CODESA: Convention for a Democratic South Africa
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- ItemCODESA : first plenary session, direct transcription & relevant documents, 20 & 21 December 1991(1991) Convention for a Democratic South Africa : (Kempton Park, South Africa); Corbett, Michael McGregorThe 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.
- ItemCODESA : 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.
- ItemConstitution of the Republic of South Africa : draft outlines(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional IssuesThe 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.
- ItemDocument pack(CODESA, 1993) South Africa. Multi-Party Negotiating Process. Plenary SessionThe document pack consists of four volumes. Volume 1 contains guidelines and rules for the Plenary, as well as descriptions of Bills already approved. Also contained in this volume are the following documents: The Bilateral Understanding on Outstanding Constitutional Issues Between the South African Government and the African National Congress, the System for the Election of the National Assembly and SPL , and Provisions Which Will be Included Elsewhere in the Constitution. Volume two contains breakdowns of the following Bills: The Transitional Executive Council Bill, The Independent Electoral Commission Bill, The Independent Media Commission Bill and the Independent Broadcasting Authority Bill. Volume three contains the report from the Commission on Regions/States/Provinces, as well as the reports of the Commission on National Symbols and the Task Group on the Identification and Repeal of Legislation Impeding Free Political Activity. The volume also contains a list of contributors to the Multi-Party Negotiating Process, as well as the schedule for the meetings of the Negotiating Forum, Negotiating Council and Planning Committee . There is also a list of participants from Foreign Missions. Volume four contains the 1993 draft of the Constitution of the Republic of South Africa.
- ItemFirst meeting of the Transitional Executive Council 7 December 1993(CODESA, 1993) South Africa. Transitional Executive CouncilThis 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.
- ItemIndependent 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 AuthorityThe 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.
- ItemIndependent Electoral Commission Bill : drafts(1993) South Africa Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on an Independent Electoral Commission.The Independent Electoral Commission Bill was drafted six times before it was finally accepted. The aim of the Bill was to provide for the establishment of the Independent Electoral Commission. The Commission would be responsible for ensuring that elections were conducted in a free and fair manner. Draft one was tabled at a meeting of the Negotiating Council on 21 May 1993. The draft was compiled by three members of the Technical Committee – Mr R B Rosenthal, Prof. D. Davis and Adv. H. R. Laubscher. The second draft expanded on the functions and duties of the Independent Electoral Commission and noted that the Act would possibly have to be amended to accommodate the redrafting of the existing Electoral Act. The third draft of the Bill contains a large number of textual changes, accompanied by footnotes to explain the changes. The purpose of the fourth draft was to formulate the Bill into a document suitable for presentation to Parliament. The Report of the Ad Hoc Committee on the Independent Electoral Commision Bill contains draft 5 of the Bill, as well as an explanatory memorandum, which states that all differences which had arisen during debates had been resolved. Added phrases and clauses are highlighted in bold type. Draft six is the final draft.
- ItemIndependent 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 AuthorityThe 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.
- ItemMeeting 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/RegionsThis 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.
- ItemReport 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/RegionsOn 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.
- ItemSubmissions received(CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Commission on the Demarcation/Delimitation of States/Provinces/RegionsThese documents contain submissions from individuals, traditional leaders, political parties, municipalities and NGOs regarding the division of South Africa into regions. Many of them contain maps illustrating the proposed regions. The submissions are broken down into categories, which unfortunately exclude submissions from individuals: Technocratic submissions. These submissions present scenarios based solely on technical criteria, such as water supply, telecommunications, electricity, policing, etc. They contain no references to political criteria such as legitimacy. None of these submissions recommend that further consultation might be necessary. Right Wing submissions. There are 4 submissions in this category. All of them refer to specific regions which they claim as a “volkstaat”. They all propose different regions for a “volkstaat”. Only one of the submissions makes reference to mechanisms for grassroots consultation among Afrikaners regarding regional boundaries. National Political Actors. There are 8 submissions in this category from political parties. Some of the parties suggested that further consultation was needed. Political actors such as the Transkei, Ciskei and Bophutatswana produced regionally specific, rather than national maps. Others. These include submissions from various organization such as SACOB, DBSA, Free Market Foundation, NAFCOC, etc.
- ItemSurvey 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/RegionsThe 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.