THE CONSTITUTIONAL TRANSFORMATION OF SOUTH AFRICA –
1989 -1994
1. THE ELECTION OF FW DE KLERK AS PRESIDENT OF SOUTH AFRICA
• ON 2 FEBRUARY 1989 FW DE KLERK WAS ELECTED LEADER OF THE NATIONAL PARTY.
• IN A SPEECH IN PARLIAMENT ON 8 FEBRUARY 1989 HE SAID HIS GOAL WAS “A NEW SOUTH AFRICA, A TOTALLY CHANGES SOUTH AFRICA…”
• ON 6 SEPTEMBER HE FOUGHT AN ELECTION ON A REFORMIST PLATFORM
• ON 20 SEPTEMBER HE WAS INAUGURATED AS PRESIDENT.
He began quickly with reform measures by
¥ allowing demonstrations in South Africa’s cities;
¥ releasing high level ANC prisoners; and by
¥ holding his first meeting with Nelson Mandela on 13 December 1989
2. THE FALL OF THE BERLIN WALL
• ON 9 NOVEMBER 1989 THE BERLIN WALL CAME DOWN – SIGNALLING THE IMMINENT COLLAPSE OF THE SOVIET UNION AND A FUNDAMENTAL CHANGE IN GEP-STRATEGIC RELATIONSHIPS.
• THE FALL OF THE WALL ALSO RESOLVED ONE OF THE SOUTH AFRICAN GOVERNMENT’S STRATEGIC THREAT.
• PRESIDENT DE KLERK REALISED THAT THE BALANCE OF FORCES WOULD NEVER AGAIN BE SO FAVOURABLE FOR CONSTITUTIONAL NEGOTIATIONS.
• AT A BUSH CONFERENCE IN DECEMBER HE AND THE NP LEADERSHIP PLANNED THE TRANSFORMATION INITIATIVE THAT WOULD CHANGE SOUTH AFRICA FOREVER….
3. THE 2 FEBRUARY 1990 SPEECH
• IN THE SPEECH PRESIDENT DE KLERK ANNOUNCED
o THE UNBANNING OF THE ANC, THE SACP AND OTHER REVOLUTIONARY ORGANISATIONS;
o THE IMMINENT RELEASE OF NELSON MANDELA; AND
o OPENED THE DOOR TO NEGOTIATIONS ON A NEW CONSTITUTION.
• ON 11 FEBRUARY NELSON MANDELA WAS FREED FROM PRISON AND ADDRESSED HIS SUPPORTERS – AND THE WORLD IN A SPEECH IN CAPE TOWN.
• SOUTH AFRICA HAD CHANGED FOREVER
4. THE FIRST EXPLORATORY TALKS
¥ AT GROOTE SCHUUR ON 3 MAY 1990 THE GOVERNMENT AND THE ANC DISCUSSED THE MODALITIES FOR THE RETURN OF AND EXILES TO SOUTH AFRICA AND CHANGES TO SECURITY LEGISLATION
¥ ON 6 AUGUST 1990 – IN THE PRETORIA MINUTE – THE ANC DISCUSSED THE SUSPENSION OF ITS ARMED STRUGGLE AND EXPRESSED CONCERN OVER ESCALATING VIOLENCE.
¥ AT THE DF MALAN AIRPORT MEETING ON 12 FEBRUARY 1991
¥ THE ANC AGREED TO SUSPEND ARMED ATTACKS, THE INFILTRATION OF ARMS AND MEN AND THREATS OF VIOLENCE.
¥ THE SAG AGREED TO SUSPEND ALL UNAUTHORISED SECURITY FORCE ACTIONS AGAINST THE ANC.
