A Selected Chronology of Events in the South African Peace Process

[Adapted from Ebrahim, H. 1998. “Chronology of Events” Soul of a Nation: Constitution-making in South Africa. Cape Town: Oxford University Press.]

November 1985

Nelson Mandela writes to his prison warden and requests a meeting with the government, which is positively received.

5 July 1989

In a meeting with P.W. Botha, Mandela states in a prepared document: “I now consider it necessary in the national interest for the African National Congress and the government to meet urgently to negotiate an effective political settlement.”

21 August 1989

The OAU adopts the ANC’s Harare Declaration.

15 October 1989

Several ANC leaders are released from prison.

5 December 1989

6 000 representatives of the Mass Democratic Movement meet at the Conference for a Democratic Future and pass a resolution in favour of negotiations

12 December 1989

After meeting with Minister Kobie Coetsee and Gerrit Viljoen, Mandela writes t o F.W. de Klerk and again warns of the urgent need for negotiations to occur. The ANC’s National Executive Committee meets in Lusaka and resolves to consider the option of a negotiated settlement.

2 February 1990

F.W. de Klerk delivers a speech at the opening of Parliament in which he announces the unbanning of the liberation movements.

11 February 1990

Nelson Mandela is released from prison.

27 April 1990

The first group of ANC leaders returns to South Africa from exile.

2–4 May 1990

The Groote Schuur Accord is adopted, in which the government and the ANC agree on a common commitment to resolve the climate of violence and intimidation and on pursuing a process of negotiations. Temporary immunity is granted to members of the ANC’s National Executive Committee and others in the party. The government undertakes to review security legislation, to work towards lifting the state of emergency and to establish channels of communication between itself and the ANC.

6 August 1990

The Pretoria Minute is adopted, in which the government and the ANC agree that further releases of political prisoners will begin on 1 September 1990 and that indemnity will be granted to persons from 1 October 1990. The ANC unilaterally agrees to suspend all armed actions “in the interest of moving as speedily as possible towards a negotiated peaceful political settlement”. The two parties agree that the “the way is now open to proceed towards negotiations on a new constitution”.

12 February 1991

The D.F. Malan Accord is adopted in which the ANC’s undertaking to suspend all armed action is further defined to mean that there will be no armed attacks, or threats of attacks, infiltration of personnel and material, creation of underground structures, statements inciting violence and training inside South Africa. It is further agreed that membership to Umkhonto we Sizwe (MK), the ANC’s military wing, will not be unlawful; individual weapons will be licensed in terms of existing legislation; and the right to peaceful demonstrations will be maintained.

June 1991

The “Inkathagate Scandal” and revelations about SADF involvement in death squads and the ongoing violence emerge. The ANC suspends all bilateral meetings with the regime in response.

31 July 1991

An ANC National Executive Committee meeting demands the installation of an Interim Government. The ANC’s National Working Committee is instructed to begin laying the basis for the convening of an All Party Congress.

14 September 1991

The National Peace Accord is signed to bring an end to the violence. This is the first multi-party agreement.

October 1991

The ANC initiates bilateral discussions with, inter alia, the NP, the Labour Party, the IFP, parties operating in the homelands and the governments of Venda and the Transkei. Bilateral meetings take place between the ANC and NP government on 17, 24 and 31 October.

25-27 October

The Patriotic Front (PF), a loose alliance of parties holding an anti-apartheid position, is launched. The PF Conference agrees on a joint programme for the negotiated transfer of power. It is agreed that: only a constituent assembly elected on the basis of one-person-one-vote in a united South Africa could draft and adopt a democratic constitution; a sovereign interim government will be established, which should at the very least control security forces and related matters, the electoral process, state media and defined areas of budget and finance, as well as secure international participation; and that an All Party Congress should be held as soon as possible.

2–12 November 1991

The ANC prepares for the first All Party Congress and consults with the PAC, AZAPO, the DP, homeland leaders, Mass Democratic movement organisations, religious leaders and the NP government. Broad agreement is reached. The first All Party Congress meeting is scheduled for 29 and 30 November 1991. Its agenda includes: a climate for free political participation; general constitutional principles; a constitution making body; an interim government; the future of the Transkei, Bophuthatswana, Venda and Ciskei (TVBC) states; the role of the international community, if any, and time-frames.

