A French court has ruled in favor of an antique dealer who bought a rare African mask for $165 and sold it for $4.6 million, rejecting the claims of the elderly couple who sold it to him without knowing its true value.
The wooden mask, made by the Fang people of Gabon in the 19th century, was one of only 10 to 12 known to exist in the world. It was part of a collection of African artifacts that the couple, in their 80s, inherited from an ancestor who was a colonial governor in Central Africa.
The couple, identified only by their initials in court documents, decided to sell their holiday home in the south of France and held a garage sale to get rid of some items. They offered the mask and some other objects, such as a bellows and a circumcision knife, to a second-hand dealer for $165, thinking that was a fair price.
Six months later, they were shocked to read a newspaper article about the auction of the mask in Montpellier, where it was described as “an extremely rare mask, property of a secret society of the Fang people in Gabon” and “inspirational for the artists Pablo Picasso and Amedeo Modigliani”. The mask was bought by an anonymous bidder for a staggering $4.6 million, setting a record for an African mask sold in France.
The couple filed an injunction to cancel their original sale of the mask, arguing that there was an “error of consent” and that the dealer cheated them by being aware of the mask’s real value. They demanded the auction proceeds to be given to them.
However, a judge dismissed their request, saying that they were responsible for their own “inexcusable negligence and frivolity” by not trying to get the mask appraised before selling it. The court also found that the dealer was not an expert on African art and only discovered the mask’s rarity when he took it to the auction house.
The dealer, who said he felt sorry for the couple, had offered them $330,000, the starting price of the auction, but their children refused and decided to sue him instead.
The case has also sparked controversy over the ownership and repatriation of African cultural heritage that was looted or acquired during the colonial era. The Gabonese government has filed a separate lawsuit against the dealer and the auction house, accusing them of handling stolen goods and demanding the return of the mask to its country of origin.
The mask is currently in a safe deposit box in Paris, pending the outcome of the legal disputes.
The Fang people of Gabon are known for their elaborate masks that were used in rituals and ceremonies by a secret society called Ngil. The masks, which often feature elongated faces, almond-shaped eyes, and prominent noses, are considered sacred and powerful objects that embody the spirits of the ancestors.
The mask that was sold in Montpellier was collected by René-Victor Edward Maurice Fournier, who served as a colonial governor in Central Africa between 1917 and 1920. He was one of the first French officials to explore the region and establish contacts with the local populations. He also amassed a large collection of African art that he brought back to France.
According to experts, the mask is a remarkable example of Fang art and craftsmanship, and its sale reflects the growing interest and demand for African art in the global market.
However, some activists and scholars have criticized the auction as a form of “cultural theft” and called for the restitution of African artifacts that were taken away during the colonial period. They argue that these objects belong to the African people and should be returned to their rightful owners and places of origin.
In recent years, several African countries have requested the repatriation of their cultural heritage from Western museums and institutions. France has pledged to return 26 artworks to Benin and a sword to Senegal, following a report that recommended the restitution of thousands of African objects in French collections.
The debate over the fate of the Fang mask is part of a larger and ongoing discussion about the ethical and legal issues surrounding the ownership and trade of African art and culture.
Source: New York Post