Interim Constitution Accord

  • 92%
  • Implementation Score 
    after 10 years
Provisions in this Accord
Cease Fire

The Pretoria Minute 1990, Article 3:

Implementation History
1993

Intermediate Implementation

Violence continued after the National Peace Accord of 1991. The Inkatha Freedom Party (IFP) suspended all peace talks with the African National Congress (ANC) on January 16, 1992, accusing it of two violations of the cease-fire agreement. There were also reports of renewed clashes between IFP and ANC followers in Pietermaritzburg on January 15th and 16th, in which 15 houses had been burnt down. There was no report of casualties.1

Spoiler violence continued, but none of the major parties to the ceasefire agreement returned to armed conflict.

  • 1. "South Africa Inkatha suspends peace talks with ANC; renewed clashes reported," BBC Summary of World Broadcasts/The Monitoring Report, January 18, 1992.
1994

Full Implementation

Multiparty elections were held in April 1994, and South Africa made the transition to democracy. Since the transition to democracy, the ceasefire has been self-enforcing.

1995

Full Implementation

No further developments observed.

1996

Full Implementation

No further developments observed.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Powersharing Transitional Government

"Constitution of the Republic of South Africa Act 200 of 1993, Chapter 4, Section 36 Constitution of Parliament:

Parliament shall consist of the National Assembly and the Senate.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 4, Section 37 Legislative authority of Republic:

Implementation History
1993

No Implementation

After signing the main peace accord, on December 23, 1991, South African President De Klerk proposed immediate negotiations on the interim government. The proposal was consistent with the ANC demand for an interim government.1 However, other political parties perceived the formation of the interim government as the ANC’s strategy to gain access to more power than it had gained through consensus.2

On February 11, 1992, the ANC proposed that an interim government council with legislative and executive powers be appointed by CODESA to oversee the transitional period. The ANC proposed two possibilities:
''Either the interim government council continues to function in the agreed manner until the constituent assembly has completed its work and a new parliament is in place, or the constituent assembly is vested with sovereign powers so that it functions both as a constituent assembly and as a legislature until the new constitution has been adopted.'' In its proposal, the ANC was concerned that the constituent assembly should not be diverted from or in any way hindered in achieving its primary purpose, which was to adopt a new constitution.3 The Government of National Unity did not materialize in 1992.

“The State President, Mr F.W. de Klerk, said on Thursday (29th April, 1993) he would not abdicate and would hand over power only to a government of national unity after a general election."4

  • 1. "South Africa De Klerk proposes negotiations ''immediately'' on interim government," BBC Summary of World Broadcasts, December 23, 1991.
  • 2. "SOUTH AFRICA IN BRIEF; HNP leader tells De Klerk interim government would mean ANC Rule," BBC Summary of World Broadcasts, January 11, 1992.
  • 3. "SOUTH AFRICA ANC MAKES PROPOSALS ON INTERIM GOVERNMENT; CONSTITUENT ASSEMBLY," BBC Summary of World Broadcasts, February 13, 1992.
  • 4. "SOUTH AFRICA; President de Klerk will only hand over power to government of national unity," BBC Summary of World Broadcasts, May 1, 1993.
1994

Full Implementation

The election for the constituent assembly took place in April 1994. The Government of National Unity, a constitutionally defined multi-party government, came into existence on 27 April 1994, after the 1994 elections. The 1993 constitution had provisions for the government of national unity. A party holding 20 or more seats in the parliament was entitled to receive one or more of the cabinet portfolios. Six ministers from the National Party were appointed in the cabinet, including former State President Mr. de Klerk, who was appointed as second Deputy President.5 The Inkatha Freedom Party also shared the cabinet portfolio.

  • 5. "A look at those who also serve in Mandela's South Africa," The Age (Melbourne, Australia), May 14, 1994.
1995

Full Implementation

Power-sharing continued under the National Unity Government provisions of the 1993 interim constitution. It was expected to last until 1999.

1996

Full Implementation

Power-sharing continued under the National Unity Government provisions of the 1993 interim constitution. It was expected to last until 1999. Nevertheless, once the National Assembly adopted the final constitution on May 8, 1996, the National Party announced its withdraw from the government of national unity by the end of June 1996.6 The the Inkatha Freedom Party and the Azanian People's Organisation hold seats in the government.

Power-sharing under the National Unity Government provisions of the 1993 interim constitution ended in 1996.

  • 6. "South Africa," Keesing's Record of World Events (formerly Keesing's Contemporary Archives) (Volume 42), 1996, 41078.
1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Executive Branch Reform

"Constitution of the Republic of South Africa Act 200 of 1993, Chapter 6, Section 75 Executive authority of the Republic:

The executive authority of the Republic with regard to all matters falling within the legislative competence of Parliament shall vest in the President, who shall exercise and perform his or her powers and functions subject to and in accordance with this Constitution.

Implementation History
1993

No Implementation

A serious debate on executive branch reform took place resulting in the CODESA (Convention for a Democratic South Africa) Record of Understanding. This agreement, signed on September 26, 1992, addressed the details of a transitional government of national unity during the transitional period.

The Interim Constitution was signed on November 17, 1993. The white-dominated parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.1 The interim constitution, in Section 75, established that executive power is to be vested in the President. The former is elected by the National Assembly by member majority. Section 84 has a provision for the Executive Deputy President. According to the provisions, “Every party holding at least 80 seats in the National Assembly shall be entitled to designate an Executive Deputy President from among the members of the National Assembly”. According to the constitutional provisions, if no party holds at least 80 seats, “parties holding the largest number of seats and the party holding the second largest numbers of seats shall each be entitled to designate one Executive Deputy President from among the members of the National Assembly”.

According to Section 88, a party holding 20 or more seats in the parliament was entitled to receive one or more of the cabinet portfolios.

The executive branch reform as stipulated in the interim constitution of 1993, however, was not implemented in year 1993. These reforms were set to be implemented after holding constituent assembly elections.

  • 1. "South Africa gets democratic constitution Parliamentarians of all races approve non-racial law while Afrikaners hold out for whites-only concessions," The Globe and Mail (Canada), December 23, 1993.
1994

Intermediate Implementation

The Constituent Assembly election took place in April 1994. The Government of National Unity, a constitutionally-defined multi-party government, came into existence after the 1994 elections. The 1993 constitution had provisions for the Government of National Unity. Six ministers from the National Party were appointed in the cabinet, including former State President Mr. de Klerk, who was appointed as second Deputy President.2 Inkatha Freedom Party also shared cabinet portfolio.

  • 2. "A look at those who also serve in Mandela's South Africa," The Age (Melbourne, Australia), May 14, 1994.
1995

Intermediate Implementation

The Executive Branch reform stipulated in the interim constitution of 1993 was implemented through the transitional government that was established after the April 1994 elections.

1996

Full Implementation

Powersharing provision in the interim constitution (deputy president after security 80 seats and a cabinet position after securing 20 seats) were taken out from the final constitution. Once the National Assembly adopted the final constitution on May 8, 1996, the National Party announced its withdrawal from the Government of National Unity by the end of June 1996.3 The Constitutional Court (CC) approved the final constitution on December 4, 1996.

  • 3. "South Africa," Keesing's Record of World Events (Volume 42), 1996, 41078.
1997

Full Implementation

The Constitution of the Republic of South Africa took effect on February 4, 1997, without provisions of sharing executive power as stipulated in the 1993 interim constitution. Nevertheless, the National Assembly elects the President from among its members.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Legislative Branch Reform

36: Constitution of Parliament

Parliament shall consist of the National Assembly and the Senate.

37 Legislative authority of Republic

The legislative authority of the Republic shall, subject to this Constitution, vest in Parliament, which shall have the power to make laws for the Republic in accordance with this Constitution.

38 Duration of Parliament

Implementation History
1993

Minimum Implementation

In the CODESA (Convention for a Democratic South Africa) Record of Understanding signed on September 36, 1992, the parties agreed, “that there shall be a separation of powers between the legislature, executive and judiciary with appropriate checks and balances,” which sought to bring reform to the legislative branch of the government.

The Interim Constitution was signed on November 17, 1993. The white-dominated Parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.1 Chapter 4 of the interim constitution dealt with the legislative branch of the government.

  • 1. "South Africa gets democratic constitution Parliamentarians of all races approve non-racial law while Afrikaners hold out for whites-only concessions," The Globe and Mail (Canada), December 23, 1993.
1994

Intermediate Implementation

The Constituent Assembly election took place in April 1994. The National Assembly also worked as a constituent body and drafted a new constitution as provided for in the interim constitution of 1993.

1995

Intermediate Implementation

No developments observed this year.

1996

Full Implementation

Legislative reforms were carried over into the new constitution in 1996. The National Assembly adopted the final constitution on May 8, 1996. The Constitutional Court (CC) approved the final constitution on December 4, 1996. The constitution establishes a bicameral legislature. According to the constitution, the parliament consists of the National Assembly and the National Council of Provinces.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Constitutional Reform

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 6, Section 68 Constitution-making Body:

(1) The National Assembly and the Senate, sitting jointly for the purposes of this Chapter, shall be the Constitutional Assembly.

(2) The Constitutional Assembly shall draft and adopt a new constitutional text in accordance with this Chapter.

Implementation History
1993

Minimum Implementation

On March 30, 1992, the South African government and the National Party (NP) submitted a proposal on a constitution-making body to the CODESA (Convention for a Democratic South Africa) Working Group Two.1

On March 31, 1992, the ANC at CODESA proposed that an elected constitution-making body be given four months to complete its work. The ANC proposed that the failure to make a constitution within the stipulated time should compel the assembly “to dissolve itself so that new elections could be held''. The proposals were tabled at a meeting of Codesa's Working Group Two.2 The ANC rejected holding a referendum to ratify a new South African constitution.3

On May 11, 1992, at CODESA, the Inkatha Freedom Party (IFP) agreed to an elected constitution-making body. In addition, the ANC agreed to an interim constitution during the first phase of an interim government.4

Despite the initiatives, CODESA failed to reach an agreement on the major issue of a constitution-making body in its second plenary session on May 14, 1992. “The key Working Group Two adjourned without finding a compromise on the voting majorities required to pass a final constitution for a democratic South Africa. The National Party government bloc wanted main issues, such as the powers and duties of regional governments, to be passed by a 75% majority instead of the overall 66.7% proposed by the ANC. The government and ANC blocs had also disagreed over the issue of a second chamber of the legislature, or senate, which the government had insisted should approve the new constitution."5 On May 19, 1992, the ANC withdrew its proposal compromise, making reaching a consensus difficult.6

In March of 1993, after 10 months of bloodshed, South Africa's constitutional negotiations began. The hope was that country’s first nonracial election could take place within one year.7

A “constitutional deal” was struck on June 30, 1993 “at the multi-party negotiations in Johannesburg. According to the agency, the deal involved a compromise between the position of the government and the ANC - that the country's future constitution should be drawn up by an elected body - and that of the Concerned South Africans' Group (Cosag), led by the Inkatha Freedom Party - that the final constitution should be drawn up by the negotiations council. The compromise meant that while the negotiators would decide on binding constitutional principles and the country's regional administrative structure, the constitution itself would be drawn up by an elected constitution-making body."8