29–30 November 1991

The All Party Preparatory Meeting takes place, with twenty organisations and parties attending. It is decided that the name of the All Party Convention be the Convention for Democratic South Africa (CODESA). It is agreed that the first meeting of CODESA take place on 20–21 December 1991. For instances in which consensus fails to emerge, the principle of “sufficient consensus” as a decision-making mechanism is agreed to. The PAC accuses the ANC of “selling out” and walks out of CODESA ten minutes before the end of the meeting.

20–21 December 1991

The first meeting of CODESA takes place. The meeting adopts a “Declaration of Intent”, which all parties, except for the IFP and the Bophuthatswana government, sign. The NP government apologises officially for the policy of apartheid and confirms for the first time that it is prepared to accept an elected constituent assembly provided that it also acts as an interim government. Nelson Mandela launches a fierce public attack on F.W. de Klerk.

February 1992

The regime accepts the ANC’s demand for an interim government and the principle that a new South Africa be non-racial, non-sexist and democratic. An initial agreement on general constitutional principles is produced. The regime remains insistent that MK be actually disbanded, but the ANC’s position is that only an interim government can decide MK’s fate.

17 March 1992

An all-white referendum is held, in which the regime receives overwhelming support for reform.

23 March 1992

The ANC tables proposals for an “Interim Media Structure”, which argue that the media has a central role to play in levelling the political playing field. The establishment of an Independent Media Commission is proposed.

7 April 1992

Initial agreements emerge. Negotiations produce initial agreement that an interim government should take place in two stages: the first stage would consist of the formation of a Transitional Executive Council (TEC); the second stage would commence after the elections and consist of the interim government and constituent assembly. The TEC would be multi-party in form and would function alongside the existing tri-cameral parliament. Multi-party sub-committees of the TEC with executive powers would be established for key areas of government.

15–16 May 1992

CODESA II deadlocks on the question of a constitution-making body. Technically, the deadlock manifests itself around the question of the special majorities required to adopt a final constitution.

17 June 1992

A massacre of more than forty people takes place in Boipatong, a township on the East Rand (former Transvaal province).

23 June 1992

Bilateral and multilateral negotiations are broken off. The ANC’s National Executive Committee holds an emergency meeting to discuss the implications of the Boipatong massacre. While it reaffirms its commitment to a negotiated settlement, it also resolves to break off all negotiations (both bilateral with the regime and multilateral), makes 14 demands and accuses the regime of complicity in the violence.

2 July 1992

De Klerk responds to the ANC’s memorandum, denying government complicity in the violence and refusing to commit to the principle of majority rule. Nevertheless, the government disbands Battalions 31 and 32 and Koevoet; refers the future of hostels to the Goldstone Commission; issues a proclamation banning dangerous weapons and agrees to international monitoring of violence.

15–16 July 1992

In the announcement of an unprecedented mass action campaign, the Tripartite Alliance (the ANC, SACP and COSATU) commits itself to a month of rolling mass action in support of its demands.

August 1992

A United Nations Monitoring Committee arrives in South Africa to monitor the ANC’s rolling mass action campaign. They attend various marches and demonstrations. Cyrus Vance, the leader of the delegation, [Check?] meets Pik Botha, Minister of Foreign Affairs, where he voices concern over political prisoners and asks for their release. Botha responds by linking the issue to the question of a general amnesty, the abandonment of armed struggle, MK’s arms caches and ANC underground units.

31 August–2 September 1992

The ANC’s National Working Committee chooses its Secretary General as a channel of communication between itself and the regime. This “channel” of communication replaces the official bilateral meetings and is meant to enable the continuance of necessary communication between the ANC and the regime.

26 September 1992

A “Record of Understanding” is agreed to at a summit between the regime and the ANC. This Record of Understanding deals with agreements relating to the constitutional assembly, interim government, political prisoners, problematic hostels, dangerous weapons and mass action.

