Citizenship Reform: Interim Constitution Accord

Written by

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.

(3) Every person who is a South African citizen shall, subject to this Constitution, be entitled to enjoy all rights, privileges and benefits of South African citizenship, and shall be subject to all duties, obligations and responsibilities of South African citizenship as are accorded or imposed upon him or her in terms of this Constitution or an Act of Parliament.

Amnesty: Interim Constitution Accord

Written by

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

In order to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offenses associated with political objectives and committed in the course of the conflicts of the past. To this end, Parliament under this Constitution shall adopt a law determining a firm cut-off date, which shall be a date after 8 Oct 1990 and before 6 Dec 1993, and providing for the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with at any time after the law has been passed.

Human Rights: Interim Constitution Accord

Written by

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.

Democracy is impossible in a climate of violence, intimidation and fear. In order to ensure democratic political activity all political participants must recognise and uphold certain fundamental rights described below and the corresponding responsibilities underlying those rights.

1.2 These fundamental rights include the right of every individual to:

– freedom of conscience and belief;

– freedom of speech and expression;

– freedom of association with others;

– peaceful assembly;

– freedom of movement;

– participate freely in peaceful political activity.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 8 Equality:

(1) Every person shall have the right to equality before the law and to equal protection of the law.

(2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.

(3)(a) This section shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms.

(b) Every person or community dispossessed of rights in land before the commencement of this Constitution under any law which would have been inconsistent with Subsection (2) had that subsection been in operation at the time of the dispossession, shall be entitled to claim restitution of such rights subject to and in accordance with Sections 121, 122 and 123.

(4) Prima facie proof of discrimination on any of the grounds specified in Subsection (2) shall be presumed to be sufficient proof of unfair discrimination as contemplated in that subsection, until the contrary is established.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 9 Life:

Every person shall have the right to life

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 10 Human dignity:

Every person shall have the right to respect for and protection of his or her dignity.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 11 Freedom and security of the person:

(1) Every person shall have the right to freedom and security of the person, which shall include the right not to be detained without trial.

(2) No person shall be subject to torture of any kind, whether physical, mental or emotional, nor shall any person be subject to cruel, inhuman or degrading treatment or punishment.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 12 Servitude and forced labor:

No person shall be subject to servitude or forced labor.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 13 Privacy:

Every person shall have the right to his or her personal privacy, which shall include the right not to be subject to searches of his or her person, home or property, the seizure of private possessions or the violation of private communications.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 14 Religion, belief, and opinion:

(1) Every person shall have the right to freedom of conscience, religion, thought, belief, and opinion, which shall include academic freedom in institutions of higher learning.

(2) Without derogating from the generality of Subsection (1), religious observances may be conducted at state or state-aided institutions under rules established by an appropriate authority for that purpose, provided that such religious observances are conducted on an equitable basis and attendance at them is free and voluntary.

(3) Nothing in this Chapter shall preclude legislation recognizing:

(a) a system of personal and family law adhered to by persons professing a particular religion; and

(b) the validity of marriages concluded under a system of religious law subject to specified procedures.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 15 Freedom of Expression:

(1) Every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media, and the freedom of artistic creativity and scientific research.

(2) All media financed by or under the control of the state shall be regulated in a manner which ensures impartiality and the expression of a diversity of opinion.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 16 Assembly, demonstration and petition:

Every person shall have the right to assemble and demonstrate with others peacefully and unarmed, and to present petitions.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 17 Freedom of association:

Every person shall have the right to freedom of association.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 18 Freedom of movement:

Every person shall have the right to freedom of movement anywhere within the national territory.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 19 Residence:

Every person shall have the right freely to choose his or her place of residence anywhere in the national territory.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 20 Citizens’ rights:

Every citizen shall have the right to enter, remain in and leave the Republic, and no citizen shall without justification be deprived of his or her citizenship.

Constitution of the Republic of South Africa Act 200 of 1993, 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.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 22 Access to court:

Every person shall have the right to have justiciable disputes settled by a court of law or, where appropriate, another independent and impartial forum.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 23 Access to information:

Every person shall have the right of access to all information held by the state or any of its organs at any level of government in so far as such information is required for the exercise or protection of any of his or her rights.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 24 Administrative justice:

Every person shall have the right to

(a) lawful administrative action where any of his or her rights or interests is affected or threatened;

(b) procedurally fair administrative action where any of his or her rights or legitimate expectations is affected or threatened;

(c) be furnished with reasons in writing for administrative action which affects any of his or her rights or interests unless the reasons for such action have been made public; and

(d) administrative action which is justifiable in relation to the reasons given for it where any of his or her rights is affected or threatened.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 25 Detained, arrested and accused persons:

(1) Every person who is detained, including every sentenced prisoner, shall have the right:

(a) to be informed promptly in a language which he or she understands of the reason for his or her detention;

(b) to be detained under conditions consonant with human dignity, which shall include at least the provision of adequate nutrition, reading material and medical treatment at state expense;

(c) to consult with a legal practitioner of his or her choice, to be informed of this right promptly and, where substantial injustice would otherwise result, to be provided with the services of a legal practitioner by the state;

(d) to be given the opportunity to communicate with, and to be visited by, his or her spouse or partner, next-of-kin, religious counsellor and a medical practitioner of his or her choice; and

(e) to challenge the lawfulness of his or her detention in person before a court of law and to be released if such detention is unlawful.

