Coming of Democracy in South Africa (1990-1994)

Background to the Negotiated Settlement

• Economic Stagnation and Crises:

  • Severe economic decline throughout the 1980s triggered by international trade sanctions, financial disinvestments, and significant capital flight.
  • The apartheid state faced soaring military spending and an unsustainable domestic economic model.

• Internal Mass Resistance:

  • Widespread defiance campaigns led by the United Democratic Front (UDF) and the Congress of South African Trade Unions (COSATU).
  • Mass action, rent boycotts, consumer boycotts, and labor strikes rendered black townships ungovernable.

• Armed Struggle:

  • Ongoing military operations and sabotage campaigns conducted by Umkhonto we Sizwe (MK), the armed wing of the African National Congress (ANC), and the Azanian People's Liberation Army (APLA), the armed wing of the Pan Africanist Congress (PAC).

• International Pressure:

  • Heightened diplomatic isolation of the South African government by the United Nations, the Commonwealth, and major Western powers.
  • Comprehensive economic, cultural, and sporting boycotts.

• Collapse of the Soviet Union (1989):

  • The fall of communism in Eastern Europe removed the National Party (NP) government's primary justification for apartheid, which was framed as a defense against a "Total Onslaught" or "Red Scare."
  • The collapse also reduced the foreign financial and military backing available to liberation movements like the ANC, encouraging both sides to view negotiation as the only viable path forward.

• Secret Early Contacts:

  • Initial exploratory discussions took place in the mid-to-late 1980s between Minister of Justice Kobie Coetsee, intelligence officers, and Nelson Mandela during his imprisonment at Pollsmoor and Victor Verster prisons.
  • Parallel non-governmental talks occurred abroad between white South African business/academic delegations and exiled ANC leaders (such as the 1987 Dakar Conference).

F.W. de Klerk's Reforms

• Assumption of Power:

  • F.W. de Klerk replaced P.W. Botha as State President in August 1989, acknowledging that the political stalemate could not be resolved by military force.

• Parliamentary Speech on $2\text{ February }1990$:

  • De Klerk delivered a landmark address declaring a dramatic shift in government policy.
  • Unbanning of liberation organizations, including the African National Congress (ANC), Pan Africanist Congress (PAC), South African Communist Party (SACP), and political organizations previously outlawed.
  • Announcement of the unconditional release of political prisoners who were not convicted of violent crimes.
  • Suspension of the death penalty and removal of restrictions imposed under State of Emergency regulations.

• Repeal of Apartheid Legislation:

  • Systematic dismantling of core legislative pillars of apartheid, including the Group Areas Act, the Land Acts of 1913 and 1936, the Population Registration Act, and the Separate Amenities Act.

Release of Nelson Mandela

• Release Date and Significance:

  • Nelson Mandela was released from Victor Verster Prison on $11\text{ February }1990$ after $27\text{ years}$ of imprisonment across Robben Island, Pollsmoor, and Victor Verster.

• City Hall Address:

  • Delivered a major address to a mass crowd from the balcony of Cape Town City Hall, reaffirming commitment to peace, human rights, and democracy.
  • Clarified that the armed struggle was a defensive response to the violence of apartheid and would continue until a democratic framework was established.

• Political Leadership:

  • Assumed official leadership of the ANC negotiation team and was elected President of the ANC in 1991 following Oliver Tambo's health decline.
  • Conducted extensive domestic and international tours to mobilize economic and political support for the democratic transition.

Groote Schuur Minute and Pretoria Minute

• Groote Schuur Minute (May 1990):

  • First formal bilateral summit between the NP government and the ANC at Groote Schuur in Cape Town.
  • Both parties committed to resolving the national conflict through peaceful negotiation and ending existing political violence.
  • Established a joint working group to handle political offenses, indemnity from prosecution for returning exiles, and the release of political prisoners.

• Pretoria Minute (August 1990):

  • Second major bilateral meeting between the ANC and NP in Pretoria.
  • The ANC unilaterally suspended all armed actions and operations of Umkhonto we Sizwe (MK) to facilitate open negotiations.
  • The NP government committed to lifting the State of Emergency in Natal, accelerating the indemnity process, and expediting political prisoner releases.

CODESA I and CODESA II

• Convention for a Democratic South Africa (CODESA I):

  • Convened on $20\text{ December }1991$ at the World Trade Centre in Kempton Park, Johannesburg, bringing together $19\text{ delegations}$.
  • Adoption of the Declaration of Intent, committing parties to an undivided South Africa based on universal adult suffrage, a constitutional bill of rights, and a multiparty democracy (boycotted by the PAC, Inkatha Freedom Party, and Conservative Party).
  • Creation of five Working Groups to address: political climate, constitutional principles, transitional government mechanisms, future of TBVC states (Transkei, Bophuthatswana, Venda, Ciskei), and implementation timelines.
  • Public clash between Mandela and de Klerk over de Klerk's failure to dismantle state security operations linked to ongoing political violence.