29 September 1992

A number of protesters opposing the government of the Ciskei are massacred when soldiers open fire at Bisho.

23, 25 November 1992

The ANC and the regime come to an agreement to resume bilateral negotiations. In this regard, the ANC embarks on a series of meetings with various parties — the Tripartite Alliance, the Patriotic Front, the DP and the Afrikaner Volksunie (AVU). The ANC’s National Executive Committee adopts a position paper on strategic perspectives, which signals the party’s willingness to make compromises.

5 December 1992

The parties hold “bosberaads” (secluded meetings). The first of a two-part bilateral is held between the ANC and the regime. The first part deals with matters relating to security and violence, and the second part with those relating to elections, media, regional and local governments, the TBVC states and the transitional constitution. The second part of the bilateral with the regime takes place between 20 January and 4 February 1993. The discussions are divided into two parts. It is agreed to propose to the principals that a multi-party negotiation planning conference be held in March, aimed at planning the resumption of multilateral negotiations.

4–5 March 1993

The Negotiations Planning Conference is held, in which twenty six parties, administrations, organisations and traditional leaders attend. A resolution calling for the resumption of the negotiations is adopted. It is agreed that a multi-party negotiating forum will take place on 1 and 2 April 1993, aimed at charting the path of the multi-party negotiations.

1 April 1993

The multi-party negotiating forum, comprising twenty six participants, including the PAC, the CP and AVU, meet to define the issues to be dealt with at the Multi-Party Negotiations Process. Its success is reflected in the fact that it is able to complete two days of scheduled work in one.

10 April 1993

Chris Hani, an ANC leader, is assassinated, which creates tensions nation-wide.

22 April 1993

The Tripartite Alliance meets and resolves to make the following demands: that there be an immediate announcement of an election date; that the Transitional Executive Council (TEC) be installed as a matter of urgency; and that all armed formations be placed under immediate joined multiparty control. The ANC also calls for the negotiations to be speeded up.

30 April 1993

Technical Committees are formed: the report of the Planning Committee contains proposals on violence, the Independent Electoral Commission, state and statutorily controlled media, repressive and discriminatory legislation and the TEC and its sub-councils. The Negotiating Council resolves to establish six Technical Committees to consider the various issues. The Technical Committees are composed of six people each, none of whom are representative of any political organisations or parties. This marks a change from the style of negotiations at CODESA.

May 1993

The IFP walks out of the Multi-Party Negotiations Process after challenging the principle of sufficient consensus.

1 June 1993

The Negotiating Council agrees that sufficient progress has been made to enable it to agree to 27 April 1994 as the date for South Africa’s first non-racial elections. It instructs the Technical Committee on Constitutional Matters to draft a transitional constitution that will lead to the drafting and adoption of a final, democratic constitution by an elected Democratic Assembly.

23 June 1993

A Summit between Mandela and Buthelezi takes place after several months of preparation. A joint undertaking to pave the way for free political activity, joint rallies, agreement on the strengthening of the National Peace Accord, and greater liaison between the ANC and the IFP in negotiations arises from this meeting.

2 July 1993

The Negotiating Forum meets at last, vindicating the calls made in the Harare Declaration. Agreement is reached at this meeting on the following steps towards a new constitution: (1) the Multi-Party Negotiating Process (MPNP) shall adopt constitutional principles providing for both strong regional government; (2) these constitutional principles shall be binding on the constituent assembly and shall be justifiable by a constitutional court; (3) a commission on Delimitation/Demarcation will make recommendations on regional boundaries for the purposes of elections and regional government during the transitional period; (4) the MPNP shall agree on legislation to make provision for the levelling of the playing field and promoting conditions conducive to the holding free and fair elections; (5) the MPNP shall agree on details of discriminatory legislation to be repealed; (6) the MPNP shall agree on a transitional constitution (i.e. a Transition to Democracy Act).

26 July 1993

The Technical Committee on Constitutional Matters produces its draft outline of a transitional constitution for discussion by the Negotiating Council.

31 July 1993

The Commission for Delimitation of Regions tables its report for forthcoming discussion in the Negotiating Council in August. This report contains various criteria on the basis of which it recommends nine regions for South Africa.