(2) Every person arrested for the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right:

(a) promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;

(b) as soon as it is reasonably possible, but not later than 48 hours after the arrest or, if the said period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an ordinary court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be entitled to be released;

(c) not to be compelled to make a confession or admission which could be used in evidence against him or her; and

(d) to be released from detention with or without bail, unless the interests of justice require otherwise.

(3) Every accused person shall have the right to a fair trial, which shall include the right:

(a) to a public trial before an ordinary court of law within a reasonable time after having been charged;

(b) to be informed with sufficient particularity of the charge;

(c) to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;

(d) to adduce and challenge evidence, and not to be a compellable witness against himself or herself;

(e) to be represented by a legal practitioner of his or her choice or, where substantial injustice would otherwise result, to be provided with legal representation at state expense, and to be informed of these rights;

(f) not to be convicted of an offence in respect of any act or omission which was not an offence at the time it was committed, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;

(g) not to be tried again for any offence of which he or she has previously been convicted or acquitted;

(h) to have recourse by way of appeal or review to a higher court than the court of first instance;

(i) to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her; and

(j) to be sentenced within a reasonable time after conviction.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 26 Economic activity:

(1) Every person shall have the right freely to engage in economic activity and to pursue a livelihood anywhere in the national territory.

(2) Subsection (1) shall not preclude measures designed to promote the protection or the improvement of the quality of life, economic growth, human development, social justice, basic conditions of employment, fair labor practices or equal opportunity for all, provided such measures are justifiable in an open and democratic society based on freedom and equality.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 27 Labor relations:

(1) Every person shall have the right to fair labor practices.

(2) Workers shall have the right to form and join trade unions, and employers shall have the right to form and join employers’ organizations.

(3) Workers and employers shall have the right to organize and bargain collectively.

(4) Workers shall have the right to strike for the purpose of collective bargaining.

(5) Employers’ recourse to the lock-out for the purpose of collective bargaining shall not be impaired, subject to Section 33 (1).

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 28 Property:

(1) Every person shall have the right to acquire and hold rights in property and, to the extent that the nature of the rights permits, to dispose of such rights.

(2) No deprivation of any rights in property shall be permitted otherwise than in accordance with a law.

(3) Where any rights in property are expropriated pursuant to a law referred to in Subsection (2), such expropriation shall be permissible for public purposes only and shall be subject to the payment of agreed compensation or, failing agreement, to the payment of such compensation and within such period as may be determined by a court of law as just and equitable, taking into account all relevant factors, including, in the case of the determination of compensation, the use to which the property is being put, the history of its acquisition, its market value, the value of the investments in it by those affected and the interests of those affected.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 3, Section 29 Environment:

Every person shall have the right to an environment which is not detrimental to his or her health or well-being.

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

(e) not to be subject to exploitative labor practices nor to be required or permitted to perform work which is hazardous or harmful to his or her education, health or well-being.

(2) Every child who is in detention shall, in addition to the rights which he or she has in terms of Section 25, have the right to be detained under conditions and to be treated in a manner that takes account of his or her age.

(3) For the purpose of this section a child shall mean a person under the age of 18 years and in all matters concerning such child his or her best interest shall be paramount.

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, Chapter 3, 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

(c) to establish, where practicable, educational institutions based on a common culture, language or religion, provided that there shall be no discrimination on the ground of race.

Prisoner Release: Interim Constitution Accord

Written by

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:

“The Working Group endorses the principles and factors set out in paragraph 6.5.2 and accepts that these will form the basis of guidelines to meet the South African situation when considering the grant of pardon or indemnity in respect of political offences.

6.6.2 As stated in the Groote Schuur Minute, it is understood that the Government may in its discretion consult other political parties and movements, and other relevant bodies with regard to the grant of pardon or indemnity in respect of offences relating to them. For this purpose it shall be free to formulate its own guidelines which it will apply in dealing with members of such organisations, grouping or institutions, governmental or otherwise, who committed offences on the assumption that a particular cause was being served or opposed.”

Reintegration: Interim Constitution Accord

Written by

1993 interim constitution has the following provision on reintegration:

236. Transitional arrangements: Public administration

Section 8

(c) If the number of the members of the National Defence Force exceeds the personnel strength determined in respect of the force design and structure for the Force, any member of the Force who,

due to integration, consolidation and rationalisation of the National Defence Force is not accommodated in such force design and structure, shall be dealt with in accordance with a law.

The demobilization and reintegration aspect of peace process were left to the interim government and the interim parliament.

1996 Demobilization Act

PART 3: APPLICATION OF ACT

Parliamentary Oversight

4. The Joint Standing Committee of Parliament on Defence shall establish amultiparty subcommittee to oversee the administration and implementation of the demobilisation programme.

Right to be demobilised

5. (1) Any former member of the non-statutory forces-

(a) whose name and particulars appear in the certified personnel register or in a personnel list;

(b) who has not entered into an agreement for temporary or permanent employment with the South African National Defence Force as contemplated in section 236(8)(d) of the Constitution; and

(c) who no longer wishes to continue with a military career or does not satisfy the employment policies or the terms and conditions of service of the South African National Defence Force, shall have the right, subject to the provisions of this Act, to be demobilised and to receive a demobilisation gratuity determined in the Schedule.

(2) The Minister may on good cause shown order the inclusion in the register or list referred to in subsection (1) the name of any former member of the non-statutory forces which was by reason of an administrative oversight or error or for any other reason not included in or was deleted from that register or list before the date contemplated in paragraph 3 of Annexure D to theConstitution of the Republic of South Africa, 1996.

