CODESA: Convention for a Democratic South Africa

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CODESA : first plenary session, direct transcription & relevant documents, 20 & 21 December 1991
(1991) Convention for a Democratic South Africa : (Kempton Park, South Africa); Corbett, Michael McGregor
The first plenary session of the Convention for a Democratic South Africa (CODESA) was held from 20-21 December 1991, at the World Trade Centre Kempton Park. Chief Justice Michael Corbett opened the session, and the presiding judges were Petrus Shabort and Ismail Mohamed. Delegates from nineteen political parties attended, as well as leaders from the various homeland governments. Representatives from the United Nations and the Organisation of African Unity were also present. Speeches were made by prominent figures such as Chris Hani, Nelson Mandela, F.W. De Klerk and Helen Suzman . The terms of reference and the assignments of the five working groups, tasked with dealing with important issues facing South Africa, were discussed in detail. At the conclusion of the session, the delegates signed the Declaration of Intent, thereby committing themselves to negotiations and to the establishment of a democratic, non-racial South Africa.
CODESA : second plenary session, direct transcription & relevant documents, 15 & 16 May 1992
(Seemac Transcriptions, 1992) Convention for a Democratic South Africa : (Kempton Park, South Africa)
Speeches made by political leaders regarding the failure of Working Group 2 to reach agreement on the issue of democratic constitution making. The failure of Working Group 2 meant that there could be no effective implementation of the measures proposed by the other Working Groups. CODESA 2 was effectively deadlocked. The blame for the deadlock was laid firmly at the door of the South African Government. The National Party’s concerns regarding the representation of minority rights in Parliament was perceived as an attempt to cling to power.
Working documents for CODESA 2, 15 & 16 May 1992
(CODESA, 1992) Convention for a Democratic South Africa : (Kempton Park, South Africa)
Volume one contains the standing rules of CODESA and the assignments and terms of reference of 4 of the 5 Working Groups. Working group 1 was tasked with addressing itself to the creation of a climate for free political activity for all South Africans. They were also asked to consider the role that the International Community could play in the period leading up to the new constitution. Working Group 3 had to make recommendations as to how the country should be governed until the introduction of the new Constitution. Working Group 4 had to consider the future of the TBVC states , with a view to their re-incorporation into South Africa. Working Group 5 was asked to set up time frames for the completion of all the processes and assignments undertaken by CODESA, its working groups and other bodies created as a result of the decisions of CODESA. The report for Working group 2 is not included in this volume, but can be found in volume 2.
First meeting of the Transitional Executive Council 7 December 1993
(CODESA, 1993) South Africa. Transitional Executive Council
This document contains the agenda and minutes of the first meeting of the Transitional Executive Council, which was held on 7th December, 1993. As a result of this meeting, several resolutions were adopted. The most important of these was the resolution to establish the Independent Electoral Commission and the Special Electoral Court, as contemplated in the Independent Electoral Commission Act. A resolution was also taken to establish the Independent Media Commission, as contemplated in the Independent Media Commission Act of 1993. The document also contains the Memorandum on the objects of the Independent Electoral Commission Amendment Bill, as well as the Bill itself.
Special report on the respective roles and powers of the Postmaster General and the Independent Broadcasting Authority
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on the Independent Media Commission and the Independent Telecommunications Authority
This report by the Technical Committee on the Independent Media Commission and the Independent Telecommunications Authority deals with the roles and powers of the Postmaster General and those of the Independent Broadcasting Authority. In particular, it deals with issues pertaining to broadcasting frequencies and broadcasting signal distribution
Independent Broadcasting Authority Bill: drafts and special reports
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on the Independent Media Commission and the Independent Telecommunications Authority
The aim of the Independent Broadcasting Authority Bill was to provide for the regulation and promotion of broadcasting activities throughout South Africa, in the public interest. The Bill made provision for the establishment of the Independent Broadcasting Authority (IBA), and defined its powers, functions and duties. The IBA was tasked with the planning and management of all broadcast frequencies, and the issuing of broadcasting licenses. This document contains working drafts 4-6 of the Bill, as well as the special reports on working drafts 5 and 6 of the Bill.