A draft constitution providing for a South African transitional government of national unity was published on 26th July 1993.9 The Conservative Party (CP) and Inkatha Freedome Party (IFP) withdrew from talks after the publication of the constitution. Meanwhile, the Democratic Party (DP) said that the “draft constitution provided a good basis for further negotiations."10

On November 17, 1993, 21 parties represented at the Negotiating Council ratified the country’s first democratic constitution. The key points of the agreement were:
- Elections next year for a coalition government to run for five years
- Interim constitution in force for same period
- President and two vice-presidents appointed by parties getting more than 20 per cent of vote
- Cabinet appointed by parties with more than 5 per cent of vote
- 400-seat national assembly and 90-seat senate elected by proportional representation will adopt final constitution
- Nine new provinces with own legislatures
- A constitutional court will mediate between centre and provinces
- Bill of Rights to protect individuals from any discrimination

The white-dominated parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.11

  • 1. "SOUTH AFRICA GOVERNMENT PROPOSALS ON CONSTITUTION-DRAFTING BODY; ANC REACTION," BBC Summary of World Broadcasts, April 1, 1992.
  • 2. "SOUTH AFRICA ANC MAKES DETAILED PROPOSALS FOR CONSTITUTION-MAKING BODY," BBC Summary of World Broadcasts, April 2, 1992.
  • 3. "SOUTH AFRICA IN BRIEF; ANC rejects referendum to ratify new constitution," BBC Summary of World Broadcasts, April 2, 1992.
  • 4. "SOUTH AFRICA ANC AND INKATHA MAKE CONCESSIONS AT CODESA ON CONSTITUTION," BBC Summary of World Broadcasts, May 13, 1992.
  • 5. "South Africa no consensus so far in Codesa talks on constitution-making body," BBC Summary of World Broadcasts/The Monitoring Report, May 16, 1992.
  • 6. "SOUTH AFRICA IN BRIEF; ANC withdraws compromise proposals on constitution-making body," BBC Summary of World Broadcasts, May 21, 1992.
  • 7. "CONSTITUTION TALKS RESUME IN SOUTH AFRICA," PHILADELPHIA INQUIRER, March 6, 1993.
  • 8. "South Africa: multi-party negotiators agree deal on drawing up of constitution," BBC Summary of World Broadcasts/The Monitoring Report, July 2, 1993.
  • 9. "Draft constitution for South Africa unveiled," The Irish Times, July 27, 1993.
  • 10. "South Africa: CP, IFP withdrawing from talks after publication of constitution," BBC Summary of World Broadcasts/The Monitoring Report, July 28, 1993.
  • 11. "South Africa gets democratic constitution Parliamentarians of all races approve non-racial law while Afrikaners hold out for whites-only concessions," The Globe and Mail (Canada), December 23, 1993.
1994

Minimum Implementation

Elections for a National Assembly and a Constituent Assembly were held on April 26-29, 1994. The ANC received approximately 62.65% of the votes, or 252 seats, the NP received 20.39% of the votes, or 82 seats, and the IFP received 10.54% of the votes, or 43 seats.12

South Africa's Constitutional Assembly held its first formal session in Cape Town on August 15, 1994 and began the start of a two-year process to draft a constitution. The two houses of Parliament elected by proportional representation in April 1994 would sit together to form the Constitutional Assembly, which was charged with drafting a constitution in terms of guidelines laid down at multi-party talks in November 1993.

1995

Minimum Implementation

South Africa’s Constitutional Assembly chairman, Cyril Ramaphosa, disclosed on September 25, 1995 that a working draft of South Africa’s new constitution was to be completed by November 1995. Ramaphosa said that the draft would be made available for public comment at that stage, and the final constitution should be approved by May next year.13 On September 7, 1995, the Constitutional Assembly management committee decided that the May 9, 1996 deadline for South Africa's new constitution would stand, with a possible extension to the end of June.14 The interim constitution stipulates that the final constitution has to be adopted by May 9, 1996. The draft constitution was released on November 22, 1995. The ANC welcomed the launch of draft constitution.15

  • 13. "South Africa Draft of New Constitution Due by November," Africa News, September 25, 1995.
  • 14. "SOUTH AFRICA; Constitutional Assembly committee retain 9th May as date for new constitution," BBC Summary of World Broadcasts, September 9, 1995.
  • 15. "SOUTH AFRICA; ANC statement welcomes launch of draft constitution," BBC Summary of World Broadcasts, November 23, 1995.
1996

Full Implementation

On April 3, 1996, constitutional negotiators resolved the bulk of outstanding issues.16

“The Constitution Bill, providing for a new constitution for South Africa, was read a first time on Wednesday 24th April evening and will now be referred to the Constitutional Committee for amendments to be considered. At the end of the debate, CA Constitutional Assembly chairman Cyril Ramaphosa said he was confident that the outstanding issues would be resolved."17

The National Assembly adopted the final constitution on May 8, 1996. There were 421 votes in favor. Only two members of the Constituent Assembly voted against the constitution, the two members of the African Christian Democratic Party.18 The Constitutional Court approved the final constitution on December 4,1996. On December 11, 1996, president Mandela sign into law his country's long-awaited post-apartheid constitution.19

  • 16. "SOUTH AFRICA; Mandela "pleased" majority of constitution issues resolved," BBC Summary of World Broadcasts, April 4, 1996.
  • 17. "SOUTH AFRICA; Constitution Bill receives first reading," BBC Summary of World Broadcasts, April 25, 1996.
  • 18. "SOUTH AFRICA; South African Constitutional Assembly adopts new constitution," BBC Summary of World Broadcasts, May 8, 1996.
  • 19. "SOUTH AFRICA SIGNS NEW CONSTITUTION," Courier Mail (Queensland, Australia), December 11, 1996.
1997

Full Implementation

The New Constitution of the Republic of South Africa took effect on February 4, 1997.20

  • 20. "South Africa; South Africa's New Constitution Takes Effect Today," Africa News, February 4, 1997.
1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Electoral/Political Party Reform

National Peace Accord of 1991, Article 1.3:

The fundamental rights and responsibilities derive from established democratic principles namely:

• democratic sovereignty derives from the people, whose right it is to elect their government and hold it accountable at the polls for its conduct of their affairs;

Implementation History
1993

Intermediate Implementation

Prohibitions against political parties were lifted in 1990. Nevertheless, a legal framework on how political parties should be organized was yet to be decided.

On July 1, 1993, the government submitted a draft electoral bill to the negotiation forum, which put forth a proposal for the registration and participation of political parties. Home Affairs Minister, Danie Schutte, said that all political organizations intending to take part in the forthcoming elections should register as political parties.1

On November 17, 1993, 21 parties represented at the Negotiating Council ratified the country’s first democratic constitution. The key points of the agreement were:
- Elections next year for a coalition government to run for five years
- Interim constitution in force for the same period
- President and two vice-presidents appointed by parties getting more than 20 per cent of vote
- Cabinet appointed by parties with more than 5 per cent of vote
- 400-seat national assembly and 90-seat senate elected by proportional representation will adopt final constitution
- Nine new provinces with own legislatures
- A constitutional court will mediate between centre and provinces
- Bill of Rights to protect individuals from any discrimination

The white-dominated Parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.2

In the constitution, the following provisions were made in respect to the Political Rights of the Citizen:

Chapter 3: Section: 21 Political rights (1) Every citizen shall have the right-
(a) to form, to participate in the activities of and to recruit members for a political party;
(b) to campaign for a political party or cause; and
(c) freely to make political choices.
(2) Every citizen shall have the right to vote, to do so in secret and to stand for election to public office.

A proportional electoral system was adopted.

  • 1. "SOUTH AFRICA; Draft bill submitted on registration of political parties," BBC Summary of World Broadcasts, July 2, 1993.
  • 2. "South Africa gets democratic constitution Parliamentarians of all races approve non-racial law while Afrikaners hold out for whites-only concessions," The Globe and Mail (Canada), December 23, 1993.
1994

Full Implementation

A proportional electoral system was adopted in 1993.

1995

Full Implementation

No further developments observed.

1996

Full Implementation

No further developments observed.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Decentralization/Federalism

Constitution of the Republic of South Africa Act 200 of 1993 Chapter 9

124 Establishment of provinces

Implementation History
1993

Minimum Implementation

The November 1993 accord calls for the establishment of 9 new provinces, each with its own legislature, executive council and state constitution for the following areas:

(a) Eastern Cape;
(b) Eastern Transvaal;
(c) KwaZulu/Natal;
(d) Northern Cape;
(e) Northern Transvaal;
(f) North-West;
(g) Orange Free State;
(h) Pretoria-Witwatersrand-Vereeniging; and
(i) Western Cape:

The accord established a Commission on Provincial Government to debate and draft legislation for the creation of the provincial states.

1994

Minimum Implementation

No developments observed this year.

1995

Minimum Implementation

Proposals were drafted for the new constitution regarding the boundaries of the provinces.

1996

Full Implementation

The 1996 new constitution established 9 new provinces in South Africa under Article 103. According to the constitution, these provinces have their own constitution, legislative and executive powers.

Eastern Cape
Free State
Gauteng
KwaZulu-Natal
Limpopo
Mpumalanga
Northern Cape
North West
Western Cape

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Truth or Reconciliation Mechanism

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 15, Section 232(4):

Implementation History
1993

Minimum Implementation

There was no reported progress on establishing a truth or reconciliation commission between 1991 and 1992.

