This resource is hosted by the Nelson Mandela Centre of Memory, but was compiled and authored by Padraig O’Malley. It is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and post-apartheid eras.
The South African Transition
PREPARATORY PHASE
Feb. 1990 | Release of Nelson Mandela, unbanning of organisations |
May 1990-91 | Groote Schuur, Pretoria and DF Malan Minutes Peace process starts |
Sept. 1991 | Signing of National Peace Accord |
Nov. 1991 | Preparatory conference for multi-party forum |
Dec. 1991 | Codesa I - Declaration of Intent signed |
Feb. 1992 | Codesa working groups start work |
March 1992 | Whites-only referendum |
June 1992 | Codesa II deadlock Boipatong massacre, ANC withdraws |
July 1992 | Bisho massacre |
Sept. 1992 | Record of Understanding between ANC, SA Government |
PHASE I - PRE-ELECTION PHASE
March 1993 | Multi-party planning conference - MPNP set up |
April 1993 | Chris Hani killed |
May 1993 | MPNP starts work in seven technical committees |
Nov. 1993 | Constitution for transition agreed at plenary |
Dec. 1993 | Parliament ratifies negotiated legislation |
Jan.1994 | Transition structures set up |
April 1994 | Election |
The South African Transition Process
Transitional Executive Council and SA Government
Pre-election Process:
1994 Election
Election declared free and fair
Constitutional Assembly
Interim Government of National Unity
(Legitimacy and effectivity combined)
Adoption of Constitution
Interim Government of National Unity
From Domination And Struggle To Negotiation
NP/SA GOVERNMENT | ANC |
Mind-set: Domination ("power-sharing") | Mind-set: Struggle ("transfer of power") |
Internal pressures
| Internal pressures
|
External pressures
| External pressures
|
Factors facilitating change
| Factors facilitating change
|
Click on image to enlarge
Click on image to enlarge
Record of Understanding
Paragraph 2:
"The understandings on issues and obstacles included the following, although it was observed that there are still other important matters that will receive attention during the process of negotiation: (a) The government and the ANC agreed that there is a need for a democratic constituent assembly/ constitution-making body and that for such a body to be democratic it must:
Ø be democratically elected;
Ø draft and adopt the new constitution, implying that it should sit as a single chamber;
Ø be bound only by agreed constitutional principles;
Ø have a fixed time frame;
Ø have adequate deadlock-breaking mechanisms;
Ø function democratically, ie, arrive at its decisions democratically with certain agreed-to majorities; and
Ø be elected within an agreed predetermined time period.
Improvements in the Negotiating Process & Structures
Key Compromises
• Proportional representation
• Consensus-geared
• Executive
- President
- Two deputy presidents
• Five-year rule
• Provinces have effective legislative powers in 29 areas
• Include health, education, police, housing, agriculture, language policy, tourism
• Override of centre limited
• Large role for Constitutional Court
• National Revenue Fund
Constitutional Principles
Single state, common citizenship, democracy Fundamental rights, freedoms and civil liberties No discrimination, equality before the law Constitution supreme and binding Separate powers for legislature, executive, judiciary Independent judiciary and Constitutional Court
Multiparty government at three levels, regular elections, common voters' roll, proportional representation
Freedom of information, accountable administration
Diversity of language and culture acknowledged, collective rights of self-determination recognised and protected
Status of traditional leaders acknowledged Special majorities to amend Constitution Clear criteria for allocation of powers to different levels of government
Powers and functions of the national and provincial governments, and the boundaries of the provinces defined in the final Constitution
Each level of government has a constitutional right to an equitable share of revenue collected nationally
Provision made for right of self-determination in a territorial entity (Volkstaat Council)
The Constitutional Principles will not preclude constitutional provision for a notion of the right to self-determination, provided there is substantial support for such a form of self-determination. If a territorial entity in this regard is established before the new constitutional text is adopted, it shall be entrenched in the final Constitution
No new national executive or election before 30 April 1999
An Evaluation of the Three-Phase Transition as a process
a Preparatory phase
Ø At the time undefined
Ø Necessary
a Phase 1
Ø "Institutionalising" phase
Ø Alliances, formal and informal
Ø Bridging the gap between struggle, domination and government of national unity
Ø Maximum inclusivity attained
Ø Economy took strain
a Phase 2
Government of National Unity Provinciail governments Drafting of "final" Constitution Reconstruction and development Frustrated socio-economic expectations Alliances kept
a Phase 3
Ø Constitution in place
Ø RDP on its way
Ø Provincial governments settled
Ø Frustrated socio-economic expectations
Ø New alliances?
Features of the SA Transition
bosberade.