Report on regions
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Planning Committee on Regions
On 7th May 1993, the Negotiating Council agreed that the Planning Committee should submit recommendations to it on the appointment, terms of reference and time frames of either a commission or a committee on regions. The Planning Committee asked the Technical Committee on Constitutional Issues for recommendations in this regard. The Technical Committee reported, that based on the submissions it had received, there appeared to be broad agreement that the most suitable form of state for the future would be one which would involve all allocation of powers to a central government and regional governments. The differences that existed related to boundaries, and the powers and functions of the regions. The Technical Committee suggested that there was a clear role for a broadly based Commission which could deal with demarcation issues. The Committee gave recommendations regarding the establishment of the Commission, its composition, terms of reference and functions. A suggestion was made that the Commission be required to submit its recommendations to the Negotiating Council, no later than one month after its appointment. A recommendation was made that the Commission should take the following factors into consideration: historical boundaries, the need to rationalize existing structures (including the TBVC states and self- governing territories), the need to minimize inconvenience to the people, cultural and language realities, economic viability, developmental potential and demographic considerations. The Planning Committee, with the assistance of the Technical Committee was tasked with preparing draft terms of reference for the Commission, which would then be considered by the Negotiating Council.
Report of the Commission on the Demarcation /Delimitation of SPRs
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Commission on the Demarcation of States/Provinces/Regions
On 28th May 1993, the Negotiating Council of the Multiparty Negotiating Process established the Commission on the Delimitation/Demarcation of SPRs (states, provinces, regions). The Commission consisted of 15 members and was given a time frame of 6 weeks to complete its mandate. The Commission held its first meeting on 8th June 1993 and reached a decision by 31 July 1993. The task of the Commission was to make recommendations on the demarcation of SPRs in South Africa. The question of structures, powers and functions of the SPRs was not included in the Commission’s terms of reference. The Commission was required to hear representations from the public , and to allow all interested parties to submit their views within a specific period of time. The Commission’s working procedure was to gather information and to hear evidence. They then processed the information and prepared a final report. The Commission did not try to predetermine the appropriate number of SPRs nor their size. Rather it sought to obtain guidance on these issues by examining submissions received, and by applying the criteria provided by the Negotiating Council. They also took into account international experience regarding the process of demarcation of regions and the criteria for the demarcation of regions. The Commission reported back to the Negotiating Council and recommended that 9 regions be demarcated.
Special reports on confederalism
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues.
The Technical Committee on Constitutional Issues drafted two reports, in which it dealt with the submissions received from the Conservative Party and the Government of Bophuthatswana concerning the issue of confederalism. The Conservative Party requested an Afrikaner state, separate from the rest of South Africa. The Party provided details of the governance and legal system of the state it envisaged. However, the Committee was of the view that no state could exist in vacuo. While the Committee did not contest the right of the Afrikaner people to self determination, it was of the opinion that as a minority group they could be protected in the South African state within the ambit of the constitutional principles, which were being debated in the Negotiating Council. The issue of citizenship was also problematic, because all non-Afrikaners residing in the state would be disenfranchised. They would be regarded as aliens. This was not acceptable to the Committee. The government of Bophutatswana requested a confederation of states, i.e. a voluntary association of separate independent TBVC states. The Committee pointed out that the TBVC states were not recognized as independent states by the international community. Another problem was that the TBVC states were interspersed between existing regions and provinces of South Africa. They were to all intents and purposes part of South Africa. Furthermore, the inhabitants of the TBVC states were South African by birth, before these states became independent. There were strong indications that they and their descendants wished to regain this status. Finally, the demographics, economic systems, financial viability and the politics of the TBVC states were intrinsically linked to those of South Africa. Thus a semi-confederal or hegemonic state system for South Africa and the TBVC states was not possible.
Reports of the Technical Committee onViolence.
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Violence.
Consists of reports 1-5 of the Technical Committee on Violence, which were compiled between May and July 1993. The Committee received over 90 submissions, and the common thread running through all of these submissions was the conviction that political negotiations could not succeed unless there was a reduction in violence. Among the submissions was a recommendation that all parties involved in the Multi-Party negotiating process should sign the Peace Accord, and that the Peace Accord should be strengthened. The Committee made a number of recommendations with regards to acceptable forms of political rivalry, in an effort to reduce politically motivated violence. The Committee submitted 13 proposals to the Negotiating Council and recommended that the Council adopt the proposals, in order to eliminate violence. The final report contains issues raised by the Negotiating Council at its meeting on 22nd June 1993, and the Committee’s responses to these issues.