In his interview with the The Guardian in 1993, Nelson Mandela stated that the ANC still wanted to set up a truth commission to investigate civil rights abuses during the anti-apartheid struggle. He said that the commission would “collect evidence to deal with those people who wanted to be indemnified - not for the purpose of having a Nuremberg trial, but for the purpose of granting an indemnity on an individual basis."1

National debate on establishing truth commission started in August 1993. The ANC reportedly called for the establishment of a national commission to probe past human rights abuses by all parties to the conflict in South Africa. In a news conference held on August 30, 1993, ANC Secretary-General, Cyril Ramaphosa, stated that the ANC “…call[ed] on the government to agree, following discussions with the ANC and other political and non-governmental organizations, to set up, without delay, a Commission of Enquiry or Truth Commission into all violations of human rights since 1948.'' He further said that the purpose of such a commission would be to investigate all the violations of human rights - killings, disappearances, torture as ill treatment - from all quarters."2

  • 1. "PRESIDENT IN WAITING SPELLS OUT VISION FOR SOUTH AFRICA," The Guardian (London), April 29, 1994.
  • 2. "ANC wants national body to probe human rights abuses in South Africa," United Press International, August 30, 1993.
1994

Minimum Implementation

On June 8, 1994, the South African government said that it would introduce legislation that would grant amnesty to those who would confess to political crimes committed for and against apartheid. “Under the proposals, a "truth commission" would investigate accusations of human rights abuses and political crimes and present a report to Mandela, who would have final say on who receives amnesty”. "Reconciliation is not simply a question of indemnity or amnesty and letting bygones be bygones," Omar said. "If the wounds of the past are to be healed ... disclosure of the truth and its acknowledgment are essential."3

The truth and reconciliation commission was expected to be unveiled in the third week of September 1994, but was delayed because of disagreements between the ANC and National Party. A cabinet committee was said to have accepted the principle of establishing a truth commission but differences remained between the ANC and the National Party (NP). The NC had objections on “limiting the time for applications for amnesty or indemnity to several months, arguing that it should be allowed at any time.” The NC also objected the public hearing of the commission.4

  • 3. "South Africa Proposes Amnesty for Political Criminals Who Confess," The Washington Post, June 8, 1994, PAGE A25.
  • 4. "SOUTH AFRICA-POLITICS: APARTHEID'S INFORMERS LET OFF THE HOOK," IPS-Inter Press Service, October 24, 1994.
1995

Intermediate Implementation

Even after the enactment of the National Unity and Reconciliation Bill in the Parliament, the appointment of the commission was delayed. President Mandela said in his statement that the, “Cabinet will select the commissioners before the year end”. His statement said that “the number of people on the final short list would be 25 and that the panel would have nine members, consisting of persons ranging from politicians to lawyers and churchmen."5

On November 29, 1995, the following people were named to sit on the Truth and Reconciliation commission:

- Archbishop Desmond Tutu (chairperson): One of three Nobel Peace Prize winners from South Africa, Tutu is a household name. He is the archbishop of Cape Town of the Church of the Province of Southern Africa.

- Dr. Alex Boraine (deputy chairperson): Boraine now serves as executive director of Justice in Transition, formed in August last year to focus on redressing past human rights violations. Ordained as a Methodist minister in 1938, he served as executive director of the Institute for Democracy in South Africa from 1986 to 1994.

- Mrs. Mary Burton: Burton was president of the Black Sash from 1986 to 1990 and is still a member of the organization. She has been involved in discussions and workshops relating to the Truth Commission.

- Advocate Chris de Jager: De Jager, a lawyer, is a member of the Volkstaat Afrikaner homeland Council and a member of the Human Rights Commission.

- Rev. Bongani Finca: Finca was appointed interim administrator of Ciskei after military ruler Brig Oupa Gqoza's administration collapsed. He is now president of the Eastern Cape Provincial Council of Churches and a member of the National Executive Committee of the South African Council of Churches.

- Ms. Sisi Kamphephe: Kamphephe is a lawyer and a member of the Black Lawyers' Association.

- Mr. Richard Lyster: Lyster is a lawyer and has been director of the Legal Resources Centre in Durban since 1990. He serves on the arbitration panel of the Independent Mediation Service of South Africa.

- Mr. Wynand Malan: Malan resigned as a National Party MP under former state President P .W. Botha. He then formed the National Democratic Movement, which later merged with the Progressive Federal Party to form the Democratic Party. He quit politics in 1989 and practices as an attorney and value systems management consultant.

- Ms. Hlengiwe Mkhize: Mkhize, the national director of mental health and substance abuse, is a psychologist who specializes in treating people traumatized by violence. She is a member of the South African Black Social Workers' Association and the International Society of Medicine.

- Mr. Sumisa Ntsebeza: Ntsebeza is an attorney and served as founder president of the National Association of Democratic Lawyers and later as president of the Black Lawyers' Association (BLA). He is now the BLA's publicity secretary and serves as chairman of the prisoners welfare programme.

- Dr. Wendy Orr: Orr compiled a list of detainees who were tortured in Port Elizabeth in the mid 1980s and successfully filed an interdict against the minister of law and order to prevent police from assaulting prisoners. She is presently deputy registrar of student affairs at the University of Cape Town.

- Dr. Mapule Ramashala: Ramashala is a clinical psychologist and medical researcher who recently returned to South Africa.

- Dr. Faizel Randera: Randera was a member of a committee of the National Medical and Dental Association that investigated the poisoning of former South African Council of Churches leader Rev. Frank Chikane in 1989. Randera has worked extensively with human rights lawyers, providing medical/legal reports on people who suffered physical and psychological abuse.

- Dr. Yasmin Sooka: Sooka, a lawyer, is the national president of the World Conference on Religion and Peace. He served as a member of the legal task force in the National Coordinating Committee for the Repatriation of South African Exiles.

- Ms. Glenda Wildschut: Ms Wildschut is a social worker at the Western Cape Trauma Centre and has worked in the underprivileged communities in the Western Cape. She has also worked with victims of violence.

- Rev. K M Mqojo: Mqojo is a Methodist clergyman from KwaZulu-Natal.

- Advocate Denzil Potgieter: Potgieter is a member of the Cape Bar who has appeared in various civil and political rights matters. He acted as secretary for the presidential panel which shortlisted the Truth Commission candidates.6

The Truth and Reconciliation Commission met for the first time on December 16, 1995, in Cape Town.7

  • 5. "SOUTH AFRICA; Mandela explains Truth Commission appointment process," BBC Summary of World Broadcasts, September 18, 1995.
  • 6. "SOUTH AFRICA; Members of Truth and Reconciliation Commission named," BBC Summary of World Broadcasts, November 30, 1995.
  • 7. "SOUTH AFRICA; Truth Commission holds first meeting amid "tight security," BBC Summary of World Broadcasts, December 17, 1995.
1996

Intermediate Implementation

On April 16, 1995, the TRC started its hearings. In the very first day, three women and one man -- all of them victims of the apartheid told their stories in a televised function. The TRC was said to roam the country for the next two years to expose the wounds of the past, hopes to provide a catharsis to what Tutu called a nation of "traumatized and wounded people."8

  • 8. "South Africa looks at its brutal history: Victims of apartheid bare their pain to the world during the first session of the truth and reconciliation commission," The Vancouver Sun (British Columbia), April 16, 1996.
1997

Intermediate Implementation

The hearings continued in 1997.

1998

Full Implementation

South Africa's Truth and Reconciliation Commission concluded its hearings on massive human rights abuses during the years of white minority rule. The commission brought forth many witnesses giving testimony about the secret and immoral acts committed by the Apartheid Government, the liberation forces including the ANC, and other forces for violence that many say would not have come out into the open otherwise. On October 28, 1998 the Commission presented its report, which condemned both sides for committing atrocities.9

The TRC also held hearings on amnesty and reparations, which continued until 2001.

  • 9. James Gibson, “The Contributions of Truth to Reconciliation: Lessons From South Africa,” Journal of Conflict Resolution 50, no. 3 (2006): 409-432.
1999

Full Implementation

TRC was established and submitted its final report in 1998. It continued to hold hearings on reparations and amnesty until 2001.

2000

Full Implementation

TRC was established and submitted its final report in 1998. It continued to hold hearings on reparations and amnesty until 2001.

2001

Full Implementation

South Africa's Truth and Reconciliation Commission (TRC) officially closed its doors on December 20, 2001.10

  • 10. "South Africa; Truth and Reconciliation Commission Closes Its Administration," Africa News, December 20, 2001.
2002

Full Implementation

South Africa's TRC shut down in December 2001; no further developments.

Dispute Resolution Committee

National Peace Agreement, Chapters 1, Article 1:

Implementation History
1993

Full Implementation

In South Africa, the 1993 accord – which reaffirmed earlier agreements – outlines the duties of two overlapping bodies with a mandate of “dispute resolution: a “Goldstone Commission”, and a “National Peace Secretariat”.

1994

Full Implementation

The Goldstone Commission, chaired by Supreme Court Justice Richard Goldstone, was appointed with a mandate to investigate major episodes of political violence and conflict occurring between July 1991 and the April 1994 general elections. Appointed by then president FW de Klerk on 24 October 1991, the commission submitted 47 separate reports. The Commission played a crucial role in stopping political violence surrounding the peace talks. The Goldstone Commission’s “Report on Violence at Mooi River”, demonstrates their use of various methods including public testimony, public hearings, local policing, and the establishment of local dispute resolution committees at conflict sites, made up of members of conflicting societal groups or political parties at the troubled location.

The National Peace Secretariat was an apex organization that stood above the regional and local peace committees and dispute resolution committees. The essential task was “identifying township flashpoints” for the establishment of investigations and dispute resolution groups.1

The Natal province was among the first townships for the establishment of a multi-party peace committee in September 1991. The ANC, NP, IFP and the police launched the dispute resolution committee at a meeting. The committee is to be chaired by Durban Catholic Archbishop Dennis Hurley and leading businessman Christian Pretorius.2

The regional and local committees were required to include local church, business, political and community leaders. The local peace committees and dispute committees were tasked with reporting violence to be investigated by the Goldstone Commission. In all, there were 11 regional committees and over hundred local peace committees established between 1991 and 1994 “with an annual budget of almost $12 million which enabled the hiring of full time staff for regional offices”. Such committees were functional until the establishment of the national unity government in April 1994.3

  • 1. "South Africa's peace secretariat convened," Agence France Presse – English, November 7, 1991.
  • 2. "South Africa establishes first grass roots peace committee," Agence France Presse – English, December 11, 1991.
  • 3. "Culture of Peace: Promoting a Global Movement," UNESCO, 1995, 139-143, accessed December 5, 2010, http://www.culture-of-peace.info/monograph/pages138-139.html.
1995

Full Implementation

No further developments observed.

1996

Full Implementation

No further developments observed.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Judiciary Reform

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 96 Judicial authority:

(1) The judicial authority of the Republic shall vest in the courts established by this Constitution and any other law.

(2) The judiciary shall be independent, impartial and subject only to this Constitution and the law.

Implementation History
1993

Minimum Implementation

The debate surrounding the establishment of a constitutional state in which the rule of law prevails took place, which resulted in the CODESA (Convention for a Democratic South Africa) Declaration of Intent on December 20, 1991.

As the peace process moved forward, the negotiators representing the ANC and the South African government “agreed upon a final two-chamber legislature elected by proportional representation, an independent judicial system and a bill of rights, as key features of the proposed constitution."1

Chief Justice of South Africa, Mr. Justice Corbett, came out in support of a constitutional court for South Africa, as recommended by the Law Commission.2

A draft constitution for the transitional Government of National Unity was published on July 26, 1993. “The draft constitution states flatly that the new constitution ‘shall adhere to and give effect to the constitutional principles,’ and that a special constitutional court shall have to certify that the constitution conforms with these principles before it comes into operation. Nearly 30 constitutional principles - ranging from the separation of the legislative, executive and judicial functions of government to provision of regional government - are contained in the draft constitution."3

The Interim Constitution was signed on November 17, 1993. The white-dominated Parliament voted to approve a new democratic constitution on December 22, 1993. The vote tally was 247 to 45.4 The interim constitution in Chapter 7 discusses an independent judiciary and constitutional court. The Constitutional Court has the power to overrule the Government on questions of constitutional law. South Africa has never had a court with authority to veto its executives.

