Notes on South Africa's Transition to Democracy

The negotiated settlement and the Government of National Unity

Introduction

• This section explores South Africa's journey to democracy from the crises of the 1990s, focusing on how South Africans addressed the apartheid past.
• It examines the achievement of a negotiated settlement and the establishment of the Government of National Unity.
• The analysis emphasizes how South Africa overcame numerous obstacles to establish a democratic state by 1994.

Key Events and Processes

• Secret Negotiations:
  • The South African government engaged in secret talks with the ANC-in-exile and Nelson Mandela.
• 1990 to 1991: Unbanning and Release:
  • Political organizations were unbanned, and political prisoners, including Nelson Mandela, were released.
  • Debates around negotiations occurred, leading to the Groote Schuur and Pretoria Minutes.
  • CODESA I (Convention for a Democratic South Africa) was initiated.
• Breakdown of Negotiations:
  • A 'Whites-only' referendum was held.
  • Violence escalated in the 1990s, with debates focusing on the 'Third Force,' Boipatong, and Bisho incidents.
  • CODESA negotiations broke down.
  • The Record of Understanding and the 'sunset' clause were introduced.
• Multi-Party Negotiation Process Resumes:
  • Formal multi-party negotiations resumed.
  • The assassination of Chris Hani occurred.
• Ongoing Violence:
  • Attempts to derail negotiations flared up after agreements were reached.
  • Events included the AWB invasion of the World Trade Centre, the St James Massacre, and killings at the Heidelberg Tavern.
• Final Road to Democracy in 1994:
  • The fall of Mangope and Gqozo occurred, along with the Bophuthatswana shootings.
  • The Inkatha Freedom Party (IFP) march to Shell House and the Shell House Massacre took place.
  • The Constitution and the Bill of Rights were drafted.
  • The Freedom Front and IFP joined the elections.
  • The 27 April election resulted in the Government of National Unity.

Overview of the Situation

• Situation in 1989:
  • The National Party had been in power since 1948.
  • The majority of the country was disenfranchised.
  • The ANC was banned for over 30 years, with its leaders jailed or exiled.
  • Mass opposition to apartheid, combined with harsh repression, created tension and suspicion, making civil war seem inevitable.
• Situation by 1994:
  • Negotiations and compromise led to a settlement.
  • Major conflict (civil war) was avoided.
  • National Party rule ended after 46 years, and the ANC won the majority in the first democratic election.
  • South Africa adopted a liberal and widely respected new constitution.

How the Changes Began

• In 1989:
  • The National Party faced pressure from mass internal resistance and international isolation and sanctions.
  • Changes in the National Party leadership occurred when pressure forced Botha to step down, and FW De Klerk took over, recognizing the need for change.
  • The end of the Cold War changed the political climate.

Recognition for Change in the 1980s

• Secret Negotiations with the ANC in Exile:
  • The ANC was increasingly recognized as a crucial organization in South Africa.
  • In 1985, business leaders met with the ANC in Lusaka, Zambia.
  • In 1987, liberal Afrikaners met with the ANC in Dakar, Senegal.
• Oliver Tambo expressed concerns about understanding the National Party's mindset if Botha were to negotiate.
• Thabo Mbeki reflected on the Dakar encounter, noting the development of understanding and unprecedented experiences.
• Willem (Wimpie) de Klerk noted improved mutual understanding, a positive climate, moderation, realism, and bridge-building between NP Afrikaners and the ANC.
• Willie Esterhuyse expressed his trust in Mbeki due to Mbeki's understanding of the Afrikaners' predicament.

Negotiations with Mandela

• 1982: Mandela moved from Robben Island to Pollsmoor Prison.
• 1985: Secret talks began between Mandela and the National Party. Mandela was offered conditional release (renouncing violence) but refused.
• 1988: Mandela moved to Victor Verster Prison in Paarl.
• During 1989:
  • Secret meetings occurred between Mandela and PW Botha and between Mandela and FW De Klerk.
  • Many political prisoners were released.

How the Negotiations Began (1990-1991)

• 2 Feb 1990: De Klerk's opening of parliament speech unbanned political parties and announced the unconditional release of Mandela.
• 11 Feb 1990: Mandela was released from prison.
• Mandela addressed a crowd at the Grande Parade in Cape Town, urging the people to continue the struggle.
• April 1990: The first round of talks was planned but called off due to the Sebokeng killings.
• May 1990 - Groote Schuur Minute: The ANC agreed to reconsider armed struggle, while the NP considered allowing political exiles to return, releasing political prisoners, removing repressive laws, and lifting the state of emergency.
• Aug 1990 - Pretoria Minute: The ANC agreed to suspend armed struggle, and the NP lifted the state of emergency.
• July 1990: Members of 'Operation Vula' were arrested.
• Dec 1991: CODESA I began.
• 1990-1991: Terrible violence occurred in Natal, Vaal Triangle, and township trains, raising suspicion of a 'Third Force'.