A name so included shall be deemed to have been included before the said date. Exclusion of recipients of demobilisation gratuity from Permanent Force

6. No person shall be appointed to any position in the permanent force component of the South African National Defence Force if he or she has accepted a demobilisation gratuity.

Dependant’s benefit

7. (1) Notwithstanding the provisions of any other law, a surviving dependant of any person who, but for his or her death, would have been eligible for demobilisation in terms of section 4, shall, subject to subsection (3), be entitled to receive the demobilisation gratuity to which that person would have been entitled, had he or she survived.

(2) For the purposes of this section, section 4(c) shall not apply in determining the eligibility of the deceased.

(3) The demobilisation gratuity referred to in subsection (1) shall, if the person referred to in that subsection-

(a) is survived by a spouse, be paid to that spouse;

(b) is survived by more than one spouse, be paid to those spouses in equal proportions;

(c) is not survived by a spouse but by a dependant or dependants, be paid that dependant, or those dependants in equal proportions.

(4) A dependant’s benefit shall only be paid out after the closing date for the submission of applications.

Applications for benefits

8. (1) Any person wishing to apply for a benefit under the demobilisation programme shall-

(a) complete an application in the form determined by the Committee;

(b) have a commissioner of oaths certify on the form that the applicant swore or affirmed that the information in that form is true and correct; and

(c) submit the application form to the Committee on or before the closing date.

(2) If a person who is eligible to a benefit under the demobilization programme is unable to apply in person terms of subsection (1) because of mental illness or any other disability, another person may submit the application on his or her behalf.

Demobilization: Interim Constitution Accord

Written by

The Pretoria Minute of August 1990, Article 3.

In the interest of moving as speedily as possible towards a negotiated peaceful political settlement and in the context of the agreements reached, the ANC announced that it was now suspending all armed actions with immediate effect. As a result of this, no further armed actions and related activities by the ANC and its military wing Umkhonto we Sizwe will take place. It was agreed that a working group will be established to resolve all outstanding questions arising out of this decision to report by 15 September 1990. Both sides once more committed themselves to do everything in their power to bring about a peaceful solution as quickly as possible.

236. Transitional arrangements: Public administration

Section 8

(a) The National Defence Force referred to in section 224 shall, subject to this Constitution and any Act of Parliament, mutatis mutandis be governed by the Defence Act, 1957 (Act 44 of 1957).

(b) Any reference in any law to a defence force referred to in section 224 (2) (a) or (b), shall be deemed to be a reference to the National Defence Force.

(c) If the number of the members of the National Defence Force exceeds the personnel strength determined in respect of the force design and structure for the Force, any member of the Force who, due to integration, consolidation and rationalisation of the National Defence Force is not accommodated in such force design and structure, shall be dealt with in accordance with a law.

The demobilization and reintegration aspect of peace process were left to the interim government and the interim parliament. The parliament passed the Demobilization Act in 1996.

1996 Demobilization Act

Definitions

1. In this Act, unless the context otherwise indicates-

(i) “certified personnel register” means the certified personnel register referred to in section 224(2) of the Constitution; (iv)

(ii) “closing date”, for the purposes of section 6(1)(c), means the date 12 months after the date on which this Act comes into operation; (x)

(iii) “Committee” means the Demobilisation Committee, established by section 2; (vi)

(iv) “Constitution” means the Constitution of the Republic of SouthAfrica, 1993 (Act No. 200 of 1993); (v)

(v) “demobilisation” means the disbanding of members of the former nonstatutory forces who do not enter into agreements for temporary or permanent appointment with the South African Defence Force, as contemplated in section 236(8)(d) of the Constitution; (ii)

(vi) “Department” means the Department of Defence; (iii)

(vii) “dependant”, for the purposes of section 5, includes-

(a) any person in respect of whom the deceased was legally liable for maintenance at the time of his or her death;

(b) any child of the deceased born after his or her death;

(c) any surviving spouse of the deceased by virtue of a marriage or a union contracted in accordance with customary law or which is recognized as a marriage in accordance with the tenets of a

religion; (i)

(viii) “Minister” means the Minister of Defence; (vii)

(ix) “non-statutory forces” means the armed forces not established by any law and known or formerly known as the Azanian People’s Liberation Army and uMkhonto we Sizwe; (viii)

(x) “personnel list” means a list certified and submitted after the commencement of the Constitution, but before the adoption of the new constitutional text, as envisaged in section 73 of the Constitution, by a person duly authorised by the non-statutory force. (ix)

PART 2: DEMOBILISATION COMMITTEE Establishment of demobilisation committee

2. (1) There is hereby established a demobilisation committee which is accountable to the Minister, and which consists of a Chairperson and no fewer than four other members.

(2) The Chairperson and members shall be appointed by the Minister and shall be officials in the employment of the Department.

Duties and powers of Committee

3. (1) The Committee shall-

(a) consider applications submitted to it in terms of this Act;

(b) determine whether an applicant is eligible to benefit under the demobilisation programme in terms of sections 4 and 5;

(c) determine the benefit payable to each applicant;

(d) pay to an eligible applicant a demobilisation gratuity as provided for in the Schedule;

(e) determine the validity of the mandate of any person to act on behalf of the applicant referred to in section 6(1); and

(f) if it decides that an applicant is not eligible to benefit under the demobilisation programme-

(i) inform the applicant in writing of its decision, giving reasons therefor; and

(ii) inform the applicant in writing of his or her right to appeal against the decision.