Transitional Executive Council Bill: drafts
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on the Transitional Executive Council
This document contains drafts 15 and 16 of the Transitional Executive Council Bill. The aim of the Bill was to establish a Transitional Executive Council which would work with the legislative and executive structures in South Africa, to prepare the country for the transition to a new democratic order. The drafts outline the objectives of the Council, how it was to be constituted and the powers and duties of the Council and the sub-councils
Meeting of the Commission on the Delimitation/Demarcation of Regions and the technical staff, 17 July 1993
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Commission on the Demarcation/Delimitation of States/Provinces/Regions
This document contains the agenda for the meeting of the Commission held on 17th July, 1993, as well as the minutes of the meeting held on 10th July, 1993. It also contains the draft framework for the final report on the demarcation of regions, as well as a discussion document on the criteria for the demarcation/delimitation of regions. There is also a working document which was meant to facilitate discussion, and eventually form the basis of the “Perspective on Submissions” chapter of the final report.
Reports of the Technical Committee on the Repeal or Amendment of Legislation Impeding Free Political Activity and Discriminatory Legislation
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on the Repeal or Amendment of Legislation Impeding Free Political Activity and Discriminatory Legislation
The Technical Committee on the Repeal of Discriminatory Legislation was tasked with investigating discriminatory legislation which impeded free political activity. This included discriminatory laws which constituted the foundations of political apartheid, laws which were inherently discriminatory, and laws which impeded free and fair elections. The Committee was asked to prepare a report which would include a schedule dealing with laws to be repealed and laws to be amended. The Committee was also tasked with preparing a “Higher Code”. The purpose of the Code was to serve as a “higher law” to be used for judging all Acts that could impede free and fair elections. This document contains 3 reports of the Committee. The first report dated 13th May, 1993, contains the Committee’s proposals for accomplishing its tasks, as well as the principles and powers to be contained in the “Higher Code”. The final report of 1st June, 1993, contains a list of discriminatory laws, as well as the “Higher Code”. Annexure B contains Government Gazette no. 14591 of 19th February 1993, which consists of draft Bills. Annexure C contains submissions from various political parties on the repeal of discriminatory legislation. The third report of 15th July, 1993, to the Negotiating Council, contains the outcome of the Committee’s meetings with the Transitional Executive Council, the Independent Electoral Commission, and the Committee for Fundamental Rights during Transition.
Reports.
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Commission on National Symbols.
The Commission on National Symbols was appointed by the Negotiating Council on 7th September 1993. It was impressed upon members of the Commission that they would be addressing an extremely emotional issue that would have to be dealt with with the utmost sensitivity. Proposals for a national flag, a coat of arms, a seal and an anthem for the transitional period were to be requested from all interested parties. Letters were sent to universities, technicons and 24, 000 schools, with the aim of achieving maximum participation. The Commission was given only six weeks to achieve its goals. Artists had barely a month to prepare submissions. Despite this, 81 designs for a national coat of arms and seal were received, and there were 7 000 submissions for the national flag. There were 120 submissions on the national anthem. The Commission recommended that the anthem should express and promote national unity. It was therefore proposed that the music of Nkosi Sikelel’I Africa and Die Stem van Suid Afrika be considered as dual anthems for the transitional period. The Commission submitted its report to the Negotiating Council on 19th October, 1993. The Negotiating Council decided not to make a decision regarding the flag, due to the sensitivity of the matter. The Council recommended that the Heraldry Council should be consulted regarding this issue. It was decided that the existing coat of arms should remain for the transitional period. The issue of the national anthem, being a highly emotive one, was to be referred to bilateral meetings.