  • 1. "A Mandate For Change; For South Africa, Pace Is Now Issue," The New York Times, March 20, 1992, Section A, page 1.
  • 2. "SOUTH AFRICA IN BRIEF; Chief Justice declares support for constitutional court," BBC Summary of World Broadcasts, April 13, 1992.
  • 3. "Draft constitution for South Africa unveiled," The Irish Times, July 27, 1993, page 1.
  • 4. "South Africa gets democratic constitution Parliamentarians of all races approve non-racial law while Afrikaners hold out for whites-only concessions," The Globe and Mail (Canada), December 23, 1993.
1994

Minimum Implementation

Judicial reform took place with the implementation of the 1993 interim constitution.

1995

Intermediate Implementation

President Nelson Mandela officially inaugurated South Africa's Constitutional Court in Johannesburg on February 14, 1995. Eleven judges to the court were sworn in the ceremony. The first task of the court was to decide on the death penalty.5 The constitutional court made its first ruling on the death penalty on June 6, 1995, abolishing the death penalty.6

As constitutional debate continued in the Constituent Assembly. The “ANC's constitutional policy conference at Kempton Park has resolved to keep the present structure of the courts in the final constitution. However, the conference proposed that all courts should be empowered to deal with constitutional matters."7

  • 5. "Mandela inaugurates South Africa's new constitutional court," Deutsche Presse-Agentur, February 14, 1995.
  • 6. "SOUTH AFRICA; Constitutional Court abolishes death penalty," BBC Summary of World Broadcasts, June 7, 1995.
  • 7. Source: "SOUTH AFRICA; ANC wants present structure of courts retained in constitution," BBC Summary of World Broadcasts, April 4, 1995.
1996

Full Implementation

The National Assembly adopted the final constitution on May 8, 1996. There were 421 votes in favor. The two members of the African Christian Democratic Party voted against the constitution.8 The judicial reforms laid out in the interim constitution of 1993 were incorporated in the constitution of 1996. Political parties, including the National Party (NP), challenged some of the provisions of the constitution in the Constitutional Court.9The Constitutional Court approved the final constitution on December 4, 1996.10

Judicial reform concluded with the adoption of the final constitution in 1996.

  • 8. "SOUTH AFRICA; South African Constitutional Assembly adopts new constitution," BBC Summary of World Broadcasts, May 8, 1996.
  • 9. "SOUTH AFRICA; National Party to challenge aspects of new constitution in court," BBC Summary of World Broadcasts, May 21, 1996.
  • 10. "South Africa; South Africa To Adopt New Constitution Next Week," Africa News, December 5, 1996.
1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Military Reform

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 14, Section 224 Establishment of National Defence Force:

(1) The National Defence Force is hereby established as the only defence force for the Republic.

(2) The National Defence Force shall at its establishment consist of all members of:

(a) the South African Defence Force;

Implementation History
1993

Minimum Implementation

In the 1970s and 1980s, the apartheid regime had the backing of a 90,000-strong South African Defense Force (SADF), along with support from militias of the homelands, Transkei, Venda, Bophuthatswana, and Ciskei, which totaled 11,000 soldiers. There were about 28,000 guerrillas of the ANC (also know as Umkhonto We Sizwe or MK), and 6,000 guerrillas of the Pan-Africanist Congress (PAC). In negotiations, the ANC and PAC sought military integration (MI) and military reform to bolster the ANC-led government’s control over the armed forces. The SADF favored the absorption of the militias into the already established force, led primarily by white officers.1

The 1993 Accord (Interim Constitution) established the South African National Defense Force (SANDF). The multi-party Transitional Executive Council (TEC) was established and given the challenge of controlling seven armies, regular and irregular, and 11 police forces. The TEC bill provided for seven sub-councils, including the sub-councils on defense and policing.2 As part of the reform, the MK and PAC combatants were to be integrated in a new national military.

The South African Defence Force (SADF) and the ANC reached an agreement on the principles of military integration at Simons town in April 1993.3

  • 1. Stephen F. Burgess, “Fashioning Integrated Security Forces after Conflict,” African Security 1, no. 2 (2008): 77.
  • 2. "New group to rally mixed army of South Africa's fighting men," The Herald (Glasgow), September 9, 1993.
  • 3. Norma Kriger and Patrick Bond, “Negotiations and the Military in South Africa," Africa Today 42, no. 1/2, The Military and Democratic Transitions (1st Qtr. -2nd Qtr., 1995), pp. 124-133; also see Hugo van der Merwe and Guy Lamb, "DDR and Transitional Justice in South Africa: Lessons Learned" (2009), accessed June 11, 2010, http://www.ictj.org/en/research/projects/ddr/country-cases/2384.html.
1994

Minimum Implementation

In April 1994, seven forces were combined into one, constituting the South African National Defence Force (SANDF), as laid out in the Interim Constitution of 1993. The reduction of funds allocated to defense rendered the Joint Military Co-ordinating Committee (JMCC) strategic planning process, which had envisaged a SANDF strength of 90 000, unaffordable. Therefore, a demobilization and/or rationalization process also had to established. According to van Stade, “A Personnel Rationalisation Work Group (PRWG) has been instituted in order to oversee the rationalisation process from within the SANDF. The composition of the PRWG includes representatives from all the constituent forces, the Secretary for Defence and memebrs of the British Military Advisory and Training Team (BMATT), and is aimed at ensuring a transparent process within the margins of fair labour practices. This work group has recently instituted a sub-work group to make proposals in respect of psychological and social support to members and their families who will be affected by the rationalisation process in the SANDF. A special Consultation Forum has also been established to negotiate with employee organisations in respect of civilian members that could be affected by the rationalisation process."4

The New South African National Defence Force (SANDF) was created in 1994 and designed to reintegrate some 21,000 members of the military wing of the ANC, and 6,000 from the armed wing of the PAC into SANDF.5

The SANDF reported said that almost half of the MK members who reported to the assembly point northeast of Pretoria had to be turned away, as their names had not been on the list provided to them by rebel leaders.6

  • 4. L. B. van Stade, “Rationalisation in the SANDF: The Next Challenge,” African Security Review 6, no. 2 (1997), accessed December 6, 2010, http://www.issafrica.org/Pubs/ASR/6No2/VanStade.html.
  • 5. Keesing's Record of World Events, Volume 40, October, 1994, South Africa, p. 40215.
  • 6. "SOUTH AFRICA; Defence Force turns away non-listed MK members," BBC Summary of World Broadcasts, June 15, 1994.
1995

Intermediate Implementation

Approximately 10,500 former Umkhonto we Sizwe and Azanian People's Liberation Army [APLA] troops were integrated into the South African National Defence Force by June 12, 1995. “Two had been commissioned at the rank of lieutenant-general and nine at that of major-general”. In an interview dated February 15, 1995, South African President Mandela stated that the “integration of former guerrillas into the South African National Defence Force (SANDF) was going "very well."7

By May 24, 1995, 11,464 recruits were in a pre-selection phase or had been placed. A total of 11,224 letters of appointment had been issued, of which 10,427 were accepted. According to the statement of General Meiring, 43 percent, or 15,416 of the 34,800 former MK and APLA troops wishing to be integrated, had reported at assembly areas. Of these, 10 had since been arrested for serious crimes. According to a statement, “another 1,535 had joined the South African Police Service, resigned or had been dismissed for absence without leave."8

On July 11, 1995, members of the ANC Military Wing (MK) who were not assimilated into the SANDF were asked, for the last time, to report to the Wallmannsthal base on July 25, 1995. All former MK members whose name appeared on either the certified or noncertified personnel registered were asked to report.9

  • 7. "South africa; Mandela says SANDF integration going 'very well,'" BBC Summary of World Broadcasts, February 16, 1995.
  • 8. "SOUTH AFRICA; Nearly 10,500 MK and APLA troops appointed to SANDF," BBC Summary of World Broadcasts, June 14, 1995.
  • 9. "SOUTH AFRICA; "Last chance" appeal for former MK members to join SANDF," BBC Summary of World Broadcasts, July 13, 1995.
1996

Full Implementation

“Of the approximately 28,000 originally registered Umkhonto weSizwe (MK) and 6,000 Azanian People's Liberation Army (Apla) members, about 16,000 reported for integration and, of these 4,000 chose to demobilize."10 According to a news report, approximately 18,000 former MK and APLA members reported to the SANDF force during the 18-month reintegration process, which ended in November 1996.11

  • 10. "South Africa; Army marches into the future," Africa News, November 8, 1996.
  • 11. "SOUTH AFRICA; Nearly 18,000 former guerrillas integrated into army in 18 months," BBC Summary of World Broadcasts, December 10, 1995.
1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Police Reform

National Peace Accord, Chapter 3, Security Forces:

3.1 General Principles

3.1.1 The police shall endeavour to protect the people of South Africa from all criminal acts and shall to do so in a rigorously non-partisan fashion, regardless of the political belief and affiliation, race, religion, gender or ethnic origin of the perpetrators or victims of such acts.

3.3 Police Board:

Implementation History
1993

Minimum Implementation

The 1993 Accord calls for police reforms that included the formation of a Police Board, changes in the leadership and composition of the forces, subject to negotiations, and legislative and legal reforms. At the time of negotiations, there were eleven police forces in South Africa, the largest was the South African Police (SAP) at 112,000 members. In total there were over 140,000 police personnel in South Africa.1

During negotiations, a Police Board was established in an agreement which would be later reaffirmed by the 1993 Accord. The Police Board was formed on September 14, 1991, and was to monitor and advise the police force during the political transition. The 1993 interim constitution included more detailed provisions that were to substantially reform the police force.

  • 1. Janine Rauch, “Police Reform and South Africa’s Transition,” (conference paper presented at the South African Institute for International Affairs, 2000), 1.
1994

Intermediate Implementation

A major step towards reform and the de-politicization of the police force took place in 1994 when “a group of the most senior officers in the South African police were last night sent on indefinite leave after having been accused of acting to sabotage the country's progress to democracy. They are accused of supervising a unit which distributed arms to the Inkatha Freedom Party."2 After the 1994 election, the new government changed the name of the national police force to the South African Police Service, and appointed new police leadership, which included a National Commissioner appointed directly by the President.

  • 2. "South Africa suspends top police chiefs," The Times, March 19, 1994.
1995

Intermediate Implementation

Approximately 1,535 former MK and APLA combatants joined the South African Police Service.3

The South African Police Service Act was passed on October 4, 1995. This act restructured the Police Service into National Divisions with provincial demarcations to match the new provincial boundaries. It also created a National Commissioner of Police to enhance transparency in police policy and performance. It created statutory "Community-Police Forums" where local police station commissioners would be accountable to the local community. It also created a statutory "Independent Complaints Directorate" which would receive and investigate public complaints of police misconduct. The Directorate would be independent of the police and would report directly to the Minister of Safety and Security.4

  • 3. "SOUTH AFRICA; Nearly 10,500 MK and APLA troops appointed to SANDF," BBC Summary of World Broadcasts, June 14, 1995.
  • 4. Janine Rauch, “Police Reform and South Africa’s Transition.”
1996

Intermediate Implementation

It was reported in 1996 that following negotiations, the integration of former MK and APLA combatants into the SANDF was completed by the end of the year.5

  • 5. "SOUTH AFRICA; South Africa: finance minister delivers budget speech," BBC Summary of World Broadcasts, March 18, 1996).
1997

Intermediate Implementation

No developments observed this year.