De Klerk's Opening of Parliament (2 February 1990)

• Unbanning of ANC, PAC, and SACP.
• Announcement of the release of political prisoners.
• Announcement of the unconditional release of Nelson Mandela.
• Easing of restrictions, bannings, and censorship.
• Suspension of the death penalty.
• Statement of the NP’s willingness to negotiate.

Release of Nelson Mandela

• 11 February 1990: Mandela was released from prison.
• His release was celebrated by large crowds and welcomed by the world media.
• He spoke at a rally at the Grand Parade in Cape Town on the day of his release, urging the intensification of the struggle.
• In the following months, he visited the ANC in exile and made international visits in Africa, Europe, and North America.

Mandela’s Speech at the Grand Parade (11 February 1990) - Extract

• Acknowledged Mr. De Klerk's integrity and awareness of the dangers of not honoring undertakings.
• Stressed that the ANC's policy and strategy were based on the harsh reality of suffering under the policies of the Nationalist government.
• Called on people to seize the decisive moment to accelerate the process towards democracy.
• Emphasized that the wait for freedom had been too long and urged an intensification of the struggle on all fronts.
• Warned that relaxing efforts would be a mistake unforgivable to future generations.
• Encouraged redoubling efforts with the sight of freedom looming.
• Asserted that victory could be assured through disciplined mass action.
• Called on white compatriots to join in shaping a new South Africa.
• Urged the international community to continue isolating the apartheid regime and warned against lifting sanctions prematurely.
• Affirmed that the march to freedom was irreversible and should not be deterred by fear.
• Stated that universal suffrage on a common voters’ role in a united, democratic, and non-racial South Africa was the only path to peace and racial harmony.

Release of Other Political Prisoners

• Other political prisoners were also released.
• Conflict arose between the NP and the ANC over which prisoners should be released (criminals vs. political opposition).
• A hunger strike occurred at Robben Island.
• The ANC refused to negotiate until prisoners were released.
• Eventually, more prisoners were released.

Obstacles to Negotiations

• Problems Facing the ANC:
  • It had been banned for 30 years.
  • It had to change from a liberation movement to a political party.
  • Internal differences existed in ideology and tactics.
  • There were differences between those who had been in exile and those in the country.
  • Public expectations demanded immediate change.
• Problems Facing the NP:
  • Right-wing conservatives left to join the Conservative Party or AWB.
  • There were fears that the army and police would stop changes.
  • Some wanted a power-sharing alliance with homeland leaders.

Violence Breaks Out

• Violence occurred between ANC and Inkatha supporters (particularly in Natal).
• Tensions arose in Rand townships between residents and hostel-dwellers (migrant laborers).
• Suspicion of government involvement – ‘Third force’.
• 26 March 1990: 11 people were killed by police during a protest in Sebokeng.
• As a result, the ANC called off the planned talks.
• The government was forced to make concessions and set up the Goldstone Commission to investigate the violence – sent troops to Natal to stop the violence.
• Temporary indemnity was granted to ANC exiles to participate in talks.

The Groote Schuur Minute

• Talks about talks.
• May 1990: First talks were held at Groote Schuur in Cape Town.
• Obstacles to negotiations were discussed, an agreement was found on most issues, and it was agreed to continue talks.
• Issues discussed:
  • Security legislation
  • Troops in townships
  • State of emergency
  • Ongoing violence
  • Position of homelands
  • Political prisoners
  • Armed struggle
  • Economic sanctions
  • Return of exiles (including Oliver Tambo)

The Pretoria Minute

• August 1990: Talks again in Pretoria.
• An agreement was reached, and the Pretoria Minute was signed.
• The ANC agreed to suspend the armed struggle.
• The government lifted the State of Emergency.

Continued Violence

• The Pretoria Minute failed to stop the violence.
• Continued violence occurred between ANC and Inkatha supporters in Natal.
• Activities of a ‘Third Force’ in the townships.
• Secret government funding to Inkatha.
• Doubts arose about the government’s intentions, and a peaceful solution seemed unlikely.
• A large obstacle that needed to be resolved was the ANC wanting majority rule and a new constitution, whereas the NP wanted power-sharing, a role in government, and protection of minority rights.

