I. S.OTHER THEORETICAL EXPLANATIONS OF CONFLICT IN MANDINI Three other basic theoretical positions account for the conflict and violence which
2. HISTORICAL BACKGROUND OF THE SOUTH AFRICAN CONFLICT 1. INTRODUCTION
2.5. CONFLICT RESOLUTION THE TRANSITION TO DEMOCRACY IN SOUTH AFRICA
Following the release of Nelson Mandela from prison on 11 February 1990, the phase of democratization began in South Africa. This set the stage for bilateral meeting between the ANC and the South African government. This bilateral meeting produced the Groote Schuur Minute57 which then produced a working group of the ANC and the National Party (NP) government to provide the definition of political offences, advise on norms and mechanisms for dealing with the release of political prisoners and the granting of immunity in respect of political offenses to those inside and outside the country. The government also undertook to review the then existing security legislation and to lift the state of emergencl8. Four months later, the parties signed the Pretoria Minute59 in which the ANC committed itself to suspending all armed actions with immediate effect. On
56 See Indicator South Africa Issue Focus. 1992. pp. 03 - 07.
57 The Groote Schuur Minute was signed on May 3, 1990
58 See Adam Habib (in course pack for Political Science One. 1997. From National Democracy to Consensus Democracy. Chapter 4. pp 62
59 Pretoria Minute was signed on August 6, 1990.
February 12, 1991 the ANC and the NP government concluded the D F Malan Accorcf°.
The Accord committed the ANC to preventing subversive acts by its members, including attacks by means of armaments, firearms, explosives, infiltration of men and material, creation of underground structures, statements inciting violence, threats of armed action and training inside South Africa61•
Equally revealing, the National Peace Accord (NP A) was also signed between the state, the ANC and the IFP in September 1991, designed to move South Africa into the early stages of power sharing. The NP A was viewed as an unprecedented social contract, extracting a solemn declaration of intent from political parties and the security forces.
The NP A was a multilateral agreement backed up by practical procedural mechanisms. It signifies common purpose to bring an end to political violence and to set out codes of conduct. Freedom of conscience and belief, freedom of speech and expression, freedom of association, freedom of movement, peaceful assembly and peaceful political activity were the basic principles of the NP A. The provisions for the security forces maintained that the police shall endeavor to protect the people of South Africa in a rigorously non- partisan fashion, endeavor to prevent crimes and attempt to arrest and investigate all those reasonably suspected, and be guided by a belief that they were accountable to society and shall conduct themselves so as to secure and retain the respect and the
60 Although the Accord prohibited any party or movement from maintaing the private army, it recognized Umkhonto We Sizwe (MK- the military wing of the ANC) as a legal organization and continued membership in it was not conceived as a violation of the Pretoria Minute.
61 See Adam Habib. (In Course pack for Political Science One. 1997. Chapter 4. pp 61 - 62
approval of the pUblic62. The special crime courts were also to be established to deal exclusively with unrest-related cases.
On December 20-21, 1991 the formal negotiations began with the first plenary session of the Convention for a Democratic South Africa (CODESA) resulting in 17 parties signing the Declaration of In ten l 3. Five working groups were then established with representatives from all signatories dealing with the creation of free political activity, constitutional principles, transitional arrangements, the future of the homelands and time frames and implementations. The second plenary session of CODESA broke down as the war of words erupted between the ANC and NP due to the stalemate or deadlock over constitutional principles. The public manifestation of the deadlock revolved around the dispute as to whether 70 or 75 percent should be required for the adoption of the permanent constitution by the constituent assembly. This stalemate produced tense relations between the ANC and the NP. The Boipatong Massacre aggravated this tense relationship on June 17 where hostel residents in the Slovo squatter camp at Boipatong massacred 40 people. The ANC strongly believed that the massacre was sponsored by the state and that the very same state still continued to sponsor violence against it. The ANC then proposed a series of mass actions and tabled fourteen demands
62 See Saturday News. 14/09/91.
63 The IFP and the Bophuthatswana government did not sign the Declaration of Intent. The underlying motive behind their refusal to sign was that the Declaration in its nature represented a commitment to a unitary state. The IFP subsequently signed the Declaration after the amendment clarified that the tenn did not preclude a federal design for the future South African state. Although the PAC attended the initial proposals, it subsequently withdrew from the proceedings.
to the regime before it could resume the negotiations64. These involved agreeing to a democratically elected Constituent Assembly (CA) and an Interim Government of National Unity, an international Commission of Inquiry into the Boipatong massacre and the release of all political prisoners.
Moreover, a programme of mass action, which proved to be successful, was launched principally to force the government to accede to the ANC's demands. The Bisho Massacre later terminated this program of mass action where the Ciskei soldiers on a march to that homeland murdered 29 people. After heavy public criticism, the ANC suspended its program of mass action. The government and the ANC subsequently met in Pretoria and a Record of Understandinl5 was signed by these two parties on the 26th of September 1992. This accord served as the political platform for the resumption of the bilateral, and subsequently, multilateral negotiations. The Record of Understanding committed the government to a democratically elected constituent assembly and an interim government of national unity, the banning of the public display and carrying of dangerous weapons and the release of all political prisoners. In return, the ANC committed itself to reviewing its program of mass action66.
As an alternative, Inkatha formed the Conference for Concerned South Africans (COSAG) with the homeland government of Bophuthatswana, Ciskei, and white right
64 See Memorandum to F.W. de Klerk from Nelson Mandela on the 2ih of June 1992. De Klerk denied these charges. See Memorandum to Mr Nelson Mandela from F.W. De Klerk on the 2nd of July 1992.
65 The significance of the Record of Understanding was that it realigned the political relationships within the negotiations. It also suggested that the NP was jettisoning its strategic relationship with the ANC.
Inkatha came out strongly against the Record of Understanding.
66 See Adam Habib. (In Course pack for Political Science One. From National Democracy to Consensus Democracy. 1997. Chapter4. pp 65-66
wmg groups like the Conservative Party (CP), Afrikaner Volksunie and Afrikaner Freedom Front (FF).
Moreover, the "sunset-clause" introduced by Joe Slovo in an article entitled
"Negotiations: What Room for Compromise" provided for compulsory power sharing for a fixed number of years. Although it created divisions within the alliance at first, it served as an eye-opener for the negotiating parties. Slovo maintained that the ANC should reconcile itself to the fact that the immediate outcome of the negotiating process would inevitably be less than perfect when measured against their long-term strategy. The Slovo's sunset clause prompted an intense debate within the Congress alliance. The ANC then produced a draft policy document entitled "Negotiations: Strategic Perspective" in which Slovo's analysis and proposals were endorsed. The multi-party negotiations led by the ANC and NP were then facilitated at World Trade Center (Kempton Park Negotiations). Although there was a big difference between the constitutional proposals of the ANC and NP, nevertheless, a compromise was reached and a date was set for national general elections, 27 April 1994.