1998

Intermediate Implementation

While police reforms continued, they cannot be clearly linked to the accord.6 Violent crime and murder increased dramatically over the next decade. The murder rate was 59.0 per 100,000 of the population in 1998, one of the highest rates in the world.7

  • 6. Janine Rauch, “Police Reform and South Africa’s Transition.”
  • 7. "SOUTH AFRICA: REVIEW 2000," Africa Review World of Information, August 30, 2000.
1999

Intermediate Implementation

No further developments observed.

2000

Intermediate Implementation

No further developments observed.

2001

Intermediate Implementation

No further developments observed.

2002

Intermediate Implementation

No further developments observed.

Demobilization

The Pretoria Minute of August 1990, Article 3.

Implementation History
1993

No Implementation

The 1993 interim constitutions established the South African National Defence Force (SANDF). All guerrilla forces were expected to be integrated into the new SANDF. Therefore, demobilization and reintegration were not an issue in 1993.

1994

Minimum Implementation

In April 1994, seven forces were combined into one, constituting the united South African National Defence Force (SANDF), as laid out in the Interim Constitution of 1993. The reduction of funds allocated to defense rendered the Joint Military Co-ordinating Committee (JMCC) strategic planning process, which had envisaged a SANDF strength of 90, 000, unaffordable. Therefore, a demobilization and/or rationalization process was started. According to van Stade: “A Personnel Rationalisation Work Group (PRWG) has been instituted in order to oversee the rationalisation process from within the SANDF. The composition of the PRWG includes representatives from all the constituent forces, the Secretary for Defence and memebrs of the British Military Advisory and Training Team (BMATT), and is aimed at ensuring a transparent process within the margins of fair labour practices. This work group has recently instituted a sub-work group to make proposals in respect of psychological and social support to members and their families who will be affected by the rationalisation process in the SANDF. A special Consultation Forum has also been established to negotiate with employee organisations in respect of civilian members that could be affected by the rationalisation process."1

Since the integration into the new armed force had just started, demobilization and reintegration was not issue.2

  • 1. L.B. van Stade, “Rationalisation in the SANDF: The Next Challenge,” African Security Review 6, no. 2, (1997), accessed December 6, 2010, http://www.issafrica.org/Pubs/ASR/6No2/VanStade.html.
  • 2. Note: For approach and principles and the criteria to use when identifying individuals for non-renewal of contracts and retrenchment see ibid.
1995

Intermediate Implementation

“The formal demobilisation and reintegration process started after 1994 and legislation to this effect was passed in 1996."3 “The legislative framework for demobilization and reintegration was only in place in 1996 with the institution of the policy White Paper on Defence and Demobilization Act. As demobilization had started in 1995 after the democratic elections in 1994, these had to have a retrospective effect. The demobilized were supposed to be catered for by a three-legged demobilization and reintegration strategy:

- gratuity payment, calculated according to length of service in the liberation
armies;
- counselling and advisory service to guide the ex-fighters on how to manage
their gratuities as well as to advise on the options available to support their
reintegration; and
- skills upgrade via the Service Corps training scheme hitherto inappropriately located in the department of defense.”4

On August 25, 1995, Defence Minister Joe Modise made an announcement to cut the SANDF strength from 135,000 to 75,000 members by 1999. The SANDF chief said that “about 10,000 members of former black liberation armies ineligible or unwilling to serve in the South African National Defence Force (SANDF) would be demobilised immediately at a cost of 225 million rands (60 million dollars) in gratuity payouts."5 It was reported that eleven former members of political militias were appointed in the SANDF generals rank. They were among 1,300 officers selected from 14,600 former MK and APLA cadres already integrated with the SANDF.6

Approximately 18,000 former MK and APLA members reported to the SANDF force during the 18-month reintegration process, which ended in November 1996. Several of the 17,824 former cadres chose demobilization.7

The government introduced a Bill to facilitate the reintegration of demobilized combatants into civil society by providing for a demobilization gratuity. A Service Corps was created, which was dedicated to the training of ex-combatants in skills suitable to their reintegration into civilian life.8

  • 3. Lephophotho Mashike, “Standing down or standing out? Demobilising and reintegrating former soldiers,” African Security Review 9, no. 5/6 (2000).
  • 4. Gwinyayi A. Dzinesa, “Postconflict Disarmament, Demobilization, and Reintegration of Former Combatants in Southern Africa,” International Studies Perspectives 8, no. 1 (2007): 81.
  • 5. "South Africa to slash its military by 60,000 to 75,000," Deutsche Presse-Agentur, August 22, 1995.
  • 6. "SOUTH AFRICA; Eleven former guerrillas appointed army generals," BBC Summary of World Broadcasts, October 9, 1995.
  • 7. "SOUTH AFRICA; Nearly 18,000 former guerrillas integrated into army in 18 months," BBC Summary of World Broadcasts, December 10, 1995.
  • 8. "SOUTH AFRICA; Former MK, APLA members demobilized from SANDF," BBC Summary of World Broadcasts, September 9, 1995.
1996

Full Implementation

The SANDF became a transformed and reformed organization. “Of the approximately 28 000 originally registered Umkhonto weSizwe (MK) and 6 000 Azanian People's Liberation Army (Apla) members, about 16 000 reported for integration and, of these, almost 4 000 chose to demobilise. Of those that integrated, almost 1 700 were appointed as officers - a remarkably high percentage - of which 150 are women. Of these officers, comprising about 10% of all regular force SANDF officers, 11 became generals, including the country's first black woman general. This group, together with the 500 officers from the former homelands' forces, is the strategic base from which to develop broad representivity of black officers at all levels of command."9

Approximately 18,000 former MK and APLA members reported to the SANDF force during the 18-month reintegration process, which ended in November 1996.10

  • 9. "South Africa; Army marches into the future," Africa News, November 8, 1996.
  • 10. "SOUTH AFRICA; Nearly 18,000 former guerrillas integrated into army in 18 months," BBC Summary of World Broadcasts, December 10, 1995.
1997

Full Implementation

The process to integrated, demobilize, or reintegrated former combatants from the rebel armed force was completed by the end of 1996.

No further developments observed this year.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Reintegration

1993 interim constitution has the following provision on reintegration:

236. Transitional arrangements: Public administration

Section 8

Implementation History
1993

No Implementation

The 1993 interim constitution established the South African National Defence Force (SANDF). All guerrilla forces were expected to be integrated into the new SANDF. Therefore, demobilization and reintegration were not issue in 1993.

1994

Minimum Implementation

In April 1994, seven forces were combined into one, constituting the united South African National Defence Force (SANDF), as laid out in the Interim Constitution of 1993. The reduction of funds allocated to defense rendered the Joint Military Co-ordinating Committee (JMCC) strategic planning process, which had envisaged a SANDF strength of 90,000, unaffordable. Therefore, a demobilization and/or rationalization process started. According to van Stade: “A Personnel Rationalisation Work Group (PRWG) has been instituted in order to oversee the rationalisation process from within the SANDF. The composition of the PRWG includes representatives from all the constituent forces, the Secretary for Defence and members of the British Military Advisory and Training Team (BMATT), and is aimed at ensuring a transparent process within the margins of fair labour practices. This work group has recently instituted a sub-work group to make proposals in respect of psychological and social support to members and their families who will be affected by the rationalisation process in the SANDF. A special Consultation Forum has also been established to negotiate with employee organisations in respect of civilian members that could be affected by the rationalisation process."1

Since the integration into the new armed forces had just started, demobilization and reintegration was not issue.2

  • 1. L. B. van Stade, “Rationalisation in the SANDF: The Next Challenge,” African Security Review 6, no. 2 (1997), accessed December 6, 2010, http://www.issafrica.org/Pubs/ASR/6No2/VanStade.html.
  • 2. Note: For approach and principles and criteria to use when identifying individuals for non-renewal of contracts and retrenchment see ibid.
1995

Full Implementation

“The formal demobilisation and reintegration process started after 1994 and legislation to this effect was passed in 1996."3

“The legislative framework for demobilization and reintegration was only in place in 1996 with the institution of the policy White Paper on Defence and Demobilization Act. As demobilization had started in 1995 after the democratic elections in 1994, these had to have a retrospective effect. The demobilized were supposed to be catered for by a three-legged demobilization and reintegration strategy:

- gratuity payment, calculated according to length of service in the liberation
armies;
- counselling and advisory service to guide the ex-fighters on how to manage
their gratuities as well as to advise on the options available to support their
reintegration; and
- skills upgrade via the Service Corps training scheme hitherto inappropriately located in the department of defense.”4

On August 25, 1995, Defence Minister Joe Modise made an announcement to cut the SANDF strength from 135,000 to 75,000 members by 1999. The SANDF chief said that “about 10,000 members of former black liberation armies ineligible or unwilling to serve in the South African National Defence Force (SANDF) would be demobilised immediately at a cost of 225 million rands (60 million dollars) in gratuity payouts."5 It was reported that eleven former members of political militias were appointed in the SANDF generals rank. They were among 1,300 officers selected from 14,600 former MK and APLA cadres already integrated with the SANDF.6

Approximately 18,000 former MK and APLA members reported to the SANDF force during the 18-month reintegration process, which ended in November 1996. Several of the 17,824 former cadres had chosen demobilization.7

The government introduced a bill to facilitate the reintegration of demobilized combatants into civil society by providing for a demobilization gratuity. A Service Corps was created, which was dedicated to the training of ex-combatants in skills suitable to their reintegration into civilian life.8

  • 3. Lephophotho Mashike, “Standing down or standing out? Demobilising and reintegrating former soldiers,” African Security Review 9, no. 5/6 (2000).
  • 4. Gwinyayi A. Dzinesa, “Postconflict Disarmament, Demobilization, and Reintegration of Former Combatants in Southern Africa,” International Studies Perspectives 8, no. 1 (2007): 81.
  • 5. "South Africa to slash its military by 60,000 to 75,000," Deutsche Presse-Agentur, August 22, 1995.
  • 6. "SOUTH AFRICA; Eleven former guerrillas appointed army generals," BBC Summary of World Broadcasts, October 9, 1995.
  • 7. "SOUTH AFRICA; Nearly 18,000 former guerrillas integrated into army in 18 months," BBC Summary of World Broadcasts, December 10, 1995.
  • 8. "SOUTH AFRICA; Former MK, APLA members demobilized from SANDF," BBC Summary of World Broadcasts, September 9, 1995.
1996

Full Implementation

The SANDF became a transformed and reformed organization. “Of the approximately 28,000 originally registered Umkhonto weSizwe (MK) and 6,000 Azanian People's Liberation Army (Apla) members, about 16,000 reported for integration and, of these, almost 4 000 chose to demobilise. Of those that integrated, almost 1,700 were appointed as officers - a remarkably high percentage - of which 150 are women. Of these officers, comprising about 10% of all regular force SANDF officers, 11 became generals, including the country's first black woman general. This group, together with the 500 officers from the former homelands' forces, is the strategic base from which to develop broad representivity of black officers at all levels of command.”9

Approximately 18,000 former MK and APLA members reported to the SANDF force during the 18-month reintegration process, which ended in November 1996.10

  • 9. "South Africa; Army marches into the future," Africa News, November 8, 1996.
  • 10. "SOUTH AFRICA; Nearly 18,000 former guerrillas integrated into army in 18 months," BBC Summary of World Broadcasts, December 10, 1995.
1997

Full Implementation

The process to integrate, demobilize, or reintegrate former combatants from the rebel armed force was completed by the end of 1996.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Prisoner Release

Pretoria Minute:

The further release of prisoners which can be dealt with administratively will start on 1 September 1990. Indemnity which can be dealt with in categories of persons and not on an individual basis will be granted as from 1 October 1990. This process will be completed not later than the end of 1990.