CODESA I & 2 – 1991-1992

• The talks begin – CODESA I
  • December 1991 – Convention for a Democratic South Africa (CODESA) meets at World Trade Centre in Kempton Park
  • Attended by 19 different political parties (Conservative Party, PAC and AZAPO do not attend as they want to wreck the negotiations)
  • CODESA reaches compromise on a constitution – Multi-party conference to draw up interim constitution while first elected parliament will draw up final constitution
  • Working groups were set up to discuss key issues: Principles of a new constitution, plans for an interim government, the position of the homelands, a timeline for change

The role of the Labour Movement

• The Congress of South African Trade Unions (COSATU) plays a key role in the negotiations – especially Cyril Ramaphosa
• COSATU, the ANC and the SACP form the Tripartite Alliance
• 1992 – COSATU launches campaign of ‘rolling mass action’ to put pressure on the government
• COSATU suggests key features of new constitution: proportional representation and limiting presidency to two terms
• Tripartite Alliance draft Reconstruction and Development Programme (RDP) to tackle issues of poverty, housing shortages and working conditions

The breakdown of negotiations – The ‘Whites Only’ Referendum

• The National Party was facing opposition from conservative white voters
• They were opposed to: the reforms announced by De Klerk, removal of apartheid laws, ongoing violence, return of political exiles, participation of the SACP in the negotiations (Joe Slovo played a key role)
• They objected to CODESA saying that the NP was selling out white interests – therefore they turned to the Conservative Party or the AWB
• De Klerk decides to hold a white referendum (vote) to ensure support of the NP’s direction – The ‘Yes/No’ vote
• 70% of white voters agree with the process of reform – gives De Klerk the backing to disregard the opposition

Violence disrupts the negotiations – Boipatong killings

• Ongoing violence between ANC and Inkatha supporters escalated creating increased tension between township residents and hostel-dwellers
• Many blamed the government for stirring up trouble and for arming Inkatha, others blame the exclusion of Inkatha from CODESA negotiations
• June 1992 – Boipatong Massacre occurs where the Joe Slovo Informal settlement in Boipatong outside Vereeniging was attacked by a group of about 300 armed men from kwa Madala Hostel in nearby Sebokeng Township
• The hostel-dwellers were associated with Inkatha and suspected of being secretly supported by the government as a means to undermine the negotiation process
• As a result, the ANC breaks off the negotiations (CODESA 2) and the Tripartite Alliance launches campaign of ‘rolling mass action’

Violence creates the need for negotiations to resume

• September 1992 – Bisho Massacre occurs
• The ANC organised a mass protest march to the Ciskei in order to oust ‘Oupa’ Gqozo and allow for democratic reforms after the government refuses to intervene saying that Ciskei falls outside of their jurisdiction
• The approximately 80 000 marchers, led by Chris Hani, Cyril Ramaphosa and others tried to enter Bisho, but the Ciskei Defence Force opened fire killing more than 30 people
• International concern for the situation in South Africa – the UN sent observers and Western governments put pressure on De Klerk
• Bisho Massacre creates an urgency to resume negotiations and find a peaceful solution

The Record of Understanding and the Sunset Clause

• The ongoing violence causes the ANC and the NP to see the need to resume negotiations
• Negotiations dominated by the relationship between Cyril Ramaphosa (chief negotiator for the ANC) and Roelf Meyer (chief negotiator for the NP)
• September 1992 – agreement is reached (Record of Understanding)
• Government makes concessions and agrees to release political prisoners, fence hostels and ban the use of traditional weapons at Inkatha rallies
• The ANC makes concessions and agrees to a government of national unity for 5 years after the first democratic election – the Sunset Clause
• The Sunset Clause (proposed by Joe Slovo) breaks the deadlock

Multi-Party Negotiating Forum and Ongoing Violence 1993

• Murder of Chris Hani

  • Negotiations due to resume in April 1993
  • 10 April 1993 – Chris Hani (leader of SACP and chief of staff of MK) murdered outside his home by right-wing Polish immigrant Janusz Waluś, with the support of Conservative party member Clive Derby-Lewis
  • Angry demonstrations break out
  • Mandela makes public address on national television and calls for calm
  • Crisis creates sense of urgency to conclude negotiations, but also makes a peaceful solution seem unlikely

Multi-Party Negotiating Forum reaches agreement

• April 1993 - negotiations resume with the Multi-Party Negotiating Forum, joined this time by the PAC and Conservative Party

• Election date set for 27 April 1994 for voters over 18 years old

• Agreement made on interim constitution:

