Constitution history

The demand for a national convention

In May 1957 the ANC President-General, Albert Luthuli, made an impassioned appeal for a national convention that would allow representatives from all sections of the population to meet to discuss the conflict and look at solutions. His appeal was ignored.

On 16 December 1960 a Consultative Conference of African Leaders was held in Orlando, Soweto, when forty African leaders met with liberal and progressive whites. This conference rejected the establishment of a republic and made a call to the African leadership to attend an 'all-in conference', with the purpose of demanding a call for a nation convention. This convention had to be representative of the people South Africa, and it had to consider a new political dispensation and individual fundamental rights.

On 25 March 1961 the All-in Conference met and called for the negotiation of a democratic dispensation. Fourteen hundred delegates from all over the country representing 150 different religious, social, cultural, and political bodies gathered. At this conference, Nelson Mandela's call for a national convention of elected representatives to determine a new non-racial democratic constitution for South Africa was adopted. The conference resolved that:

1. WE DECLARE that no constitution or form of government decided without the participation of the African people who form an absolute majority of the population can enjoy moral validity or merit support either within South Africa or beyond its borders.

2. WE DEMAND that a National Convention of elected representatives of all adult men and women on an equal basis irrespective of race, colour, creed or other limitation, be called by the Union government not later than 31 May 1961; that the convention shall have sovereign powers to determine, in any way the majority of the representatives decide, a new non-racial democratic constitution for South Africa. (Karis & Carter, 1977)

The conference also directed Mandela to draw Prime Hendrik Verwoerd's attention to the resolution. In a letter to the Prime Minister, Mandela referred to the rising tide of unrest in many parts of the country, and stated that 'It was the earnest opinion of the Conference that this dangerous situation could be averted only by calling of a sovereign national convention representative of Africans, to draw up a new non-racial and democratic Constitution. Such a convention would discuss our national problems in a sober manner, and would work out solutions which sought to preserve and safeguard the interests of all sections of the population'.

Unfortunately, this call, like Luthuli's, went unheeded. In an attempt to gain further support for the idea, Mandela addressed a further letter to the leader of the parliamentary opposition, Sir de Villiers Graaf:

We can see no workable alternative to this proposal, except that the Nationalist Government proceeds to enforce a minority decision on all of us, with the certain consequence of still deeper crisis, and a continuing period of strife and disaster ahead. Stated bluntly, the alternatives appear to be these: talk it out, or shoot it out. Outside of the Nationalist Party, most of the important influential bodies of public opinion have clearly decided to talk it out. The South African Indian Congress, the only substantial Indian community organisation, has welcomed and endorsed the call for a National Convention. So, too have the Coloured people through the Coloured Convention movement which has backing of the main bodies of Coloured opinion. A substantial European body of opinion, represented by both the Progressive and the Liberal Parties, has endorsed our call. Support for a National Convention has come also from the bulk of the English language press, from several national church organisations, and from many others.

But where, Sir, does the United Party stand? We have yet to hear from this most important organisation - the main organisation in fact of anti-Nationalist opinion amongst the European community. Or from you, its leader. If the country's leading statesmen fail to lead at this moment, then the worst is inevitable. It is time for you, Sir, and your Party, to speak out. Are you for a democratic and peaceable solution to our problems? Are you, therefore, for a National Convention? We in South Africa, and the world outside expect an answer. Silence at this time enables Dr. Verwoerd to lead us onwards towards the brink of disaster.

further letter to the leader of the parliamentary opposition, Sir de Villiers Graaf link to Document 10

This appeal also came to nought, and the tension in the country had reached breaking point. A successful national general strike was called with the start of a massive defiance campaign, during which more than 10 000 people were arrested. There were clear signs of frustration on the part of the African nationalists. The change of tone between the letters by Luthuli in 1957 and those of Mandela in 1961 clearly reflect a growing militancy in ANC thinking. On 31 May 1961 the government, after holding a whites-only referendum, declared South Africa a republic.

This marked a decisive break in South Africa's history, for the country was to slide into an armed conflict lasting 30 years. Instead of heeding the advice of the All-in Conference, the government banned the ANC and other organizations, and left them with no legal avenue to pursue their interests. They found they had no option but to resort to armed struggle. The ANC had been transformed from a non-violent African nationalist organization into a revolutionary liberation movement. By 1964, most of the ANC's leaders were jailed and the resistance seemed effectively silenced. However, this silence did not last.

The ANC's 'Guidelines on Strategy and Tactics', which was produced at the organization's National Conference in Morogoro, Tanzania, in 1969 provides a clear explanation of the revolutionary armed strategy the ANC was to pursue.

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