(2) To enable it to perform its duties, the Committee shall have power-

(a) if it finds it necessary, to conduct any investigation in relation to any application lodged with it;

(b) to require any person to appear before it to give evidence or produce any document in or under his or her possession or control; and

(c) to conduct the activities which are necessary to carry out or exercise its duties and powers.

(3) The Committee may at any time review its decision if new facts are placed before it.

PART 3: APPLICATION OF ACT Parliamentary Oversight

4. The Joint Standing Committee of Parliament on Defence shall establish amultiparty subcommittee to oversee the administration and implementation of the demobilisation programme.

Right to be demobilised

5. (1) Any former member of the non-statutory forces-

(a) whose name and particulars appear in the certified personnel register or in a personnel list;

(b) who has not entered into an agreement for temporary or permanent employment with the South African National Defence Force as contemplated in section 236(8)(d) of the Constitution; and

(c) who no longer wishes to continue with a military career or does not satisfy the employment policies or the terms and conditions of service of the South African National Defence Force, shall have the right, subject to the provisions of this Act, to be demobilised and to receive a demobilisation gratuity determined in the Schedule.

(2) The Minister may on good cause shown order the inclusion in the register or list referred to in subsection (1) the name of any former member of the non-statutory forces which was by reason of an administrative oversight or error or for any other reason not included in or was deleted from that register or list before the date contemplated in paragraph 3 of Annexure D to theConstitution of the Republic of South Africa, 1996.

A name so included shall be deemed to have been included before the said date. Exclusion of recipients of demobilisation gratuity from Permanent Force

6. No person shall be appointed to any position in the permanent force component of the South African National Defence Force if he or she has accepted a demobilisation gratuity.

Dependant’s benefit

7. (1) Notwithstanding the provisions of any other law, a surviving dependant of any person who, but for his or her death, would have been eligible for demobilisation in terms of section 4, shall, subject to subsection (3), be entitled to receive the demobilisation gratuity to which that person would have been entitled, had he or she survived.

(2) For the purposes of this section, section 4(c) shall not apply in determining the eligibility of the deceased.

(3) The demobilisation gratuity referred to in subsection (1) shall, if the person referred to in that subsection-

(a) is survived by a spouse, be paid to that spouse;

(b) is survived by more than one spouse, be paid to those spouses in equal proportions;

(c) is not survived by a spouse but by a dependant or dependants, be paid that dependant, or those dependants in equal proportions.

(4) A dependant’s benefit shall only be paid out after the closing date for the submission of applications.

Applications for benefits

8. (1) Any person wishing to apply for a benefit under the demobilisation programme shall-

(a) complete an application in the form determined by the Committee;

(b) have a commissioner of oaths certify on the form that the applicant swore or affirmed that the information in that form is true and correct; and

(c) submit the application form to the Committee on or before the closing date.

(2) If a person who is eligible to a benefit under the demobilization programme is unable to apply in person terms of subsection (1) because of mental illness or any other disability, another person may submit the

application on his or her behalf.

PART 4: APPEAL MECHANISMS Right of appeal

9. (1) Any applicant who is dissatisfied with any decision of the Committee may appeal to the Minister by serving a written notice within 30 days after being informed of the Committee’s decision. A copy of the notice of appeal shall be lodged with the Committee.

(2) Within 21 days after the service of the notice of appeal, the applicant shall submit to the Minister his or her written grounds of appeal.

Procedure on appeal

10. (1) After receiving the applicant’s notice of appeal, the Committee shall, without delay, send to the Minister and the applicant a report of its findings.

(2) On receipt of the Committee’s report, the Minister or any other person designated by the Minister shall inform the applicant in writing of the date on which the appeal is to be considered.

(3) The applicant or another person acting on his or her behalf shall be given an opportunity to make representations to the Minister or any other person designated by the Minister.

(4) After considering all the relevant information the Minister may-

(a) confirm, vary or withdraw the decision of the Committee;

(b) refer the matter back to the Committee for further consideratio together with such instructions as are necessary to enable the Committee to deal with the application; or

(c) make such findings as he or she may deem necessary.

(5) The applicant and the Committee shall be informed in writing of the Minister’s decision.

(6) The decision of the Minister shall be final.

PART 5L COMMUNICATIONS RELATING TO DEMOBILISATION Duty of Committee to inform

11. The Committee shall take all necessary steps in order to inform the

public as to-

(a) the existence of the programme;

(b) the establishment of the Committee;

(c) the grounds for eligibility;

(d) the closing date for the submission of applications; and

(e) any other matter that may assist applicants in understanding the demobilisation programme and procedural matters relating thereto.

Police Reform: Interim Constitution Accord

Written by

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:

3.3.1 A Police Board shall be established whose composition shall comprise of both members of the public and representatives of the police in equal numbers. The chairperson is to be appointed by the Minister of Law and Order from one of the members representing the public

3.3.2 The members of the public shall be appointed by the Minister of Law and Order to the Police Board from names put forward by unanimous decision by the National Peace Committee. The Minister of Law and Order shall have the discretion to appoint further members from parties who are not represented on the National Peace Committee.

3.3.3 The function of the Police Board shall be to consider and to make recommendations to the Minister of Law and Order in regard to the policy relating to the training and efficient functioning of the police, with a view to reconcile the interests of the community with that of the police.

3.3.4 The Police Board shall be empowered to do research and call for representations from the public regarding any investigation conducted by it.

3.3.5 The Police Board shall not have a role in regard to the day to day functioning of the police.

3.3.6 The recommendations of the Police Board in regard to the above matters shall be made public, insofar as it is essential in reconciling the interests of the community with that of the police.