¥ THE TWO SIDES AGREED TO ESTABLISH A LIAISON COMMITTEE TO OVERSEE THE IMPLEMENTATION OF THE AGREEMENT
5. THE ABOLITION OF APARTHEID
• ON 17 JUNE 1991 PRESIDENT DE KLERK ANNOUNCED THE REPEAL OF THE LAST APARTHEID LEGISLATION, INCLUDING
o THE POPULATION REGISTRATION ACT
o THE GROUP AREAS ACT
• THE LAST STEP IN THE PROCESS WOULD BE THE ADOPTION OF A NEW DEMOCRATIC CONSTITUTION THAT WOULD ENSURE THE EQUAL PARTIPATION OF ALL SOUTH AFRICANS IN THE GOVERNMENT OF THE COUNTRY
6. ESCALATING VIOLENCE AND THE NATIONAL PEACE ACCORD
• THROUGHOUT 1990 AND THE FIRST MONTHS OF 1991 VIOLENCE ESCALATED THROUGHOUT THE COUNTRY –
o THE VIOLENCE WAS PRIMARILY BETWEEN THE ANC AND THE IFP IN KZN AND SOUTHERN TRANSVAAL;
o THERE WERE CREDIBLE ALLEGATIONS OF SECRET INVOLVEMENT OF THE SECURITY FORCES IN INSTIGATING AND PARTICIPATING IN VIOLENCE.
• ON 14 SEPTEMBER 1991, AT THE INSTIGATION OF CHURCHES AND BUSINESS, THE NATIONAL PEACE ACCORD WAS ADOPTED AND SIGNED BY ALL THE MAJOR PARTIES. IT MADE PROVISION FOR
o CODES OF CONDUCT FOR POLITICAL PARTIES AND SECURITY FORCES;
o A NATIONAL PEACE SECRETARIAT WITH LOCAL AND REGIONAL PEACE COMMITEES THROUGHOUT SA;
o A NATIONAL PEACE COMMITTEETO MONITOR IMPELEMENTATION OF THE ACCORD; AND
o A NATIONAL PEACE COMMISSION UNDER THE CHAIRMANSHIP OF JUDGE RICHARD GOLDSTONE TO INVESTIGATE AND REPORT ON VIOLENCE AND INTIMIDATION
7. CONSTITUTIONAL NEGOTIATIONS: CODESA
• THE NATIONAL PEACE ACCORD OPENED THE WAY FOR THE CONVENING OF THE CONVENTION ON A DEMOCRATIC SOUTH AFRICA ON 21 DECEMBER 1991. CODESA MADE PROVISION FOR
o A ‘DECLARATION OF INTENT’ WHICH SPELLED OUT A COMMON VISION FOR ESTABLISHMENT OF A NONRACIAL CONSTITUTIONAL DEMOCRACY BASED ON FUNDAMENTAL HUMAN RIGHTS;
o CHAIRMANSHIP OF JUDGE MICHAEL CORBETT AND JUDGES MAHOMMED AND SCHABORT AND
o FIVE WORKING GROUPS TO CONDUCT DIFFERENT ASPECTS OF THE NEGOTIATIONS.
• THE NEGOTIATIONS WERE ALMOST DERAILED WHEN NELSON MANDELA LAUNCHED A SCATHING PERSONAL ATTACK ON PRESIDENT DE KLERK AFTER HE HAD CRITICISED THE ANC FOR NOT FULFILLING ALL ITS UNDERTAKINGS IN TERMS OF THE PRETORIA AND DF MALAN AGREEMENTS
8. THE WHITE REFERENDUM 17 MARCH 1992
• AFTER SERIOUS BY-ELECTION LOSSES TO THE RIGHT-WING CONSERVATIVE PARTY IN DECEMBER 1991 AND FEBRUARY 1992 PRESIDENT DE KLERK DECISED TO HOLD A REFERENDUM AMONG WHITE VOTERS TO TEST THEIR CONTINUING SUPPORT FOR NEGOTIATIONS.
• THE RESULT WAS AN OVER WHELMING ENDORSEMENT OF NEGOTIATIONS:
o 67,83% OF WHITE VOTERS VOTED ‘YES’;
o 31,27% VOTED ‘NO’.
