Constitution history

The search for constitutional solutions

It was in this context that the first exploratory discussions began in 1985 between Nelson Mandela and representatives of P. W. Botha's government. It had become apparent to Botha that the crisis in South Africa was reaching unmanageable proportions, and that drastic political changes had to take place. He also realized that constitutional changes would have to include representatives of the black majority. In August 1985 he was confronted with a choice between two broad approaches: he could release political leaders and start a process of genuine negotiation, or he could consult with representatives hand-picked by himself in a process that he could manage, and be reasonably certain of a satisfactory outcome. Botha was not bold enough for negotiation, and chose the latter; he was not yet prepared to cross the Rubicon. However, this arrogance did not last much longer.

The period saw a similar attitude in South Africa's relationship with its neighbours. Until the first quarter of 1988 South Africa carried out a brutal campaign of aggression and destabilization against its southern African counterparts. However, the balance of forces in the region was to be altered by a historic military defeat suffered by the South African Defence Force (SADF) that year at Cuito Caunavale in Angola. The defeat proved that South Africa's military might was not invincible after all. The effect was immediate: 'In the first week of May, South African negotiators travelled to London for the first of several rounds of talks on Angola and Namibia with officials from Angola, Cuba and United States. These resulted in an agreement over the withdrawal of SADF troops from Angola (completed on 30 August 1988), followed by accords signed in Brazzaville and New York (on 13 and 22 December respectively) providing for Namibia to begin its transition to independence in accordance with United Nations Security Council Resolution 435 of 1978 on 1 April 1989' (Davies,1989:155).

Botha now had further incentives to seek solutions to the crisis. On 21 April 1988 he outlined a new constitutional framework for the country based on a federal or confederal structure that would enable black people to be co-opted into the political process as far as the cabinet. The proposal included: the creation of black regional bodies representing black people outside the homelands; the appointment of a prime minister; that 'recognizable' black leaders be co-opted as cabinet members; the establishment of a national council referred to as the 'Great Indaba' ('indaba' is Zulu for a gathering or council); and the downgrading of the President's Council to a part-time body. Part of the responsibility of the 'Indaba' would be to negotiate a new constitution for consideration by the white Parliament.

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