25 August 1993

The Technical Committee dealing with the TEC Draft Bill tables its eleventh working draft for discussion in the Negotiating Council.

25–28 October 1993

In a bilateral between the ANC and the regime to finalize agreements on the interim constitution, agreement is reached on a Government of National Unity, a provision agreeing to the two deputy presidents, the required percentage to elect a deputy president, and the right of opposition parties to membership in the cabinet. The regime abandons its claim to a veto over decisions of cabinet.

16 November 1993

Agreement is reached on the final issues required to complete the interim constitution in a last minute bilateral between Mandela and De Klerk. (The agreements reached come to be known as the “six pack” agreement.)

18 November 1993

The ratification of the Interim Constitution by the plenary of the MPNP comes in the early hours of the morning of 18 November 1993.

January 1994

The Transitional Executive Council (TEC) is established.

1 March 1994

The ANC agrees to international mediation with the IFP. This agreement is reached with Mandela and Buthelezi on condition that the latter agrees to provisionally register the IFP for the elections. However, before the international mediation can begin, disagreement wrecks the initiative.

March 1994

Ciskei and Bophuthatswana collapse under the pressure of internal discontent and are reincorporated into South Africa.

April 1994

The IFP returns to participate in national elections. A trilateral between the government, the ANC and Afrikaner right wing parties is held to address the latter’s demands for Afrikaner self-determination.

27–18 April 1994

South Africa’s first non-racial democratic election takes place.

9 May 1994

The Constitutional Assembly, made up of 490 elected members, is established.

June 1994

The Constitutional Committee, which becomes the premier multi-party negotiating body in the Constitutional Assembly, is established.

September 1994

Six theme committees are established to receive and collate the views of all parties on the substance of the constitution.

January 1995

An advertising campaign inviting public views on the constitution is launched.

November 1995

The first refined working draft of the constitution is published, which provides the public with a first glimpse of what the complete text will look like.

15 February 1996

Sixty eight outstanding issues require settlement before the constitution is completed.

20 March 1996

Concern about completing the constitution on time mounts. The fourth edition of the working draft is produced, and many issues remain unresolved. It is uncertain whether the Constitutional Assembly will be able to complete its work by 8 May 1996, its deadline.

1–3 April 1996

The Arniston Multilateral is held, which turns out to be vital in ensuring that parties resolve their differ-ences without the glare of the media, and is extremely successful.

16 April 1996

The Channel Bilateral is held between Cyril Ramaphosa and Roelf Meyer reinstated to find solutions to differences between the ANC and NP.

22 April 1996

Several issues remain deadlocked and require agreement: the death penalty, the lockout clause, the property clause, the appointment of judges and the Attorney General, language, local government, the question of proportional representation, and the bar against members of parliament crossing the floor.

23 April 1996

The Draft Constitution is tabled. The plenary debate to finalise the constitution begins without key outstanding issues being resolved.

25 April 1996

Negotiators table 298 amendments to the final draft text. However, most amendments are of a technical rather than substantial nature.

8 May 1996

The final text of the constitution is adopted.

1 July

The Constitutional Court’s hearing on certification of the constitution begins.

6 September 1996

The Constitutional Court refuses to certify the text, finding that the text does not comply with the required constitutional principles in eight respects.

11 October 1996

The amended text of the constitution is adopted by the Constitutional Assembly and tabled with the Constitutional Court.

18 November 1996

The Constitutional Court’s second hearing on certification begins.

4 December 1996

The Constitutional Court certifies the final text of the constitution.

10 December 1996

The state president, Nelson Mandela, signs the final Constitution into law in Sharpeville, Vereeniging. This day also marks International Human Rights Day. The Constitution is to come into effect on 4 February 1997.

17-21 March 1997

This week is named National Constitution week. More than seven million copies of the Constitution are distributed in all eleven languages in a national campaign, which culminates in activities on 21 March 1997, South Africa’s National Human Rights Day.

30 April 1997

The Constitutional Assembly closes its administration after accounting for all monies spent.

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