• PRESIDENT DE KLERK HAD A CLEAR MANDATE TO CONTINUE WITH THE NEGOTIATIONS.
9. THE BREAKDOWN OF CODESA JUNE 1992
• THE TWO SESSIONS OF CODESA BETWEEN MARCH AND MAY 1991:
o SUBSTANTIAL PROGRESS IN REACHING AGREEMENT ON THE OUTLINE FOR A CONSTITUTIONAL SETTLEMENT; BUT
o BREAKDOWN IN MAY 1992 OVER THE MAJORITY BY WHICH THE FINAL CONSTITUTION WOULD HAVE TO BE ADOPTED
• THE BOIPATONG MASSACRE
o ON THE NIGHT OF 17 JUNE 1991 46 RESIDENTS OF BOIPATONG, NEAR VERENIGING, WERE HACKED TO DEATH BY IFP RESIDENTS OF A NEARBY HOSTEL
o NELSON MANDELA ACCUSED PRESIDENT DE KLERK AND THE SECURITY FORCES OF HAVING BEEN INVOLVED IN THE MASSACRE AND CALLED OFF ALL FUTHER CONSTITUTION NEGOATIONS WITH THE GOVERNMENT
10. ROLLING MASS ACTION – THE “LEIPZIG” OPTION
• IN JULY AND AUGUST 1992 THE ANC LAUNCHED ITS PROGRAMME OF ‘ROLLING MASS ACTION’ INCLUDING
o NATIONAL STRIKES;
o ONGOING MASS DEMONSTRATIONS IN SOUTH AFRICA’S MAJOR CITIES;
o MARCHES ON THE CAPITALS OF THE BLACK STATES CREATED UNDER SEPARATE DEVELOPMENT.
• THE ‘LEIPZIG OPTION’
o THE LEFT WING OF THE ANC ALLIANCE THOUGHT THAT IF ENOUGH PEOPLE DEMONSTRATED FOR LONG ENOUGH THE DE KLERK GOVERNMENT WOULD COLLAPSE – JUST AS THE EAST GERMAN GOVERNMENT HAD DONE A FEW YEARS EARLIER AFTER MASS DEMONSTRATIONS IN THE CITY OF LEIPZIG.
• BISHO AND THE PRECIPICE OF CIVIL WAR…
o ON 6 SEPTEMBER 1992, THE LEIPZIG OPTION BROUGHT SOUTH AFRICA CLOSE TO THE PRECIPICE OF CIVIL WAR WHEN AN ANC MARCH ON BISHO, THE CAPITAL OF THE CISKEI, ENDED WITH THE DEATHS OF 28 DEMOSTRATORS
11. RECORD OF UNDERSTANDING: 26 SEPTEMBER 1992
• ANC AND GOVERNMENT REOPEN NEGOTIATIONS USING THE CYRIL RAMAPHOSA/ROELF MEYER CHANNEL
• ON 26 SEPTEMBER 1992 THEY ADOPTED THE ‘RECORD OF UNDERSTANDING’ IN TERMS OF WHICH
o THERE WOULD BE CONSTITUTIONAL CONTINUITY;
o A DEMOCRATICALLY ELECTED PARLIAMENT WOULD WRITE THE FINAL CONSTITUTION WITHIN THE FRAMEWORK OF AGREED PRINCIPLES;
o THERE WOULD BE A TRANSITIONAL GOVERNMENT OF NATIONAL UNITY;
o ALL PRISONERS WHO HAD COMMITTED CRIMES WITH A POLITICAL MOTIVE WOULD BE FREED;
o IFP HOSTELS WOULD BE SECURED AND TRADITIONAL WEAPONS BANNED.
• THE RECORD OF UNDERSTANDING REOPENED THE WAY TO NEGOTIATIONS – BUT INSENSED THE IFP.
o THE IFP, RIGHT-WING AFRIKANER PARTIES AND THE GOVERNMENTS OF BOPHUTHATSWANA AND CISKEI FORMED COSAG – (THE CONCERNED SOUTH AFRICANS GROUP) AND WITHDREW FROM THE NEGOTIATIONS.
