The Move to Democracy
Multi - party negotiations process

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The record of understanding

The failure of CODESA and the outbreak of violence raised fears of civil war. After meeting several times, the ANC and NP leaders signed a Record of Understanding on September 26, 1992.

Talks between the ANC and the NP after the collapse of CODESA, 1992.
(Allistair Findlay)

The aim of the record was to resolve some of the differences, around an interim government and constitutional issues. Both parties committed themselves to negotiations, and agreed to the participation of non-party members on constitutional and transitional matters. Nelson Mandela requested the release of 150 political prisoners who had committed offences prior to October 8, 1990 and a further 250 to be released in November 5, 1992. The process of negotiations was confirmed as set out in the Harare Declaration.

Not everyone welcomed the Record of Understanding. On October 6 1992 an alliance was formed between former homeland black leaders and the white right wing. Mangosuthu Buthelezi from Natal, Oupa Gqoza from Ciskei, and Lucas Mangope from Bophuthatswana, the Afrikaner Volksunie and the Afrikaner Freedom Foundation united under the banner of the Concerned South Africans Groups (COSAG). Among others COSAG demanded the disbanding of MK, the scrapping of the Record of Understanding and the resumption of talks along with all of the negotiated agreements of CODESA.

Multi Party Negotiations

On 2 April 1993 the Multi-Party Negotiation Process (MPNP) began in Kempton Park. The structure and process was very different to CODESA. Non-partisan specialists were included and they helped speed up proceedings and resolve areas of differences. The PAC decided to rejoin the negotiations.

The structure of the MPNP was comprehensive and more efficient than the five working groups of CODESA. Working groups were replaced by the negotiating council, which reported to a negotiating forum. The negotiating forum was responsible for finalising all decisions made. All agreements were sent to the plenary for endorsement. Technical committees comprising non-party experts were established to deal with written submissions from the various political players. This committee was effective in breaking deadlocks. A further two neutral commissions were elected to deal with the demarcations of regions. A planning committee replaced the secretariat post of CODESA.

The MPNP structure

Adapted from Ebrahim, H. (1998). The Soul of a Nation: Constitution-making in South Africa,
Cape Town: Oxford University Press, p.152

Assassination of Chris Hani and Right Wing Threats

On 10 April 1993, Polish immigrant, Walus Janusz assassinated Chris Hani, of the South African Communist Party. The Tripartite Alliance (ANC, SACP and COSATU) saw this as a serious threat to negotiations. The alliance therefore called for the immediate announcement of the date for general elections and a Transitional Executive Council. Janusz was later linked to a prominent member of the Conservative Party, Clive Derby Lewis. Right wing opposition took another turn when retired Chief Director of the SADF, General Groenewald and General Constand Viljoen, together with other ex-military leaders, formed a Committee of Generals. This committee formed the Afrikaner Volksfront (AVF). General Groenewald warned of a right wing backlash from the ranks of the army in support of his demands for a separate white homeland (volkstaat).

The extremist right wing AWB also interrupted the negotiations of June 15, 1993 when they stormed the World Trade Centre, in an armoured vehicle. Members were threatened with guns in a bid to wreck the negotiations.

AWB members storm the World Trade Centre, June 15 1993.

The Negotiated Settlement

Following these incidents, the Negotiation Council met on June 1, 1993 and announced the election date of April 27, 1994. Parties were given fourteen days to oppose the resolution.

The Council instructed the Technical Committee on constitutional matters to draft a transitional constitution, which would be adopted by an elected constituent assembly. It called for the establishment of commissions for independent media and elections and demarcation of regions.

Democracy in South Africa was the result of a negotiated settlement. This also involved discussions about power and the security of white people. The transitional government was the next step after the negotiated settlement. Although armed struggle contributed to the liberation struggle ultimately democracy came through the miracle of peace talks, a major achievement for a country long divided by racial, language and ethnic differences.