• Whites-Only Referendum (March 1992):

  • De Klerk held a referendum for white voters to secure a mandate for negotiations; $68.6\%$ voted "Yes" to continue the negotiation process.

• CODESA II (May 1992):

  • Plenary negotiations collapsed due to fundamental impasses:
  • Voting Thresholds: NP insisted on a $75\%$ voting majority in a future assembly to pass constitutional provisions (effectively granting minority veto power), while the ANC demanded a $66.7\%$ ($\frac{2}{3}$) majority.
  • Structure of Government: NP demanded a permanent rotating executive power-sharing arrangement and extensive federalism, whereas the ANC demanded direct majority rule in a centralized state.

Political Violence During Negotiations

• Third Force Operations:

  • Covert state military and police networks that destabilized townships by funding, arming, and orchestrating violent attacks to disrupt negotiations and weaken the ANC.

• IFP-ANC Violence:

  • Clashes between Inkatha Freedom Party (IFP) supporters (primarily based in migrant worker hostels) and ANC-aligned township residents in Natal and the Witwatersrand.

• Boipatong Massacre ($17\text{ June }1992$):

  • Armed IFP hostel dwellers attacked township residents in Boipatong, killing $45\text{ people}$.
  • Allegations of Police Armored Personnel Carrier involvement prompted the ANC to pull out of CODESA II and initiate a campaign of "rolling mass action."

• Bisho Massacre ($7\text{ September }1992$):

  • Ciskei Defence Force troops opened fire on peaceful ANC demonstrators led by Ronnie Kasrils outside Bisho, killing $28\text{ marchers}$ and $1\text{ soldier}$.
  • Highlighted the immense danger of armed confrontation and forced both the ANC and NP back into secret bilateral negotiations.

• Assassination of Chris Hani ($10\text{ April }1993$):

  • Chris Hani, Secretary-General of the SACP and former MK Chief of Staff, was assassinated by far-right fanatic Janusz Waluś, orchestrated by Clive Derby-Lewis.
  • The country was brought to the edge of full-scale civil war.
  • Nelson Mandela delivered a historic televised national address, appealing for calm, asserting authority, and pressuring the NP government to set a definitive election date.

• Far-Right Extremism and Other Escalations:

  • Armed invasion of the World Trade Centre in Kempton Park by the Afrikaner Weerstandsbeweging (AWB) in June 1993.
  • APLA attacks on civilians, including the St James Church massacre (July 1993) and Heidelberg Tavern shooting (December 1993).
  • Shell House massacre ($28\text{ March }1994$), where ANC security guards killed $19\text{ IFP marchers}$ outside ANC headquarters in Johannesburg.

The Record of Understanding

• Bilateral Accord ($26\text{ September }1992$):

  • Signed between Cyril Ramaphosa (chief ANC negotiator) and Roelf Meyer (chief NP negotiator) after secret talks.

• Core Terms:

  • Re-engagement in formal multilateral negotiations.
  • Establishment of a single, democratically elected Constitutional Assembly to draft the final constitution.
  • Fencing in of worker hostels and banning of traditional weapons carried in public rallies.
  • Release of remaining political prisoners.

• Political Fallout:

  • Alienated IFP leader Mangosuthu Buthelezi, who broke off ties with the ANC and NP and formed the Concerned South Africans Group (COSAG) with right-wing Afrikaner organizations and homeland leaders.

Multi-Party Negotiating Forum and Sunset Clauses

• Multi-Party Negotiating Forum (MPNF):

  • Formed in April 1993 at Kempton Park, featuring $26\text{ delegations}$ (including traditional leaders and political parties absent from CODESA).
  • Finalized the transitional framework and confirmed $27\text{ April }1994$ as the election date.

• Sunset Clauses (Joe Slovo's Compromise):

  • Proposal formulated by SACP leader Joe Slovo to break critical negotiation deadlocks.
  • Power Sharing: Mandatory coalition government—the Government of National Unity (GNU)—for a period of $5\text{ years}$ ($1994-1999$).
  • Civil Service Guarantees: Guarantees preserving jobs, pensions, and indemnities for existing white civil servants, police, and military officers.
  • Integration of liberation armies (MK and APLA) and homeland security structures alongside the South African Defence Force into the new South African National Defence Force (SANDF).