12. THE MULTIPARTY NEGOTIATING FORUM
• THE MULTIPARTY NEGOTIATING FORUM
o RESUMED FORMAL NEGOTIATIONS IN APRIL 1993.
o IT INCLUDED 26 PARTIES AND 11 OBSERVER ORGANISATIONS;
o IT USED AGREEMENTS REACHED AT CODESA AS THE BASIS FOR FURTHER NEGOTIATIONS;
o IT MADE PROVISION FOR THE ESTABLISHMENT OF
♣ A NEGOTIATING FORUM;
♣ A NEGOTIATING COUNCIL;
♣ A PLANNING COMMITTEE;
♣ A COMMISSION FOR THE DEMARCATION OF NEW PROVINCES/STATES/REGIONS. AND
• IT SET UP EIGHT TECHNICAL COMMITTEES TO ADVISE ON THE STEPS REQUIRED FOR FREE AND FAIR ELECTIONS. THE LARGELY NON-PARTY POLITICAL TECHNICAL COMMITTEES PLAYED A CRUCIAL ROLE IN REACHING AGREEMENT ON CORE CONSTITUTIONAL QUESTIONS.
13. DISMANTLING SA’S NUCLEAR WEAPONS
¥ ON 24 MARCH 1993 PRESIDENT DE KLERK INFORMED A SURPRISED PARLIAMENT THAT SOON AFTER HIS INAUGURATION HE HAD ORDERED THE DESTRUCTION OF SOUTH AFRICA’S NUCLEAR WEAPONS:
o THE CAPABILITY HAD BEEN INITIATED BY PRIME MINISTER VORSTER IN 1974 – 75 BECAUSE OF THE GROWING INTERVENTION OF THE SOVIET UNION IN SOUTHERN AFRICA.
o THE PROGRAMME HAD PRODUCED SIX AND A HALF ATOM BOMBS;
o SOUTH AFRICA BECAME A PARTY TO THE NUCLEAR NON-PROLIFERATION TREATY IN 1991.
¥ SOUTH AFRICA REMAINS THE ONLY COUNTRY THAT HAS EVER DISMATLED A NUCLEAR WEAPONS CAPABILITY THAT IT ITSELF HAD CREATED.
14. NEGOTIATION SETBACKS: CHRIS HANI AND THE AWB
¥ CHRIS HANI’S ASSASSINATION
o THE NEGOTIATIONS AT THE MULTIPARTY NEGOTIATING FORUM WERE SERIOUSLY DISRUPTED ON 10 APRIL 1993 WHEN CHRIS HANI, THE CHARISMATIC SECRETARY-GENERAL OF THE SACP WAS SHOT DEAD BY JANUSZ WALUZ, A POLISH IMMIGRANT.
o NELSON MANDELA AGREED TO A REQUEST FROM PRESIDENT DE KLERK TO MAKE A TELEVISED CALL FOR CALM;
o HOWEVER, FOR THE FOLLOWING WEEK SOUTH AFRICA WAS ALMOST TORN APART BY A NATIONAL STRIKE AND MASS DEMONSTRATIONS THAT CULMINATED WITH HANI’S FUNERAL
¥ THE AWB INVASION..
