notice

    Counterfeits

    Was offered for auction and then withdrawn at the Modern and Contemporary Art and Photography from Africa and the Diaspora as Lot 17 by Bonham’s NY to be held on 27 July 2022 with the following details

    a. Title “For all lasting themes”
    b. signed 'Dumile' and titled 'for all lasting themes' (lower left)
    C. pencil on paper
    d. 20 x 14in (50.8 x 35.6cm)


    Fakes Offered by Mr Andor/Prince Dube

    See below seven images of the seven fake works that Mr Andor tried to sell. We have mentioned them previously. Mr Andor is the man in the report who claimed to be working with Prince Dube and had the letter of authentication for the works, which we learnt when we were called by the auction house in Pretoria. Mr Andor was later arrested in Sandton whilst trying to again sell works.

    He was released on bail whilest the works were sent to the forensic lab in Pretoria and they were confirmed to be fakes. We were told that the case was not dismissed just put on hold and the fake works were given to us. No reasons were given to us as to what was going on with the case as it was not thrown out of court just put on hold.

    More on Mr Andor “We obtained a statement from Bernardi that Andor had sold 7 drawings last year at the Bernardi Auctions. The value is around R200000.00 Bruce kindly evaluated the drawings sold and confirmed that they were fakes and provided an avidavit to that effect.

    Both statements were handed to the investigating officer today and we will discuss the matter at the court hearing in August with the prosecutor as to adding additional charges or charging more persons” Investigator – 10 July 2015

    Counterfeits #1 Counterfeit #1
    Counterfeits #2 Counterfeit #2
    Counterfeits #3 Counterfeit #3

    Counterfeits #1 Counterfeit #4
    Counterfeits #2 Counterfeit #5
    Counterfeits #3 Counterfeit #6