Report of the Working Group of the Groote Schuur Minute 6.6.1:

Implementation History
1993

Full Implementation

The 1993 Accord reaffirmed and contained earlier agreements such as "The Pretoria Minute" of 1991 which was an agreement on the release of political prisoners. The Pretoria Minute established that by 1991 all political prisoners would be freed. The ANC broke off negotiations with the government protesting that the April 30 deadline "for the release of all remaining political prisoners had not been met." In June the ANC and the government reached the final agreement on "the process of release."1 The Government enacted the Further Indemnity Act of 1992 that freed the remaining political prisoners who did not fall under the previous definitions of having committed political crimes. All remaining political prisoners were released in 1992 and 1993.

  • 1. "South Africa," Keesing's Record of World Events (Volume 37), June 1991, 38270.
1994

Full Implementation

No further developments observed.

1995

Full Implementation

No further developments observed.

1996

Full Implementation

No further developments observed.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Human Rights

National Peace Accord Article 1.1 Rights of individuals in South Africa, Principles:

1.1 The establishment of a multi-party democracy in South Africa is our common goal.

Implementation History
1993

Human rights situation deteriorated in South Africa with the increase in violent activities. “In its October 1992 figures for the year to date, the independent Human Rights Commission (hrc) reported that 1,147 people had been killed in political violence in Natal, including 32 killed by the security forces. Attacks on prominent grassroots organizers continued and in many cases blocked local efforts to establish peace.” One important effort on the side of government to end violence was the establishment of the Goldstone Commission, which was formed in 1991. The commission had mandate to investigate public violence. “In 1992, it publicly recommended steps the government should take to end the violence.” The commission established its reputation as an independent and unbiased body and made numerous recommendations to the government, some of which were not implemented. Following reports of deaths in detention, “the government allowed the International Committee of the Red Cross to examine prisons in South Africa for the first time.”1

According to the Human Rights Watch report, “During 1993, some steps were taken to increase accountability in the law enforcement system, but abuses of human rights continued to be committed by the security forces, including detention without trial and torture and ill-treatment of detainees. South Africa signed several human rights treaties during 1993, including the Convention Against Torture and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).” The report further states that “the structures of the September 1991 National Peace Accord (NPA), including the Goldstone Commission of Inquiry into the causes of the violence, continued to function during 1993. Measures taken under the NPA, especially the establishment of local dispute resolution committees, were widely credited with the decline in political violence in late 1992 and early 1993.” According to the report, “the South African government continued to allow greater freedom than in the past to organizations monitoring human rights based both inside and outside the country."2

The Constitution of the Republic of South Africa Act 200 of 1993 made a provision for the establishment of the South African Human Rights Commission. The interim constitution granted fundamental rights. The constitution also had a provision for the establishment of constitutional court.

1994

In October 1994, the Constitutional Court announced that its first case would be to decide the constitutionality of the death penalty. Although violence was the major problem, all official restrictions on monitoring human rights abuses were lifted with the installation of the new government.3 The Human Rights Commission Act 54 of 1994 was passed on 7 December 1994 paving the way for the establishment of Human Rights Commission in South Africa.

1995

The Constitutional Court made a decision to abolish the death penalty on June 7, 1995.4 The Human Rights Commission was inaugurated on October 2, 1995 under the Human Rights Commission Act 54 of 1994 and as provided for by the Constitution of the Republic of South Africa Act 200 of 1993.5 The provision of human rights in the interim constitution was fully implemented with the establishment of the Human Rights Commission and the functioning interim constitution.

1996

The Human Rights provisions were implemented. Six institutions for the Protection of Human Rights mentioned in sections 116-119 of the interim Constitution were created and incorporated into the Final Constitution. These were: The Public Protector, the Human Rights Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (replaced the Volkstaat Council), the Commission for Gender Equality, the Auditor General and the Electoral Commission. It was established that no rule could limit the individual rights guaranteed by the Bill of Rights. However, the creation of a Human Rights culture faced challenges in so far as crime rates were the fourth largest in the world, the police continued to abuse power, and prisoners were victims of inhuman treatment (breaching the rights of the Arrested, Detained and Accused Persons). Socio-economic rights were hindered by the structural inequalities present in South Africa.

1997

No further developments observed.

1998

No further developments observed.

1999

No further developments observed.

2000

No further developments observed.

2001

No further developments observed.

2002

No further developments observed.

Amnesty

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 16, National Unity and Reconciliation:

Implementation History
1993

Minimum Implementation

Negotiations over the issue of amnesty in South Africa began before the 1993 accord was formally signed. The African National Congress rejected a blanket amnesty policy which was was brought forth by the government as a means of absolving killers and torturers among the government security forces.1

The South African government sent legislation to the white-controlled Parliament that would protect state officials against prosecution under a systematic amnesty. The ANC was fearful that the law would be used to erase evidence of assassinations, torture and other atrocities by defenders of apartheid, and condemned the measure as tantamount to a criminal pardoning himself.2 However, Parliament defeated the amnesty bill on October 21, 1992.3

After the amnesty bill’s defeat in the parliament, the 60-member president’s council permitted Mr. de Klerk to sign the bill into law. “But the Council recommended that the bill be changed to require the disclosure of crimes committed by people who receive amnesty”. Since the recommendation was not mandatory, critics of the bill have said that the measure amounted to a blanket pardon of security force members who tortured and killed in defense of apartheid.4

  • 1. "ANC rejects blanket amnesty for South Africa troops, police," The Record (Kitchener-Waterloo, Ontario), August 18, 1992.
  • 2. "South Africa Extends Political Amnesty," The New York Times, October 17, 1992, p. 3.
  • 3. "South Africa's Amnesty Bill Defeated; De Klerk Seeks Override by Submitting Proposal to Special Deadlock-Breaking Body," The Washington Post, October 22, 1992, p. A26.
  • 4. "Panel in South Africa Backs De Klerk's Plan for Amnesty," The New York Times, October 31, 1992, p. 4.
1994

Minimum Implementation

The ANC–led government was not able to work out a compromise bill on amnesty. Therefore, the government made a decision to propose a bill to Parliament. According to the provision, “anyone seeking amnesty for crimes defending or opposing apartheid would have to tell the Truth Commission details of what they did and have their names and the events they were involved in published. Once granted amnesty, they could never be prosecuted or sued for their activities.”5

  • 5. "SOUTH AFRICA DECLARES PLANS TO GO WITH OWN AMNESTY BILL," News & Record (Greensboro, NC), October 21, 1994.
1995

Minimum Implementation

On April 5, 1995, the cabinet approved the draft bill for the TRC. The cut-off date for amnesty regarding political crime remained December 5, 1993, despite protests from various sources.6 As of July 1995, “more than 2,000 members of the former liberation movements in South Africa have applied for amnesty for crimes committed with a political objective.”7 However, issues related to the cut-off date remained contentious.

  • 6. "South Africa; Cabinet approves draft amnesty bill," BBC Summary of World Broadcasts, April 7, 1995.
  • 7. "SOUTH AFRICA; Justice minister says over 2,000 have applied for amnesty for political crimes," BBC Summary of World Broadcasts, August 1, 1995.
1996

Minimum Implementation

On September 3, 1996, the Truth and Reconciliation Commission granted its first amnesty after hearing a case that met the criteria set out in the law.8 By December 6, 1996, the TRC had received approximately 3,500 applications for amnesty.9

  • 8. "South Africa; Truth Panel Issues First Amnesty," Africa News, September 3, 1996.
  • 9. "South Africa; Truth Commission Issues Amnesty Statistics," Africa News, December 6, 1996.
1997

Minimum Implementation

Before the May 10, 1997 deadline, 7,046 applicants applied to the TRC for amnesty for political crimes. By the end of 1997, the Truth Commission's amnesty committee had dealt with only 2,575 amnesty applications. Public hearings continued in order to consider another 1,387 applications involving around 7,000 different incidents.10

  • 10. "South Africa; Huge backlog set to prolong life of amnesty process," Africa News, January 28, 1998.
1998

Intermediate Implementation

The TRC granted amnesty to 37 senior African National Congress members, but the commission and the National Party successfully challenged the decision of the TRC in a Cape High Court. The TRC then decided to appoint a new panel to review the amnesty application of these 37 ANC members.11

Even though the application for amnesty was said to be closed in May 1997, former security personnel, as well as politicians, applied for amnesty. According to Associate Press, by August 1998, the TRC processed 4,443 applications 7,060. The TRC granted amnesty to 151 people and denied it for the rest.12

  • 11. "South Africa; New panel to investigate blanket amnesty 1998," Africa News, May 26, 1998.
  • 12. "Truth panel has dealt with two thirds of amnesties in South Africa," Associated Press, August 07, 1998.
1999

Intermediate Implementation

On December 10, 1999, the TRC announced that it had granted amnesty to 568 applicants and refused 5,287 other applicants.13

  • 13. "South Africa Politics; Commission Granted Amnesty To 568 Applicants," Africa News, December 10, 1999.
2000

Intermediate Implementation

The TRC hearing on amnesty continued. No statistics available.

2001

Intermediate Implementation

On May 31, 2001, the amnesty committee of the TRC finished its hearings from both sides during the liberation struggle. By March 2001, the committee had received 7,100 requests for pardons for crimes committed under apartheid. A total of 913 were granted and 5,457 refused. The committee had “recommended the government pay victims long-term reparations of between 17,000 and 22,000 rand (2,100 and 2,700 dollars) a year for six years for a total cost of some three billion rand (375 million dollars)."14

  • 14. "South Africa's amnesty committee wound up," Agence France Presse – English, June 1, 2001.
2002

Intermediate Implementation

Amnesty continued to be debated on a case by case basis for several years; no further major developments were reported.

