NEGOTIATIONS RESUME

By the end of June 1993, the negotiating council had reached sufficient consensus to instruct the technical committee on constitutional matters to draft an interim Constitution that would make provision for:

  • the election on 27 April 1994 of a transitional Parliament;
  • the transitional Parliament to draft a final Constitution within the framework of 34 constitutional principles;
  • a transitional multi-party Government of National Unity;
  • quasi-federal regional/provincial governments;
  • a transitional Bill of Rights; and
  • a constitutional court.

 

On the evening of 17 November 1993, President De Klerk and Nelson Mandela met to resolve six outstanding issues on which the negotiating teams had failed to reach agreement (the ‘six pack’). These included:

  • the manner in which the Government of National Unity would take decisions;
  • some aspects of the powers, boundaries, and functions of provinces;
  • the right of provinces to adopt their own Constitutions;
  • aspects of the management of the 27 April election;
  • mechanisms to settle disputes; and
  • aspects of how the Government of National Unity would function.

All six issues were resolved, enabling Parliament to adopt the 1993 Constitution on 22 December 1993.

Cyril Ramaphosa at meetings

Negotiation meeting

Cyril Ramaphosa birthday celebration

“I have repeatedly examined myself, before God and my conscience – and I wish to
say here today, that I am more convinced now than ever that I have made
the right choices. I believe there is no better way than by assuring justice to
all South Africans.”

The 34 Constitutional Principles

The adoption of the 34 constitutional principles was an important compromise in the negotiations. It meant that minority parties could be assured that core principles, which were of the greatest importance to them, would be included in the final constitution. At the same time, it met the ANC’s demand that the final constitution would have to be adopted by a duly elected constitutional assembly.