Role of Key Political Leaders

• Nelson Mandela: Exercised decisive political authority, de-escalated national crises, maintained commitment to non-racial democracy, and bridged radical and moderate factions.
• F.W. de Klerk: Took the institutional initiative to end apartheid, negotiated constitutional safeguards for minorities, and led the National Party into a transitional power-sharing structure.
• Cyril Ramaphosa: Chief ANC negotiator who engineered strategic compromises and built a collaborative working relationship with Roelf Meyer.
• Roelf Meyer: Chief NP negotiator who recognized the necessity of majority rule and maintained structural communication channels during breakdowns.
• Joe Slovo: SACP leader whose practical "sunset clauses" unlocked deadlocks over power transition.
• Mangosuthu Buthelezi: IFP leader who pushed for Zulu regional sovereignty and federalism, maintaining a boycott of elections until days before the vote following international mediation.
• Chris Hani: Mobilized youth and township militants behind the peaceful negotiation process prior to his assassination.

Interim Constitution

• Adoption:

  • Drafted by the MPNF in November 1993 and passed into law by the Tricameral Parliament in December 1993 as Act 200 of 1993.

• Key Elements:

  • Acted as the supreme law of South Africa from $1994\text{ to }1996$ while the permanent constitution was being written by the Constitutional Assembly.
  • Included $34\text{ Constitutional Principles}$ that guided the final draft of the permanent constitution, overseen by a new Constitutional Court.
  • Contained a fully enforceable Bill of Rights guaranteeing civil, legal, and human equality.
  • Established $11\text{ official languages}$ to replace the dual English-Afrikaans system.
  • Reorganized the national territory from four provinces and ten homelands into $9\text{ new provinces}$ with provincial legislatures.
  • Created a bicameral parliament consisting of a $400\text{-seat}$ National Assembly and a $90\text{-seat}$ Senate.

Government of National Unity (GNU)

• Mandate and Structure:

  • Executive power-sharing mechanism governing South Africa from $1994\text{ to }1999$.
  • Any party securing at least $5\%$ of the national vote in the 1994 elections was granted cabinet posts proportional to its vote share.
  • Any party securing at least $80\text{ seats}$ ($20\%$ of the National Assembly) was entitled to designate an Executive Deputy President.

• Leadership Composition:

  • President: Nelson Mandela (ANC).
  • Executive Deputy Presidents: Thabo Mbeki (ANC) and F.W. de Klerk (NP).
  • Cabinet included ministers from the ANC, NP, and IFP (such as Mangosuthu Buthelezi serving as Minister of Home Affairs).

Democratic Elections of 1994

• Electoral Process:

  • Held from $26\text{ to }29\text{ April }1994$ under the management of the Independent Electoral Commission (IEC), led by Judge Johann Kriegler.
  • Marked the first universal franchise, non-racial election in South Africa, ending $342\text{ years}$ of white domination.

• Electoral Results:

  • African National Congress (ANC): $62.65\%$ of the vote ($252\text{ seats}$ in the National Assembly).
  • National Party (NP): $20.39\%$ of the vote ($82\text{ seats}$).
  • Inkatha Freedom Party (IFP): $10.54\%$ of the vote ($43\text{ seats}$).
  • Freedom Front (FF): $2.17\%$ of the vote ($9\text{ seats}$).
  • Democratic Party (DP): $1.73\%$ of the vote ($7\text{ seats}$).
  • Pan Africanist Congress (PAC): $1.25\%$ of the vote ($5\text{ seats}$).
  • African Christian Democratic Party (ACDP): $0.45\%$ of the vote ($2\text{ seats}$).

• Inauguration:

  • Nelson Mandela was inaugurated as South Africa's first democratically elected President on $10\text{ May }1994$ at the Union Buildings in Pretoria.

Successes and Challenges of the Negotiated Settlement

• Successes:

  • Averted a civil war and facilitated a peaceful political revolution.
  • Constructed a constitutional democracy based on human rights, equality, and rule of law.
  • Ended international isolation, sanctions, and boycotts.
  • Established a stable transitional governance model via the Government of National Unity.

• Challenges and Compromises:

  • Economic inequality persisted, as private property rights provisions protected existing patterns of wealth and land ownership.
  • Sunset clauses protected former apartheid officials, limiting immediate institutional reform in civil service and police structures.
  • High levels of poverty, unemployment, socio-economic backlogs, and spatial segregation remained across historically marginalized communities.
  • Lingering trauma and unaddressed institutional accountability resulting from decades of violent repression.