3.4 Composition of the police force:

3.4.1 The relationship between, and the status of, the South African Police and the Police Forces in the Self-governing Territories in the transitional phase, can only be decided by the interested parties through negotiations.

3.4.2 Where the police Forces of any self-governing territory is alleged to be a party to the conflict, the Standing Commission shall investigate this and make appropriate recommendations.

3.8 General

3.8.1 This Accord shall, where applicable, be issued as a directive by the Commissioner of Police and if necessary, the Police Act and regulations will be amended accordingly.

3.8.2 In view of the changing policing demands of a changing South Africa the police.

3.8.3 This Accord shall, where applicable, be honoured by and shall in terms of paragraph 3.8.1 be binding on the police.

(2) The Act of Parliament referred to in Subsection (1) shall:

(a) subject to Sections 216, 217 and 218, provide for the appointment of a Commissioner of the South African Police Service (hereinafter in this Chapter called the `National Commissioner’) and a Commissioner for each province (hereinafter in this Chapter called a `Provincial Commissioner’);

(b) provide for the establishment and maintenance of uniform standards of policing at all levels regarding:

(i) the exercise of police powers;

(ii) the recruitment, appointment, promotion and transfer of members of the Service; (iii) suspension, dismissal, disciplinary and grievance procedures;

(iv) the training, conduct and conditions of service of members of the Service;

(v) the general management, control, maintenance and provisioning of the Service;

(vi) returns, registers, records, documents, forms and correspondence; and

(vii) generally, all matters which are necessary or expedient for the achievement of the purposes of this Constitution.

Military Reform: Interim Constitution Accord

Written by

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;

(b) any defence force of any area forming part of the national territory; and

(c) any armed force as defined in Section 1 of the Transitional Executive Council Act, 1993 (Act 151 of 1993), and whose names, at the commencement of this Constitution, are included in a certified personnel register referred to in Section 16 (3) or (9) of the said Act: Provided that this subsection shall not apply to members of any such defence or armed force if the political organization under whose authority and control it stands or with which it is associated and whose objectives it promotes did not take part in the first election of the National Assembly and the provincial legislatures under this Constitution.

(3) Save for the National Defence Force, no other armed force or military force or armed organization or service may be established in or for the Republic other than:

(a) as provided for in this Constitution;

(b) a force established by or under an Act of Parliament for the protection of public property or the environment; or

(c) a service established by or under law for the protection of persons or property.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 14, Section 225 Chief of National Defence Force:

Subject to Section 236 (1) and (2), the President shall appoint a Chief of the National Defence Force, who shall exercise military executive command of the National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the President.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 14, Section 226 Members of National Defence Force:

(1) The National Defence Force shall comprise both a permanent force and a part-time reserve component.

(2) The establishment, organization, training, conditions of service and other matters concerning the permanent force shall be as provided for by an Act of Parliament.

(3) The establishment, organization, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.

(4) The National Defence Force shall be established in such a manner that it will provide a balanced, modern and technologically advanced military force, capable of executing its functions in terms of this Constitution.

(5) All members of the National Defence Force shall be properly trained in order to comply with international standards of competency.

(6) No member of the permanent force shall hold office in any political party or political organization.

(7) A member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Republic.

(8) Provision shall be made by an Act of Parliament for the payment of adequate compensation to:

(a) a member of the National Defence Force who suffers loss due to physical or mental disability sustained in the execution of his or her duties as such a member; and

(b) the immediate dependants of a member of the National Defence Force who suffer loss due to the death or physical or mental disability of such a member resulting from the execution of his or her duties as such a member.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 14, Section 227 Functions of National Defence Force:

(1) The National Defence Force may, subject to this Constitution, be employed:

(a) for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity;

(b) for service in compliance with the international obligations of the Republic with regard to international bodies and other states;

(c) for service in the preservation of life, health or property;

(d) for service in the provision or maintenance of essential services;

(e) for service in the upholding of law and order in the Republic in co-operation with the South African Police Service under circumstances set out in a law where the said Police Service is unable to maintain law and order on its own; and

(f) for service in support of any department of state for the purpose of socio-economic upliftment.

(2) The National Defence Force shall:

(a) exercise its powers and perform its functions solely in the national interest by:

(i) upholding the Constitution;

(ii) providing for the defence of the Republic; and

(iii) ensuring the protection of the inhabitants of the Republic,

in accordance with this Constitution and any law;

(b) exercise its powers and perform its functions under the directions of the government of the Republic;

(c) refrain from furthering or prejudicing party-political interests;

(d) not breach international customary law binding on the Republic relating to aggression;

(e) in armed conflict comply with its obligations under international customary law and treaties binding on the Republic; and

(f) be primarily defensive in the exercise or performance of its powers and functions.

(3) The employment for service, training, organization and deployment of the National Defence Force shall be effected in accordance with the requirements of Subsection (2).

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 14, Section 228 Accountability:

(1) The Minister responsible for defence shall be accountable to Parliament for the National Defence Force.

(2) Parliament shall annually approve a budget for the defence of the Republic.

(3)(a) A joint standing committee of Parliament on defence shall be established, consisting of members of all political parties holding more than 10 seats in the National Assembly and willing to participate in the committee.

(b) The total membership of the committee shall be as determined by or under the rules and orders.

(c) Such a party shall be entitled to designate a member or members on the committee in accordance with the principle of proportional representation and as determined in accordance with the following formula:

(i) A quota of seats per member of the committee shall be determined by dividing the total number of seats in the National Assembly held jointly by all the parties referred to in Paragraph (a) by the total number of members of the committee plus one.