¥ THEY WERE AGAIN DISRUPTED ON 25 JUNE WHEN THE FAR-RIGHT AFRIKANER WEERSTANDSBEWEGING INVADED AND TOOK CONTROL OF THE WORLD TRADE CENTRE WHERE THE TALKS WERE TAKING PLACE. THEY WERE EVICTED AFTER SEVERAL TENSE HOURS
15. THE MPNF AGREES ON AN INTERIM CONSTITUTION
¥ ON 1 JUNE 1993 THE MULTIPARTY NEGOTIATING FORUM AGREED THAT THE FIRST FULLY DEMOCRATIC ELECTION WOULD TAKE PLACE ON 27 APRIL 1994;
¥ ON 16 NOVEMBER PRESIDENT DE KLERK AND NELSON MANDELA REACHED AGREEMENT ON THE LAST SIX CONTENTIOUS ISSUES;
¥ ON 17 NOVEMBER THE NEGOTIATING COUNCIL ADOPTED THE CONSTITUTIONAL PRINCIPLES
¥ ON 18 NOVEMBER THE MPNF ADOPTED THE DRAFT INTERIM CONSTITUTION;
¥ ON 18 DECEMBER THE FREEDOM FRONT AGREED TO JOIN THE ELECTIONS AFTER IT HAD SIGNED AN ACCORD RELATING TO AFRIKANER SELF-DETERMINATION
¥ ON 23 DECEMBER 1993 PARLIAMENT ADOPTED THE INTERIM CONSTITUTION.
16. THE NOBEL PEACE PRIZE 10 DECEMBER 1993
¥ ON 10 DECEMBER 1993 THE NOBEL PEACE PRIZE WAS AWARDED TO NELSON MANDELA AND FW DE KLERK IN OSLO.
¥ THE RELATIVELY PEACEFUL RESOLUTION OF SOUTH AFRICA’S BITTER DIVISIONS WAS REGARDED BY THE WORLD AS ‘A MIRACLE’.
¥ THE DECISION TO AWARD THE PRIZE TO BOTH LEADERS WAS REGARDED BY PRESIDENT DE KLERK AS ACKNOWLEDGEMENT OF THE CONTRIBUTION OF ALL SOUTH AFRICANS TO THE PEACE PROCESS
17. ROLLER-COASTER RIDE TO THE ELECTION
¥ JANUARY – APRIL 1994: LAST MINUTE CRISES:
¥ BOPHUTHATSWANA
o BOPHUTHATSWANA REFUSED TO ALLOW ELECTIONEERING . WHEN ITS ARMY MUTINIED PRESIDENT MANGOPE CALLED ON GENERAL CONSTAND VILJOEN TO COME TO HIS RESCUE. BEFORE VILJOEN’S FORCE OF 300O MEN COULD DEPLOY BOPHUTHATSWANA WAS INVADED ON11 MARCH BY AN ILL-DISCIPLINED AWB FORCE – WHICH WAS QUICKLY ROUTED. BOTH BOPHTHATSWANA AND CISKEI WERE REINCORPORATED IN SA AND PARTICIPATED IN THE ELECTION
¥ SHELL HOUSE MASSACRE
o ON 28 MARCH 19 IFP PROTESTERS WERE KILLED BY GUARDS AT THE ANC HEADQUARTERS IN THE SHELL HOUSE BUILDING IN JOHANNESBURG.
¥ THE IFP ELECTION BOYCOTT
o THE GOVERNMENT AND THE ANC MADE REPEATED ATTEMPTS TO PERSUADE THE IFP TO JOIN THE ELECTIONS. THE IFP RELENTED 8 DAYS BEFORE THE ELECTION.
o ON 25 APRIL PARLIAMENT CONVENED TO ADOPT AMENDMENTS TO THE CONSTITUTION REGARDING THE FUTURE POSITION OF THE ZULU KING
18. THE ELECTIONS OF 27 APRIL 1994
¥ SOUTH AFRICA’S FIRST FULLY INCLUSIVE ELECTION MARKS THE BIRTH OF THE COUNTRY’S NON-RACIAL DEMOCRACY.
o 86,95% OF REGISTERED VOTERS CAST THEIR BALLOTS
o THE ANC WON 62,6% OF THE VOTE;
o THE NATIONAL PARTY WON 20,6%;
o THE IFP 10,5%,;
o THE FREEDOM FRONT 2,2%; – AND
o THE DEMOCRATIC PARTY 1,7%
