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CODESA

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CODESA

Formal Negotiations Begin

Formal negotiations began at the Convention for a Democratic South Africa (CODESA) on 21 December 1991.

CODESA adopted ‘a Declaration of Intent’ that set out its commitment to the establishment of a constitutional democracy with full human and political rights and recognition of cultural and language diversity.

CODESA established five working groups to deal with:

The creation of a climate for free political participation;
Constitutional principles, including federalism and the manner in which the new constitution would be adopted;
Transitional arrangements;
The reincorporation of the independent homelands; and
The speedy implementation of decisions made by the other working groups.

CODESA

The Declaration of Intent

The 19 parties participating in CODESA signed a Declaration of Intent to establish;

A united, democratic, non-racial, and non-sexist state in which the constitution would be supreme and would be guarded over by an independent judiciary.
There would be a multiparty democracy with a separation of powers and a proportional electoral system.
The diversity of languages, cultures and religions would be acknowledged and there would be a justiciable bill of rights.

The parties declared themselves to be bound by the agreements they reached together with the other participants in CODESA in accordance with the standing rules and committed themselves to the implementation thereof within their capacity, powers and authority.

The White Referendum

After serious by-election loss to the right-wing conservative party on 19 February 1992, the conservative claimed that the National Party no longer had a mandate to proceed with constitutional negotiations. President de Klerk decided to hold a referendum among White voters to test their continuing support for negotiations.

The question was:

“Do you support the continuation of the reform process that the State President started on 2 February 1990 and which is aimed at a new constitution through negotiation?”

The result was an overwhelming endorsement for negotiations:

• 67,83% of White voters voted ‘yes’; • 31,27% voted ‘no’.

President de Klerk had a clear mandate to continue with the negotiations.

The Breakdown of CODESA

Although CODESA made progress on the outline for a constitutional settlement it broke down when it could not agree on the percentages that would be required for the adoption of a final constitution. This resulted in the collapse of CODESA I

CODESA II convened on 15 May 1992 – but failed to resolve differences on the nature of the interim government and the percentages required to adopt the final constitution.

CODESA broke down finally on 17 June 1992 in reaction to the killing of 48 people at Boipatong in the Southern Transvaal. The ANC blamed the massacre on the government and withdrew from all the agreements that had been reached at CODESA.

The Record of Understanding

On 26 September 1992 the government and the ANC agreed to resume negotiations on the basis of a “Record of Understanding” that made provision for:

An interim constitution that would be agreed by the negotiating parties;
A democratically elected parliament that would also write a final constitution within the framework of agreed constitutional principles;
A government of national unity;
The release of all ANC prisoners who had committed crimes with a political motive; and
Moves to secure IFP hostels and to ban the carrying of traditional weapons.

The record of understanding opened the way to the resumption of constitutional negotiations – but incensed the IFP which withdrew from the process.

The Steyn Commission

On 16 November 1992 the Goldstone Commission discovered that a top-secret branch of military intelligence in Pretoria was continuing with unauthorised activities against the ANC.

President de Klerk appointed air force general Pierre Steyn to carry out a thorough investigation of the activities of military intelligence.

On 19 December Gen. Steyn reported that a limited number of SADF members had been involved in illegal or unauthorised activities. President de Klerk ordered:

The compulsory retirement of 16 SADF members including two generals and four brigadiers;
Compulsory leave for seven SADF members pending further investigations; and
Continuing investigations by Gen. Steyn, the Goldstone Commission, the SA Police and attorneys-general.