The Constitution

The Technical Committee responsible for constitutional issues recommended the establishment of a constitution-making body to be made up of a national assembly and a senate. The national assembly would comprise 400 representatives, 200 elected from a national list of candidates and 200 from a regional list. The senate would consist of ten representatives from each of the country’s regions. A Constitutional Court was also recommended to ensure that a draft constitutional text was in line with certain constitutional principles. On November 18, 1993, the interim draft constitution with thirty-four principles was presented. The process from the interim to the final constitution took place over three phases ie. public participation in the drafting process, inviting public comment on the draft constitution and finalisation and adoption by the Constitutional Assembly.

On 18 November, 1993, the Technical Committee presented 34 constitutional principles for the drafting of the Interim Constitution. Chapter 11 of the interim constitution addressed concerns raised during CODESA 1, such as the issues of a volkstaat and the status of traditional authorities. It proposed a special council elected by parliament to look at these issues.

The main feature of the interim constitution was Chapter 3, with its fundamental rights, such as freedom of speech, religion, and association. It also touched on the different rights of children and women, and most importantly on the right to life.

The interim constitution marked a radical shift for South Africa as its closing statement below shows.

From Ebrahim, H. (1998). The Soul of a Nation: Constitution-making in South Africa,
Cape Town: Oxford University Press

The most crucial feature of the constitution making process was public participation. Many people made suggestions on issues ranging from labour to abortion. Below are some of the letters sent:

To enlarge the letter click on it.

The Government of National Unity (GNU)

Negotiating parties agreed on a government of national unity (GNU) that would last for five years. This government would be made up of representatives of parties who won at least five percent of votes during the elections. Parties who obtained more than twenty percent of votes would be entitled to choose a deputy president; implying the possibility of more than one deputy president. The president would be obliged to consult with the deputy presidents. This agreement signified that the deadlock over constitutional issues between the ANC and the NP had been broken. The ANC won its argument that the strongest party have the authority to govern, while the NP managed to secure a strong role of consultation despite losing on its demands for a minority veto.

Provinces

(Source: http://flagspot.net/flags/za_old-.html)

It was decided that South Africa would be made up of nine provinces incorporating the former homelands. Lucas Mangope resisted this, resulting in civil unrest in Bophuthatswana. The right wing rallied to support him while his homeland’s military attempted to oust him. Clashes between the two resulted in the death of three right-wingers.

The issue of power sharing with the provinces was finally resolved. The Democratic Party (DP) and the NP had argued that provinces should be given exclusive and sweeping autonomy. In their view only issues such as defence, finance, and foreign policy needed to be dealt with by the national government. The ANC compromised and agreed that provinces be guaranteed a fixed amount of revenue from the national tax coffers as well as some power to levy taxes as regulated nationally. Provinces were also given legislative powers and measures were taken to strengthen local government with the drafting of a Local Government Transition Act to regulate the restructuring of this tier of government.

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Learning Outcomes 1: Enquiry Skills: The learner will be expected to demonstrate an ability to work independently, formulating enquiry questions and gathering, analysing, interpreting and evaluating relevant evidence to answer the questions.

Activity 9

1. Why do you think the MPNP needed to change its structure?
2. What were the demands of COSAG ?
3. What was important about the Record of Understanding?
4. Why was the Independent Media Commission set up?
5. Who tried to disrupt the negotiations in Kempton Park and why?

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Learning Outcome 3: Knowledge construction and communication: Learners will be expected to synthesise information about the past to develop, sustain and defend an independent line of historical argument. They will be expected to communicate and present information reliably and accurately in writing and verbally.

Activity 10

Discuss the significance of the statement below for South Africa during the period 1990 to 1994. Bear in mind that it refers to the new interim constitution for a democratic South Africa.

“ an historic bridge between the past of a deeply divided society characterised by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, for all South Africans, irrespective of colour, race, class, belief or sex.” Preamble of the Interim Constitution, 1992

 

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