(ii) The result, disregarding third and subsequent decimals, if any, shall be the quota of seats per member.

(iii) The number of members that a participating party shall be entitled to designate on the committee, shall be determined by dividing the total number of seats held by such party in the National Assembly by the quota referred to in Subparagraph (ii).

(iv) The result shall, subject to Subparagraph (v), indicate the number of members that such party is entitled to designate on the committee.

(v) Where the application of the above formula yields a surplus not absorbed by the number of members allocated to a party, such surplus shall compete with other similar surpluses accruing to another party or parties, and any member or members which remain unallocated shall be allocated to the party or parties concerned in sequence of the highest surplus.

(d) The committee shall be competent to investigate and make recommendations regarding the budget, functioning, organization, armaments, policy, morale and state of preparedness of the National Defence Force and to perform such other functions relating to parliamentary supervision of the Force as may be prescribed by law.

(4)(a) The President shall, when the National Defence Force is employed for service referred to in Section 227 (1)(a), (b) or (e), forthwith inform Parliament of the reasons for such employment.

(b) If, in the case of such an employment referred to in Section 227 (1)(a) or (b), Parliament is not sitting, the President shall summon the joint standing committee referred to in Subsection (3) to meet expeditiously, but not later than 14 days after the commencement of such employment, and shall inform the committee of the reasons for such employment.

(5) Parliament may by resolution terminate any employment referred to in Section 227 (1)(a), (b) or (e), but such termination of employment shall not affect the validity of anything done in terms of such employment up to the date of such termination, or any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such employment.

Judiciary Reform: Interim Constitution Accord

Written by

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.

(3) No person and no organ of state shall interfere with judicial officers in the performance of their functions.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 97 Appointment of Chief Justice and President of Constitutional Court:

(1) There shall be a Chief Justice of the Supreme Court of South Africa, who shall, subject to Section 104, be appointed by the President in consultation with the Cabinet and after consultation with the Judicial Service Commission.

(2)(a) There shall be a President of the Constitutional Court, who shall, subject to Section 99, be appointed by the President in consultation with the Cabinet and after consultation with the Chief Justice.

(b) Unless the new constitutional text provides otherwise, the President of the Constitutional Court shall hold office for a non-renewable period of seven years.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 98 Constitutional Court and its jurisdiction:

(1) There shall be a Constitutional Court consisting of a President and 10 other judges appointed in terms of Section 99.

(2) The Constitutional Court shall have jurisdiction in the Republic as the court of final instance over all matters relating to the interpretation, protection and enforcement of the provisions of this Constitution, including:

(a) any alleged violation or threatened violation of any fundamental right entrenched in Chapter 3;

(b) any dispute over the constitutionality of any executive or administrative act or conduct or threatened executive or administrative act or conduct of any organ of state;

(c) any inquiry into the constitutionality of any law, including an Act of Parliament, irrespective of whether such law was passed or made before or after the commencement of this Constitution;

(d) any dispute over the constitutionality of any Bill before Parliament or a provincial legislature, subject to Subsection (9);

(e) any dispute of a constitutional nature between organs of state at any level of government;

(f) the determination of questions whether any matter falls within its jurisdiction; and

(g) the determination of any other matters as may be entrusted to it by this Constitution or any other law.

(3) The Constitutional Court shall be the only court having jurisdiction over a matter referred to in Subsection (2), save where otherwise provided in Section 101 (3) and (6).

(4) A decision of the Constitutional Court shall bind all persons and all legislative, executive and judicial organs of state.

(5) In the event of the Constitutional Court finding that any law or any provision thereof is inconsistent with this Constitution, it shall declare such law or provision invalid to the extent of its inconsistency: Provided that the Constitutional Court may, in the interests of justice and good government, require Parliament or any other competent authority, within a period specified by the Court, to correct the defect in the law or provision, which shall then remain in force pending correction or the expiry of the period so specified.

(6) Unless the Constitutional Court in the interests of justice and good government orders otherwise, and save to the extent that it so orders, the declaration of invalidity of a law or a provision thereof:

(a) existing at the commencement of this Constitution, shall not invalidate anything done or permitted in terms thereof before the coming into effect of such declaration of invalidity; or

(b) passed after such commencement, shall invalidate everything done or permitted in terms thereof.

(7) In the event of the Constitutional Court declaring an executive or administrative act or conduct or threatened executive or administrative act or conduct of an organ of state to be unconstitutional, it may order the relevant organ of state to refrain from such act or conduct, or, subject to such conditions and within such time as may be specified by it, to correct such act or conduct in accordance with this Constitution.

(8) The Constitutional Court may in respect of the proceedings before it make such order as to costs as it may deem just and equitable in the circumstances.

(9) The Constitutional Court shall exercise jurisdiction in any dispute referred to in Subsection (2)(d) only at the request of the Speaker of the National Assembly, the President of the Senate or the Speaker of a provincial legislature, who shall make such a request to the Court upon receipt of a petition by at least one-third of all the members of the National Assembly, the Senate or such provincial legislature, as the case may be, requiring him or her to do so.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 99 Composition of Constitutional Court and Appointment of Judges of Constitutional Court:

(1) Unless the new constitutional text provides otherwise, the judges of the Constitutional Court shall be appointed by the President for a non-renewable period of seven years.