Survey of available information on the criteria for the demarcation of regions
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Commission on the Demarcation/Delimitation of States/Provinces/Regions
The Commission on the Demarcation/Delimitation of Regions undertook a survey of the information pertaining to the demarcation of regions, including where such information was located and in what form it was available. Using designated criteria for the demarcation of regions as the terms of reference, the Commission was able to identify the types of information that might be needed. The survey was preliminary in nature, and was therefore not comprehensive. The categories of information collected were grouped into the following topics: 1. Socio-economic/development 2. Physical infrastructure 3. Social infrastructure (Health, Education and Welfare) 4. Institutional and administrative capacity 5. Finances, including income and expenditures of TBVC, SGT and regional governments 6. Maps of boundaries (i.e. provincial, magisterial, district and RCS boundaries). Information and data published in articles, institutional documents and statistical reports are included in the survey. The survey also includes a development information framework document, which was provided by the Development Bank of Southern Africa's Centre for Information Analysis. In addition to this, the Department of National Health and Population Development provided a document on health trends in South Africa.
Constitution of the Republic of South Africa : draft outlines
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
The purpose of the draft Constitution was to introduce a new Constitution for the Republic of South Africa. It was endorsed by the last Apartheid parliament and became the Constitution of the Republic of South Africa Act 2000 of 1993. It was intended to provide a bridge between the past and the future, and provided the legal foundation for the continued existence of South Africa. It contains the Bill of Rights, and outlines civil and political rights. It also deals with the limitations of those rights. Conditions for amendments to the Constitution are also dealt with. In addition, it defines the structure of government and lays out parliamentary procedures. It defines the powers of the judiciary and outlines the powers and functions of the public service and the police and defence force.
South Africa. Negotiating Council of the Multi-Party Negotiating Process. Techncial Committee on Fundamental Rights During The Transition.
(CODESA, 1993)
The Technical Committee on Fundamental Rights During the Transition concerned itself only with those rights and freedoms regarded as essential for the transition to democracy in South Africa. The Committee was not tasked with compiling a Bill of Rights for South Africa. The Committee considered the criteria necessary for regarding rights and freedoms as fundamental. Three categories were initially identified, but these were later reduced to two, namely those rights necessary to ensure democracy during the transition, and those aimed at the overall security and well-being of all citizens during the transition. The Committee looked at the means and mechanisms for the entrenchment of fundamental rights and freedoms, as well as the criteria for the limitation and suspension of those rights and freedoms.
Reports of the Technical Committee on the Transitional Executive Council and Sub-Councils
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on the Transitional Executive Council and Sub-Councils
The Technical Committee on the Transitional Executive Council was of the opinion that a Transitional Executive Council (TEC) was needed during the period leading up to the first democratic elections. It was felt that a TEC would offer participants in the Multi-Party Negotiating Process an opportunity to participate in matters relating to the effective and satisfactory management of the first stage of the transition to democracy. In this document, reports 1-3 and 5-6 deal mainly with the composition, powers and functions of the proposed Transitional Executive Council and its sub-councils. The 4th report contains the 4th working draft of the Transitional Executive Council Bill, as well as the opinions expressed by various political parties regarding the need for a Transitional Executive Council
Draft Electoral Bill
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on an Independent Electoral Commission.
The purpose of the draft Electoral Bill was to regulate elections for the National Assembly and all provincial legislatures to be elected in terms of the Constitution of the Republic of South Africa Act, 1993. This document contains versions 2-7 of the draft Bill. The second version includes an explanatory memorandum by the Technical Committee on the Electoral Bill, explaining substantive changes that needed to be made due to comments , suggestions and criticisms made against the first version by members of the Negotiating Council. The second version attempts to address these comments, suggestions and criticisms. Certain changes were made with regards to entitlement to vote, procedures for registering parties, foreign votes and special votes. The third version of the Bill contains the CSIR’s second interim report on the ink and sensors to be used in the April 1994 election. Versions 5 and 6 contain clauses printed in italics. These do not represent final formulations, but reflect the outline proposals adopted by the Task Group. Some clauses are also in italics to indicate that they had not yet been settled by the Technical Committee.
Independent Media Commission Bill : drafts and special reports
(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on the Independent Media Commission and the Independent Telecommunications Authority
The aim of the Independent Media Commission Bill was to establish the Independent Media Commission for the purpose of ensuring, during the period of the first national election for the National Assembly and other legislatures, the equitable treatment of political parties by broadcasting services. The Bill further sought to ensure that state financed publications and state information services did not advance the interests of any political party. The Bill also contains the composition, powers, functions and duties of the Commission. This document contains drafts 6-12 (final) of the Bill, as well as the special reports on the 9th and 10th drafts of the Bill. The agenda for the discussion of the final draft of the Bill is also included.

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