Citizenship Reform

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 2 Citizenship and Franchise, Section 5 Citizenship:

(1) There shall be a South African citizenship.

(2) South African citizenship and the acquisition, loss and restoration of South African citizenship shall, subject to Section 20 read with Section 33 (1), be regulated by an Act of Parliament.

Implementation History
1993

Full Implementation

“South Africa's white-dominated parliament passed into a law a bill restoring citizenship to millions of blacks stripped of their rights under apartheid” on December 15, 1993.1 Almost seven million people living in the four homelands (Ciskei, Bophuthatswana, Transkei and Venda ) were deprived of their citizenship when the territories accepted independence from Pretoria, starting with Transkei in 1976 and ending with Ciskei in 1981. This bill would allow them also to vote in the first non-racial election. The bill was one of a package of legislations presented by the multi-party democracy talk.2

  • 1. "South Africa's parliament restores citizenship to blacks," Agence France Presse – English, December 15, 1993.
  • 2. ibid.
1994

Full Implementation

Citizenship provision was implemented in 1993.

1995

Full Implementation

No further developments observed.

1996

Full Implementation

No further developments observed.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Children's Rights

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 30 Children:

(1) Every child shall have the right:

(a) to a name and nationality as from birth;

(b) to parental care;

(c) to security, basic nutrition and basic health and social services;

(d) not to be subject to neglect or abuse; and

Implementation History
1993

Intermediate Implementation

The National Peace Accord of 1991 did not contain any provisions related to children's rights or protections. The 1993 Interim Constitution which reaffirmed the 1991 agreement, did contains a children's rights provision.

The Interim Constitution was in effect until 1996.

1994

Intermediate Implementation

No developments observed this year.

1995

Intermediate Implementation

No developments observed this year.

1996

Full Implementation

In 1996, the provision for children’s rights that was in the Interim Constitution of 1993, became part of the final constitution of 1996. In the new Constitution of 1996, children are protected under the Bill of Rights which includes education.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Education Reform

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3 Fundamental Rights, Section 32 Education:

Every person shall have the right-

(a) to basic education and to equal access to educational institutions;

(b) to instruction in the language of his or her choice where this is reasonably practicable; and

Implementation History
1993

Minimum Implementation

The Interim constitution had provisions for rights related to basic education, non-discrimination on the grounds of race, and the establishment of educational institutions based on a common culture, language or religion.

1994

Minimum Implementation

On January 13, 1994, the ANC suggested an overhaul of the school system and proposed 10-year free and compulsory education for young adults. According to the proposal, adult basic education, early childhood "educare" and the schooling of those with learning disabilities would also receive special attention.1

  • 1. "SOUTH AFRICA-EDUCATION: PLANNING THE WAY FORWARD," IPS-Inter Press Service, January 13, 1994.
1995

Intermediate Implementation

On September 2, 1995, the legislature passed the National Education Policy Bill. The bill gave “every South African the right to establish education institutions based on common language, culture or religion as long as there is no discrimination on grounds of race. The National Education Policy Bill gives every person the right to basic education and equal access to educational institutions, and the right to education in a language of choice where reasonably practicable.”2

  • 2. "SOUTH AFRICA; National Education Policy Bill published in parliament," BBC Summary of World Broadcasts, September 4, 1995.
1996

Intermediate Implementation

The provisions of the 1995 legislation were further institutionalized in the constitution of 1996.

No further developments.

1997

Intermediate Implementation

No further developments observed.

1998

Intermediate Implementation

No further developments observed.

1999

Intermediate Implementation

No further developments observed.

2000

Intermediate Implementation

No further developments observed.

2001

Intermediate Implementation

No further developments observed.

2002

Intermediate Implementation

No further developments observed.

Official Language and Symbol

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 1, Sections 2 National symbols:

(1) The national flag of the Republic shall be the flag the design of which is determined by the President by proclamation in the Gazette.

(2) The national anthem of the Republic shall be as determined by the President by proclamation in the Gazette.

Implementation History
1993

Intermediate Implementation

Choosing a new flag was part of the negotiation process set into motion when Nelson Mandela was released from prison in 1990.1 Nothing happened in terms of its design in 1991/1992.

The language debate continued with ANC in favor of abolishing a single official language. The ANC’s position was that the “ practical functioning of state administration requires the existence of English and Afrikaans as national official languages.”2

The National Symbole Commission received more than 7,000 different designs when a national completion was held in 1993. Six designs were chosen but none draw enthusiastic support.3

On November 18, 1993, a consensus was rapidly reached that South Africa will have 11 different languages. The importance of the decision was that South Africans will not be forced, if they so choose, to speak any language other than the one that they learned at home.4

1994

Intermediate Implementation

The chief negotiators from the ANC and the NP government were tasked with resolving the flag issue in February, 1994. “A final design was adopted on May 15, 1994- derived from a design developed by South Africa’s former state Herald, Fred Brownell. The new South African national flag first flew on 10 May 1994 – the day Nelson Mandela became president, two weeks after the country's first democratic elections of 27 April 1994.”5

In 1994, the language issue resurfaced again as “the national unity government tried to include a clause in the constitution by giving an equal status to the country's 11 languages. But instead of creating harmony, the legislation has drawn fresh lines in the ethnic battleground. Most of the current controversy swirls around Afrikaans and English, which were the languages of record for many years under white minority rule. This meant the country's nine indigenous African languages, spoken by most of the population as first languages, were ignored”. South Africa's indigenous languages are Ndebele, South Sotho, North Sotho, siSwati, Xitsonga, Setswana, Tshivenda, Xhosa and Zulu.6

1995

Intermediate Implementation

Following sharp difference between the ANC and NC, the Constitutional Assembly, on February 20, 1995, set up a special multiparty committee to work on the language issue.7

The first government document in all official 11 languages - draft legislation on the Pan-South African Language Board, the country's new language watchdog - was released on 29th June, 1995.

  • 7. "SOUTH AFRICA; Constitutional Assembly forms committee to review language usage," BBC Summary of World Broadcasts, February 20, 1995.
1996

Intermediate Implementation

The language debate continued. Nevertheless, in the Founding Principle of the 1996 Constitution, the official languages of the Republic that were acknowledged are: Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu.

1997

Intermediate Implementation

No further developments observed.

1998

Intermediate Implementation

No further developments observed.

1999

Intermediate Implementation

No further developments observed.

2000

Intermediate Implementation

No further developments observed.

2001

Intermediate Implementation

No further developments observed.

2002

Intermediate Implementation

No further developments observed.

Cultural Protections

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 31 Language and culture:

Every person shall have the right to use the language and to participate in the cultural life of his or her choice.

Constitution of the Republic of South Africa Act 200 of 1993, Section 71 Constitutional Principles and certification:

(1) A new constitutional text shall-

Implementation History
1993

Minimum Implementation

The interim constitution of 1993 protected the right to use the language and to participate in the cultural life of his or her choice. Nevertheless, the language debate between the ANC and the NP shadowed the debate on cultural protections and how that could better be protected in the final constitution.

1994

Minimum Implementation

The constitutional debate on cultural protections had yet to start.

1995

Minimum Implementation

The constitutional debate on cultural protections had yet to start.

1996

Minimum Implementation

According to a news report, “a compromise has been brokered in the language and customs area with a proposed Commission for the Promotion and Protection of the Rights of Cultural Religious and Linguistic Communities, which in essence prohibits the state from barring private institutions such as schools from promoting minority rights.”1

According to the Human Rights Commission of South Africa, the amorphous nature of cultural rights is recognized by the 1996 Constitution by providing a constitutional mechanism to establish a Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CPPR). The “Constitution protects minority rights. Specific attention has been paid to avoiding terminology, such as ethnic minority to avoid any association with the ethnic particularism of apartheid ideology. Instead the language of the Constitution refers to “persons belonging to a cultural community.” The emphasis has been focused on the minority rights of Afrikaans speaking whites.2

The CPPR, however, was not established in 1996.

1997

Minimum Implementation

The CPPR was not established in 1997.

1998

Minimum Implementation

President Mandela, in his address to the Parliament on February 6, 1998, said that the government was a step closer to setting up the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.3

The Constitutional development minister, Valli Moosa, said, on May 13, 1998, that he would table a proposal during the parliamentary session for the formation of a commission for the promotion and protection of the rights of cultural, religious and linguistic communities. The commission was said to be formed only after consultation with other parties.4 No such bill was presented in the Parliament.

  • 3. "South Africa; Address By President Nelson Mandela To Parliament," Africa News, February 6, 1998.
  • 4. "South Africa; Volkstaat Council must go," Africa News, May 13, 1998.
1999

Minimum Implementation

The commission was not established in 1999, even after three years of constitutional provisions.

2000

Minimum Implementation

On April 10, 2000, the South African government appointed a committee of well-known community leaders and experts to advise the government on cultural, religious and linguistic rights. The committee was “charged to advise the government on the establishment of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic communities.” “As one of the last independent institutions required by the Constitution to be established, the commission's main functions are to promote respect of the rights of communities as well as to develop peace, tolerance and national unity, among others."5 The commission has yet to be established.

  • 5. "South Africa; State Appoints National Advisory Committee On Culture," Africa News, April 10, 2000.
2001

Full Implementation

On September 5, 2001, the government finally tabled the long-awaited draft legislation to establish the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. The formation of the commission would promote respect for and protect the rights of "cultural, religious and linguistic communities.”6

The national assembly approved the bill in March 2002. On July 22, 2004, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) was officially launched in South Africa—the last of the “State Institutions Supporting Constitutional Democracy” to be set up under Chapter 9 of the 1996 Constitution.7

2002

Full Implementation

No further developments observed.

Economic and Social Development

National Peace Accord, Chapter 5 Measures to facilitate socio-economic reconstruction and development:

Implementation History
1993

No Implementation

Substantive issues related to economic reform, especially land reform, were addressed in the interim constitution.

