EARLY DIALOGUES BETWEEN THE FW DE KLERK FOUNDATION AND THE ANC GOVERNMENT
Between 2002 and 2005 the FW de Klerk Foundation organised a number of dialogues between civil society organisations and the ANC government and ANC groups.
On several occasions President Mbeki graciously accepted invitations from the FW de Klerk Foundation to participate in meetings with the Foundation’s Board and prominent civil society organisations and academccs. The first meeting was held at Shambala, Douw Steyn’s magnificent game lodge in Limpopo Province, on 12 March, 2002 and was followed by meetings at Intundla, North-East of Pretoria, on 25-26 October, 2002 and at Glenburn Lodge in the Magaliesberg on 19-20 August 2005. On each occasion President Mbeki was accompanied by strong ministerial delegations – and on each occasion the meetings were held in a constructive and convivial atmosphere. The Foundation’s delegations used the meetings to express their growing concerns regarding affirmative action, the economy and the right to education in the language of one’s choice.
Most of the members of the Foundation’s delegation agreed that some form of affirmative action was necessary to address the imbalances and injustices created by apartheid. There were, however, a number of questions regarding key aspects of the BEE process:
- What was the final vision? The Codes of Good Practice set a target of 25% ownership by black South Africans – but was this the final goal? Already some charters – such as the draft charter for the health sector envisaged black ownership of 35% by 2010 and 51% by 2014. Was representivity the final goal – i.e. that all companies should ideally reflect the demographic composition of the population at all levels of ownership, control, management and employment?
- Would it be possible to peg racial ownership levels in a free market? What would happen to companies that met black ownership targets only to be confronted by the fact that their black shareholders had decided to sell their shares to whites or foreigners? Would the company have to start the process all over again?
- Would companies not have to pay a premium by maximizing procurement from black empowered suppliers? In normal business practice the factors that were usually considered when looking for suppliers were service, quality and price.
- How would the BEE Codes of Good practice affect family businesses? Often it was impossible or impracticable for such undertakings to take in additional partners who were not part of the family circle – regardless of their race.
- How would small businesses manage the complex record-keeping and reporting requirements set out in the codes of good practice? Already, it cost South African businesses 78 billion rand a year to comply with government regulations.
- What would the position be of companies and institutions with a clear cultural or linguistic nature? It could hardly be expected that 80% of the employees and management of Afrikaans language newspapers should be non-Afrikaans-speaking black South Africans.
At a meeting organised by the Foundation and the Institute for Justice and Reconciliation at Zewenwacht in the Cape on 3 – 4 June 2005, the discussion with an ANC delegation once again centred on transformation issues. The Foundation’s delegation said that it accepted the need for transformation – but that it should be the subject of consultation and agreement between the government and those affected. However, in line with the position that President Mbeki had expressed in January, the ANC side vehemently rejected the need for consultation and insisted that it alone should determine the scope, pace and nature of the transformation process. After the meeting, Dirk Hermann of Solidarity observed that the two delegations had had no difficulty in agreeing about the day-to-day challenges of life during their informal discussions over lunch – but that there was absolutely no meeting of minds during ‘bosberaad’s’ formal sessions.
On 19-20 August 2005 the Foundation hosted a final meeting with a delegation led by President Mbeki at Glenburn Lodge in the Magaliesberg. The Foundation and its delegation proposed that the government and civil society organisations should consider the development of a code of good practice relating to the fair implementation of affirmative action – in accordance with constitutional principles and recent judgements of the courts. It was felt that such a code could provide a useful guideline to employers and would help ensure that minorities would be treated fairly in affirmative action processes – and in particular that they would not be subject to absolute exclusion from appointment or promotion.
However, the kind of code that the participants had in mind never materialised. The ANC side repeatedly answered concerns raised by the Foundation’s delegation by reaffirming their commitment to the constitutional provision that South Africa belonged to all who live in it, united in their diversity. What they did not add was their insistence that this ownership should ultimately be determined by country’s demographics. In his closing remarks to the conference, Dr Flip Buys, the Chairman of Solidarity, said that after the discussion with President Mbeki and his delegation he was still confused – but he was confused at a much higher level!
At a meeting organised by the Foundation and the Institute for Justice and Reconciliation at Zewenwacht in the Cape on 3 – 4 June 2005, the discussion with an ANC delegation once again centred on transformation issues. The Foundation’s delegation said that it accepted the need for transformation – but that it should be the subject of consultation and agreement between the government and those affected. However, in line with the position that President Mbeki had expressed in January, the ANC side vehemently rejected the need for consultation and insisted that it alone should determine the scope, pace and nature of the transformation process. After the meeting, Dirk Hermann of Solidarity observed that the two delegations had had no difficulty in agreeing about the day-to-day challenges of life during their informal discussions over lunch – but that there was absolutely no meeting of minds during ‘bosberaad’s’ formal sessions.
On 19-20 August 2005 the Foundation hosted a final meeting with a delegation led by President Mbeki at Glenburn Lodge in the Magaliesberg. The Foundation and its delegation proposed that the government and civil society organisations should consider the development of a code of good practice relating to the fair implementation of affirmative action – in accordance with constitutional principles and recent judgements of the courts. It was felt that such a code could provide a useful guideline to employers and would help ensure that minorities would be treated fairly in affirmative action processes – and in particular that they would not be subject to absolute exclusion from appointment or promotion.
However, the kind of code that the participants had in mind never materialised. The ANC side repeatedly answered concerns raised by the Foundation’s delegation by reaffirming their commitment to the constitutional provision that South Africa belonged to all who live in it, united in their diversity. What they did not add was their insistence that this ownership should ultimately be determined by country’s demographics. In his closing remarks to the conference, Dr Flip Buys, the Chairman of Solidarity, said that after the discussion with President Mbeki and his delegation he was still confused – but he was confused at a much higher level!