CODESA: Convention for a Democratic South Africa

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Browsing CODESA: Convention for a Democratic South Africa by Type "Report"

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    First report of the Ad Hoc Committee on Sufficient Consensus
    (CODESA, 1993) South Africa. Multi-Party Negotiating Process. Negotiating Council. Ad Hoc Committee on Sufficient Consensus.
    This report contains the recommendations of the Ad Hoc Committee on Sufficient Consensus: The issue of sufficient consensus was discussed in the Negotiating Council on 18th June, 1993. The matter was referred to the Planning Committee for consideration. On the recommendation of the Planning Committee, the Negotiating Council established an Ad Hoc Committee on Sufficient Consensus, consisting of 5 members. They were assisted by the Sub-Committee of the Planning Committee, consisting of 3 members. The Ad Hoc Committee had two discussions. The first was on the 24th June 1993, and the second was on 20th July, 1993. The Committee identified the following issues: The application of sufficient consensus as opposed to the formulation of the Standing Rules; the need to explore the concept of insufficient consensus; the problem of filibustering ; the need for systematic procedures/guidelines for the Chairperson. The Committee recommended that the Standing Rules for the meetings of the Negotiating Forum and the Negotiating Council should remain as they were, and that a set of guidelines should be formulated to facilitate the application of the Rules. The Committee recommended that participants to the Negotiating Council should try to create a constructive negotiating spirit. This would help to avoid “filibustering” or “majoritarianism: The Committee made recommendations on procedural guidelines for the Chairperson, and suggested mechanisms which the Chair could use to counter “filibustering”, and maximise consensus. Finally, the Committee suggested that in order to ensure that good progress was made in the negotiating process, clear time frames would have to be stipulated by the Negotiating Council in respect of any mechanisms employed.
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    Ninth report of the Technical Committee on Constitutional Issues to the Negotiating Council ,10th August 1993
    (CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
    The ninth report of the Technical Committee on Constitutional Issues contains a draft outline of the Constitution for the transitional period.
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    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.
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    Reports 12 to 27 of the Technical Committee on Constitutional Issues
    (1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
    This volume contains reports 12-27 of the Technical Committee on Constitutional Issues, and deals with a wide range of constitutional issues: Report 12 deals with the structure and functioning of the courts in the new South Africa. The 13th report deals with local government and outstanding matters requiring the urgent attention of the Negotiating Council. Report 14 deals with the office of the Ombudsman and the Human Rights Commission. The 15th report presents proposals for provisions relating to the establishment of a Commission for Administration and the Public Service. Report 16 deals with the procedure for the election of the President of the Republic of South Africa. The 17th report deals with issues related to finance. It deals with the transfer of assets and liabilities from the existing administration to the new administration. Provision also had to be made for the operation of a national revenue account, the control of state expenditure, the appointment of an independent Auditor General and the establishment of the Fiscal and Financial Commission. Report 18 deals with issues regarding the establishment of provinces and provincial legislatures. Report 19 deals with the executive powers of the Republic, such as the election, powers and functions of the President, as well as the accountability of ministers and the Cabinet. Report 20 deals with the establishment, status and financing of local government. Report 21 contains constitutional principles as they were presented to the Negotiating Council in the draft outline of the Constitution on 20th August 1993. Report 22 covers procurement procedures, the disqualification of members of Parliament, the vesting of property, the National Revenue Fund, and the powers of the Auditor General and the Reserve Bank. Report 23 contains part of the draft Constitution relating to the Public Protector, the Human Rights Commission, the Auditor General, the South African Reserve Bank, the Financial and Fiscal Commission, the Public Service Commission and the Public Service. Report 24 is a preliminary draft of chapter 10 of the Constitution which deals with traditional authorities and local government. Report 25 contains a draft of chapter 7 of the Constitution dealing with the judiciary, local government and a new chapter on local authorities. The 26th report contains a draft of chapters 1-2 and schedule 7 of the Constitution dealing with formal and constituent provisions, citizenship and the franchise and Constitutional principles. Report 27 contains a draft of chapters 13 and 14 of the Constitution, dealing with the South African police force, the establishment of a national defence force and general and transitional provisions.
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    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
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    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
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    Supplementary reports
    (CODESA, 1993) South Africa. Negotiating Council of the Multi-Party Negotiating Process. Technical Committee on Constitutional Issues
    This document contains four supplementary reports which the Technical Committee on Constitutional Issues submitted to the Negotiating Council. The contents of these reports consists mainly of amendments of sections of the Committee’s original reports on draft constitutional principles . The first supplementary report deals with issues contained in paragraph 2 of the Technical Committee’s third report, which were referred back to the Committee for reformulation. The second supplementary report contains responses to a number of issues raised by the Negotiating Council in response to paragraphs 2 and 3 of the Committee’s third report. Where issues were raised, the Committee identified them and made the necessary recommendations for the finalization of the relevant constitutional principles. The issues raised mainly centered around the wording of the principles regarding the status of indigenous laws and traditional leadership, and the fiscal powers and functions of different levels of government. The third supplementary report deals with the issues which were raised when the constitutional principles were revisited during a debate in the Negotiating Council. Once again, where issues were raised, they were identified and the necessary amendments were made. The fourth supplementary report deals with outstanding matters, and with certain typographical and grammatical errors in the constitutional principles adopted by the Negotiating Forum
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    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