  • 400 Representatives in National Assembly with proportional representation
  • 9 new provinces
  • National Assembly and Senate to form constituent assembly to draw up final constitution
  • Government of National Unity – All parties with 5% of votes to make up government for first 5 years
  • Bill of Rights

Violence threatens the process - AWB

• The Afrikaner Weerstandsbeweging (AWB) is an Afrikaner nationalist, white supremacist political organisation

• Leadership under Eugène Terre'Blanche was opposed to the changes

• On 25 June 1993, the AWB attacked the World Trade Centre (where the negotiations were taking place)

• 200 armed members occupied the building, causing concern, but ultimately failed to stop the negotiations

Violence threatens the process – APLA attacks

• APLA (armed wing of the PAC) also tried to disrupt the negotiations

• They were opposed to the negotiations as they thought that the ANC was making too many concessions and that this would prevent any revolutionary changes

• 25 July 1993 – APLA attacks St James Church in Kenilworth, Cape Town by using grenades and machine guns on worshippers during Sunday church service – 11 people killed, 58 wounded

• 30 December 1993 – APLA attacks Heidelberg Tavern in Observatory, Cape Town by opening fire on the crowd, killing 4 people

• End of 1993 - PAC agrees to end armed struggle

The final road to democracy – 1994

• Violence from right-wing Afrikaners

  • 40 bomb blasts targeted political party offices and voting venues
  • Car bomb set off in central Johannesburg
  • Bombing campaign in Johannesburg killed 21 people and injured hundreds

Opposition from homeland leaders

• Some leaders of the homelands opposed changes

• Mangope of Bophuthatswana and Gqozo of Ciskei feared losing privileges if homelands were abolished

• They had formed the Concerned Citizens Group (COSAG) in 1992 along with the IFP and the Conservative Party

• Mangope and Gqozo forced to step down

• 11 March 1994 – AWB invades Bophuthatswana to restore Mangope resulting in violent clashes with many killed

Shell House Massacre

• 28 March 1994 – IFP protest march outside of ANC headquarters in Johannesburg

• Security guards at Shell House fired on protesters – 53 people killed in the clash

• 300 more people die in country-wide violence

• Hope for a peaceful election fading

The Freedom Front and IFP join the elections

• Right-wing Afrikaners form the Freedom Front to participate in the elections under the leadership of Constand Viljoen

• Mangosuthu Buthelezi, leader of the Inkatha Freedom Party (IFP) threatens to boycott elections, wanting an autonomous KwaZulu under IFP control

• April 1994 – emergency meeting held between De Klerk, Mandela and Buthelezi – IFP agrees to participate in the elections

• ANC, SACP and COSATU join in the Tripartite Alliance for the elections

• Other major parties include the NP, the Democratic Party and the PAC

South Africa’s first democratic election

• Last minute attempts by right-wing Afrikaners to stop the elections – bomb set off at Johannesburg Airport

• 27-29 April – first democratic elections take place

• Almost 20 million people voted

• Independent Electoral Commission (IEC) declares the elections ‘free and fair’

• Votes

• Percentages

• ANC= 12,237,655, 62.65 \%

• NP =3,983,690, 24.39\%

• IFP = 2,058,294, 10.54\%

• FF = 424,555, 2.17\%

• DP = 338,426, 1.73\%

• PAC = 243,478, 1.25\%

• ACDP = 88,104, 0.45\%

A new South Africa – 1994-1996

• The Government of National Unity

  • As agreed during the negotiations, a coalition government of national unity (GNU) is formed between the ANC, NP and IFP
  • Cabinet made up of 12 ANC members, 6 NP members and 3 IFP members
  • Mandela is president, with Thabo Mbeki and FW De Klerk as deputy-presidents
  • Buthelezi is Minister of Home Affairs
  • GNU faced with transforming South Africa: 9 new provinces, restructuring of civil service and police force, merging of guerilla fighters and SADF
  • New national symbols adopted: flag, national anthem, public holidays
  • Serious economic and social problems to tackle

The Constitution and Bill of Rights

• Parliament forms Constituent Assembly to draw up final constitution, headed by Cyril Ramaphosa
• Public process used to draft constitution: public meetings, written submissions and encouragement of input from citizens
• May 1996 – New Constitution adopted
• Constitution includes a Bill of Rights
• Human Rights Commission created to defend human rights
• Constitutional Court set up to uphold the constitution – highest authority in South Africa
• 3 separate branches of government: executive, judiciary, legislature
• Constitution highly regarded internationally