(2) No person shall be qualified to be appointed President or a judge of the Constitutional Court unless he or she:

(a) is a South African citizen; and

(b) is a fit and proper person to be a judge of the Constitutional Court; and

(c)(i) is a judge of the Supreme Court or is qualified to be admitted as an advocate or attorney and has, for a cumulative period of at least 10 years after having so qualified, practiced as an advocate or an attorney or lectured in law at a university; or

(ii) is a person who, by reason of his or her training and experience, has expertise in the field of constitutional law relevant to the application of this Constitution and the law of the Republic.

(3) Four judges of the Constitutional Court shall be appointed from among the judges of the Supreme Court by the President in consultation with the Cabinet and with the Chief Justice.

(4) Subject to Subsection (5), six judges of the Constitutional Court shall be appointed by the President in consultation with the Cabinet and after consultation with the President of the Constitutional Court: Provided that not more than two persons may be appointed from the category of persons referred to in Subsection (2)(c)(ii).

(5)(a) Subject to Subsection (6), an appointment or appointments under Section 97 (2) or Subsection (4) or (7) of this section shall only be made from the recommendations of the Judicial Service Commission, and with due regard to its reasons for such recommendations, of not more than three nominees in excess of the number of persons required to be appointed: Provided that in respect of the first appointment after the commencement of this Constitution of the six judges referred to in Subsection (4), the Judicial Service Commission shall submit a list of ten nominees.

(b) If the appointing authorities decide not to accept any or some of such recommendations, the Judicial Service Commission shall be informed thereof and be furnished with the reasons therefore.

(c) After having been informed in terms of Paragraph (b), the Judicial Service Commission shall, in accordance with Paragraph (a), submit further recommendations, whereafter the appointing authorities shall make the appointment or appointments from the recommendations as supplemented in terms of this paragraph.

(d) In submitting its recommendations to the appointing authorities in terms of Paragraphs (a) and (c) the Judicial Service Commission shall have regard to the need to constitute a court which is independent and competent and representative in respect of race and gender.

(6) Subsection (5) shall not apply to the first appointment after the commencement of this Constitution of the President of the Constitutional Court under Section 97 (2).

(7) Vacancies in the Constitutional Court shall be filled:

(a) in the case of a vacancy in the office of a judge appointed under Subsection (3), in accordance with that subsection; and

(b) in the case of a vacancy in the office of a judge appointed under Subsection (4), in accordance with that subsection.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 100 Engaging the Constitutional Court:

(1) The conditions upon which the Constitutional Court may be seized of any matter within its jurisdiction, and all matters relating to the proceedings of and before the Court, shall be regulated by rules prescribed by the President of the Constitutional Court in consultation with the Chief Justice, which rules shall be published in the Gazette.

(2) The rules of the Constitutional Court may make provision for direct access to the Court where it is in the interest of justice to do so in respect of any matter over which it has jurisdiction.

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 101 Supreme Court:

(1) There shall be a Supreme Court of South Africa, which shall consist of an Appellate Division and such provincial and local divisions, and with such areas of jurisdiction, as may be prescribed by law.

(2) Subject to this Constitution, the Supreme Court shall have the jurisdiction, including the inherent jurisdiction, vested in the Supreme Court immediately before the commencement of this Constitution, and any further jurisdiction conferred upon it by this Constitution or by any law.

(3) Subject to this Constitution, a provincial or local division of the Supreme Court shall, within its area of jurisdiction, have jurisdiction in respect of the following additional matters, namely:

(a) any alleged violation or threatened violation of any fundamental right entrenched in Chapter 3;

(b) any dispute over the constitutionality of any executive or administrative act or conduct or threatened executive or administrative act or conduct of any organ of state;

(c) any inquiry into the constitutionality of any law applicable within its area of jurisdiction, other than an Act of Parliament, irrespective of whether such law was passed or made before or after the commencement of this Constitution;

(d) any dispute of a constitutional nature between local governments or between a local and a provincial government;

(e) any dispute over the constitutionality of a Bill before a provincial legislature, subject to Section 98 (9);

(f) the determination of questions whether any matter falls within its jurisdiction; and

(g) the determination of any other matters as may be entrusted to it by an Act of Parliament.

(4) For the purposes of exercising its jurisdiction under Subsection (3), a provincial or local division of the Supreme Court shall have the powers of the Constitutional Court in terms of Section 98 (5), (6), (7), (8) and (9) relating to the interpretation, protection and enforcement of this Constitution.

(5) The Appellate Division shall have no jurisdiction to adjudicate any matter within the jurisdiction of the Constitutional Court.

(6) If the parties to a matter falling outside the additional jurisdiction of a provincial or local division of the Supreme Court in terms of Subsection (3), agree thereto, a provincial or local division shall, notwithstanding any provision to the contrary, have jurisdiction to determine such matter: Provided that a provincial or local division shall not acquire jurisdiction in terms of this subsection with regard to any matter referred to in Section 102 (12).

Constitution of the Republic of South Africa Act 200 of 1993, Chapter 7 Judicial Authority and Administration of Justice, Section 241 Transitional arrangements: Judiciary:

(1) Every court of law existing immediately before the commencement of this Constitution in an area which forms part of the national territory, shall be deemed to have been duly constituted in terms of this Constitution or the laws in force after such commencement, and shall continue to function as such in accordance with the laws applicable to it until changed by a competent authority: Provided-

(a) that an appellate division of a supreme court which immediately before the commencement of this Constitution exercised jurisdiction in respect of an area which forms part of the national territory, other than the Appellate Division of the Supreme Court of South Africa, shall cease to exist with effect from the date of commencement of the Constitution of the Republic of South Africa Third Amendment Act, 1994;

(b) that any case pending before any such appellate division immediately before the said date shall be disposed of by such appellate division and the judges of appeal serving in such appellate division as if such division had not ceased to exist; and

(c) that any person who immediately before the said date was the chief justice in respect of any such appellate division, shall continue in office without any change in the terms and conditions of his or her service and shall be deemed to be the Judge President of the supreme court of which that appellate division previously formed part until the existing court structures have been rationalised as contemplated in section 242 (1). [Sub-s. (1) amended by s. 15 (a) of Act 13 of 1994.]