1994

Intermediate Implementation

According to Joanne Yawitch, an ANC land-policy adviser, “ A reconstruction and development program of Mr. Mandela's African National Congress aims ’to redistribute 30 per cent of agricultural land within the first five years of the program.’ But it is a goal that may take twice as long to meet ‘because there will be huge fights.’”1

On November 8, 1994, Parliament passed a bill so that “victims of forced removals in South Africa can now reclaim their land”. “Millions of South African blacks who since 1913 were forcibly removed from their land under apartheid, can lodge claims for the return of their property”. The 212 members of Parliament voted in favor. Twenty six members rejected it. About 3.5 million poor and dispossessed people are to benefit under the government's land reform program. Some 30 percent of agricultural land would be redistributed within five years.2

  • 1. "But who will own the land? SOUTH AFRICA / The dispute over property rights symbolizes one of the greatest challenges for the new government," The Globe and Mail (Canada), May 10, 1994.
  • 2. "SOUTH AFRICA-POLITICS: LAND HUNGRY TASTE CHANGE," IPS-Inter Press Service, November 9, 1994.
1995

Intermediate Implementation

In February 1995, the South African government launched a land redistribution pilot program. In a press conference on February 28, 1995, Land Affairs Minister Derek Hanekom said the object of the plan was to "achieve equitable and fair land distribution and to promote and secure the effective use of land as a resource, in a sustainable way. That is a major challenge." The program which would go underway in areas in each of the nine provinces would cost 315 million rand (87 million dollars). Hanekom said that “80 percent of South African land belonged to 65,000 white farmers and the ultimate goal was to redistribute some 30 percent of that, most of which would come from bankrupt white farmers who had been kept afloat by state aid during apartheid rule.”3

  • 3. "South Africa launches land reform pilot rogramme," Agence France Presse, February 28, 1995.
1996

Intermediate Implementation

In his new year message to the National Parliament, president Mandela expressed the need to speed up the national reconstruction projects. He said that the land reform and housing programs were firmly on track.4

  • 4. "South Africa to Hasten Reconstruction: Mandela," Xinhua News Agency, DECEMBER 31, 1996.
1997

Intermediate Implementation

According to a news report of December 12, 1997, the Commission on the Restitution of Land Rights is "completely dysfunctional," under-funded, under-staffed and way behind on delivery, say land rights activists, government officials and commission insiders. Department of Agricultural and Land Affairs indicated that land restitution continues to lag far behind other land reform processes.5

  • 5. "South Africa; Land restitution lags behind," Africa News, December 12, 1997.
1998

Intermediate Implementation

A multi-pronged research project conducted by the National Land Committee made it clear that the land reform targets of redistribution 30% farm land to the target group - poor, black, rural households could not be achieved within the existing legislative, procedural and resource limitations. It was revealed that less than 1% of farmland was redistributed. The market approach of land reform was said not to be appropriate as increased demand created by land reform could itself be driving up the price of land, thus further limiting the resources available for redistribution.6

  • 6. "South Africa; Land reform targets are far, far away," Africa News, June 5, 1998.
1999

Intermediate Implementation

A lot of priority was given to reconstruction of the rural economic infrastructure, including land reform. Expected goals were not achieved. The Department of Land Affairs backtracked, saying it was unachievable to advance with the land reform initiatives. “Less than 1% of land has changed hands in the past five years, and the Rural Convention is poised to reassert the 30% demand for the next five years.”7

  • 7. "South Africa; The 'other half' gets talking," Africa News, April 23, 1999.
2000

Intermediate Implementation

In 2000, some progress on land reform was made, though the progress was very slow. According to a chief land claims commissioner, Wallace Mgoqi, “just over 63,400 restitution claims were lodged with the Land Claims Commission between January 1995 and the cut-off date of December 1998 by people who were forced from their land”. Among these cases, 4,925 claims were settled, benefitting some 91,406 people.8

  • 8. "Slow land reform in South Africa raises rural tempers," Agence France Presse, May 11, 2000.
2001

Intermediate Implementation

According to Commission on Restitution of Land Rights, a total of 39,209 households and 217,940 individuals benefited from the restitution process. Of the total number of claims settled, 7,343 claims were settled through actual restoration of land, benefiting about 23,000 households and 138,486 individuals with a total of 365,567 hectares of land restored. Beneficiaries for financial compensation totaled 16 330 households.9

With all these reconstruction and land reform initiatives, inequality in income and land possession remains between white and black communities.

  • 9. "South Africa; Statistics Show Land Claims Progress," Africa News, November 19, 2001.
2002

Intermediate Implementation

No further developments observed.

Ratification Mechanism

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 5, Section 68 Constitution-making Body:

(1) The National Assembly and the Senate, sitting jointly for the purposes of this Chapter, shall be the Constitutional Assembly.

(2) The Constitutional Assembly shall draft and adopt a new constitutional text in accordance with this Chapter.

Implementation History
1993

Minimum Implementation

The 1993 accord in South Africa was written to serve as an "interim constitution" until the accord could be legally ratified as part of a final constitution. According to the interim constitution, the adoption of the final constitution would be ratified by the Constitutional Court. The 1993 accord established numerous committees and commissions to draft various portions of a new constitution.

1994

Minimum Implementation

No developments observed this year.

1995

Intermediate Implementation

On November 18, 1995, the Constitutional Court began the second ratification hearing on the amended text for the final constitution, and on 4 December 1996, the Constitutional Court certified the amended document.

1996

Full Implementation

The New South African Constitution became law on December 10, 1996.1

  • 1. "SOUTH AFRICA SIGNS NEW CONSTITUTION," Courier Mail (Queensland, Australia), December 11, 1996; "South Africa; South Africa's New Constitution Takes Effect Today," Africa News, February 4, 1997.
1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Verification/Monitoring Mechanism

Record of Understanding (26 September 1992)

Progress will be reported to the Goldstone Commission and the National Peace Secretariat. United Nations observers may witness the progress in co-operation with the Goldstone Commission and the National Peace Secretariat.

(Note: This provision was not mentioned in the interim constitution)

Implementation History
1993

Intermediate Implementation

In South Africa, the accord called for the creation of three verification bodies: a “Goldstone Commission”, a “National Peace Secretariat”, and the deployment of UN observers to monitor and assist the two bodies in the transition period. Resolution 772 of August 17, 1992, authorized the deployment of United Nations Observer Mission in South Africa (UNOMSA) for an initial period of 6 months. It was extended 2 times until July 1994.

The Goldstone Commission, chaired by Justice Richard Goldstone, was appointed to investigate political violence occurring between July 1991 and the April 1994 general elections. Appointed by then president FW de Klerk on 24 October 1991, the commission submitted 47 separate reports. The Commission played a crucial role in stopping political violence surrounding the negotiations. The Goldstone Commission’s “Report on Violence at Mooi River”, demonstrates their use of various methods including public testimony, public hearings, local policing, and the setting up of local dispute resolution committees with members of conflicting societal groups or political parties at the specific location of trouble. The Goldstone Commission identified the South African secret police as the primary agents and provocateurs of violence.

The National Peace Secretariat was an apex organization that stood above the regional and local peace committees (LPCs) and dispute resolution committees. The regional and local committees were required to include local church, business, political and community leaders. They were tasked with reporting violence to be investigated by the Goldstone Commission, and monitoring and reported breaches of the peace accord. The National Peace Secretariat was essentially how the national government was connected to all these commissions.

The Security Council, by its resolution 772 of August 17, 1992, authorized the Secretary General to deploy, as a matter of urgency, United Nations Observers in South Africa. “The council also invited the Secretary General to assist in the strengthening of the structures set up under the National Peace Accord in consultation with the relevant parties: (a) the National peace Committee; (b) the Goldstone Commission; and (c) the National Peace Secretariat (United Nations Observer Mission in South Africa (UNOMSA): Report of the Secretary General.”1 According to the Secretary General’s report, UNOMSA was established in mid-September 1992. By early November 1992, the UN deployed 50 observers and 13 support staff. The mandate of the mission was to carry out its functions in close association with the National Peace Secretariat in order to further the purpose of the Accord. The Duration of the mission was initially estimated to be six months.2

According to the Secretary General’s report to the Security Council on the question of South Africa,3 UNOMSA personnel observed demonstrations, marches and other forms of mass action, noting the conduct of all parties, and endeavored to obtain information indicating the degree to which the parties’ actions were consistent with the principles of the National Peace Accords and the Goldstone Commission guidelines for marches and political gatherings.

The UNOMSA presence in South Africa extended until December 31, 1993, and then extended again until July 31, 1994. UNOMSA was more deeply involved in the peace process in South Africa than the initially agreed observer mandate. According to Report of the Secretary General on Financing of the UNOMSA, UNOMSA’s central role in the evolving political process required political negotiations and consultations up to the highest levels.4 Therefore, the Secretary General proposed the creation of a temporary post at the assistant general secretary level for the chief of the UNOMSA.

  • 1. A/C.5/47/79, December 15, 1992.
  • 2. Ibid.
  • 3. S/25004, December 22, 1992.
  • 4. A/C.5/48/28, 18 November 1993.
1994

Full Implementation

According to Secretary General’s Report to the Security Council, “Under its expanded mandate in accordance with Security Council resolution 894 (1994), UNOMSA continued its activities relating to peace promotion and the reduction of violence. Under the direction of the Mission’s Peace Promotion Division, observers continued to assist and cooperate with the National Peace Accord structures. As the electoral period progressed, the Division expanded its network of contacts to include the Monitoring Directorate of the IEC”. According to the report, “observers’ activities expanded to include observing and reporting on voter education, issuance of temporary voter’s cards, and on IEC attempts to select sites for and establish voting and counting stations.”5

Under the extended mandate, the UMOMSA had the following mandate in relations to observation of the electoral process:

(a) Observe the actions of the Independent Electoral Commission and its organs in all aspects and stages of the electoral process, verifying their compatibility with the conduct of a free and fair election under the Independent Electoral Commission and Electoral Acts;

(b) Observe the extent of freedom of organization, movement, assembly and expression during the electoral campaign and ascertain the adequacy of the measures taken to ensure that political parties and alliances enjoy those freedoms without hindrance or intimidation;

(c) Monitor the compliance of the security forces with the requirements of the relevant laws and the decisions of the Transitional Executive Council;

(d) Verify the satisfactory implementation of the dispositions of the Independent Media Commission and the Independent Broadcasting Authority Acts;

(e) Verify that the voter education efforts of the electoral authorities and other interested parties are sufficient and will result in voters being adequately informed on both the meaning of the vote and its procedural aspects;

(f) Verify that qualified voters are not denied the identification documents or temporary voter’s cards that will allow them to exercise their right to vote;

(g) Verify that voting occurs on election days in an environment free of intimidation and in conditions which ensure free access to voting stations and the secrecy of the vote; and verify that adequate measures have been taken to ensure proper transport and custody of ballots, security of the vote count and timely announcement of results;

(h) Coordinate the activities of observers from international governmental organizations and foreign Governments so as to ensure that they are deployed in an effective and coordinated manner; establish effective cooperation with South African and foreign non-government.

In the process, “UNOMSA officials continued to interact with political parties, attend rallies and other public events, investigate instances of intimidation and related complaints and work closely with the IEC and national, regional and local peace structures.”

UNOMSA carried out its mandate of electoral observation through voter education, which was related to implementation of a voter education campaign, non-partisan voter education, the role of the independent electoral commission, media and voter education, identity documentation, the conduct of the polling, counting leading to the verification of the whole electoral process.6

The UNOMSA mission was terminated on June 27, 1994.

  • 5. "Report of the Secretary General on the Question of South Africa," S/1994/717, June 16, 1994.
  • 6. Ibid.
1995

Full Implementation

The UNOMSA mission was terminated on June 27, 1994. No further developments.

1996

Full Implementation

No further developments observed.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

Please always cite: Peace Accords Matrix (Date of retrieval: (10/20/2017),
http://peaceaccords.nd.edu/accord/interim-constitution-accord,
Kroc Institute for International Peace Studies, University of Notre Dame.