The National Peace Agreement, Article 1.13:

An effective and credible criminal judicial system requires the swift and just dispensation of justice. This in turn will promote the restoration of peace and prosperity to communities, freeing them of the ravages of violence and intimidation. Special attention should be given to unrest related cases by setting up Special Criminal Courts specifically for this purpose.

National Peace Agreement, Chapter 10 Special Criminal Courts:

10.1 An effective and credible criminal judicial system requires the swift but just dispensation of justice. This in turn will promote the restoration of peace and prosperity to communities, freeing them of the ravages of violence and intimidation. Special attention should be given to unrest related cases, cases of public violence and cases involving intimidation by setting up Special Criminal Courts specifically for the purpose.

10.2 It is agreed that the Department of Justice, in co-operation with local legal practitioners of the Law Societies and the Bar, should establish project committees to advise the Department of Justice on the administration of the proposed Special Criminal

Courts.

10.3 These Special Criminal Courts will not deal with ordinary day-to-day crime. Its function will be to deal with unrest related cases. As a result, cases being heard in these courts will be disposed of swiftly and effectively without delay. Cognisance is taken of the initiative to establish mobile courts in certain areas to bring justice closer to the people. The initiative is supported.

10.4 Special Criminal Courts should be located in areas where its services are most urgently needed. This implies that cases can be heard more expeditiously than ordinary criminal courts would be able to. This ensures that perpetrators of violence and intimidation will not unnecessarily be let out on bail enabling them to become reinvolved in violence and intimidation. This also ensures that those who are maliciously accused of being violent can have their names cleared sooner than is the case at present.

10.5 The Criminal Law Amendment Act of 1991 provides a mechanism for a programme of witness protection. It is based on the voluntary co-operation of the person threatened by others and can also protect his family members. It is agreed that these provisions be actively utilised in areas affected by unrest.

10.6 For unrest, Political violence and intimidation related offences to be effectively combated, criminals should be prosecuted as effectively as possible and at the earliest instance.

10.7 It is acknowledged that for Special Criminal Courts to be effective, special procedural and evidential rules should apply. The parties therefore commit themselves to promoting procedural and evidential rules that will facilitate the expeditious and effective hearing of criminal cases.

Dispute Resolution Committee: Interim Constitution Accord

Written by

National Peace Agreement, Chapters 1, Article 1:

1.10. Since insufficient instruments exist to actively prevent violence and intimidation and regional and local levels, it is agreed that committees be appointed at regional and local levels to assist in this regard. Peace bodies are therefore to be established at both regional and local levels to be styled “Regional Dispute Resolution Committees” (RDRC) and “Local Dispute Resolution Committees” (LDRC) respectively. These bodies will be guided and co-ordinated at a national level by a National Peace Secretariat. At the local level the bodies will be assisted by Justices of the Peace.

1.11. The Preparatory Committee has played a crucial role in the process of bringing the major actors together to negotiate a Peace Accord. There is still much to be done to implement the Accord and establish the institutions of peace. To assist in this regard, a National Peace Committee shall be established.

National Peace Agreement, Chapter 7, National Peace Secretariat, Regional And Local Dispute Resolution Committees:

7.1. It is clear from the aforegoing that sufficient instruments exist to investigate violence and intimidation and to bring the perpetrators thereof to book. Insufficient instruments exist however to actively combat violence and intimidation at grassroots level. It is therefore proposed that committees be appointed at regional and local levels to assist in this regard. These committees will require national co-ordination.

7.2 In order to provide management skills, budgetary commitment and statutory empowerment and sanction, State involvement is essential.

7.3 A National Peace Secretariat

7.3.1 A National Peace Secretariat shall be established, comprising at least four persons nominated by the National Peace Committee and one representative of the Department of Justice. Further members, up to a maximum of four, may also be appointed.

7.3.2 The function of the National Peace Secretariat will be to establish and co-ordinate the Regional Dispute Resolution Committees and the Local Dispute Resolution Committees.

7.3.3 The National Peace Secretariat will take decisions on a consensus basis.

7.3.4 The required financial and administrative resources of the National Peace Secretariat, and the other bodies established by it, will be provided by the Department of Justice.

7.4 Regional and Local Dispute Committees

7.4.1 Peace bodies are to be established at both regional and local level, to be styled “Regional Dispute Resolution Committees” (RDRC) and “Local Dispute Resolution Committees” (LDRC) respectively.

7.4.2 Just as the Commission will gain its legitimacy from its composition, reflecting the interested and relevant organisations, the RDRCs and LDRCs will gain their legitimacy by representing the people and communities they are designed to serve.

7.4.3 The areas of jurisdiction of the RDRCs shall be decided by the National Peace Secretariat until such time as statutory provision is made.

7.4.4 RDRCs will be constituted as follows:

7.4.4.1 representatives from relevant political organisations;

7.4.4.2 representatives from relevant churches;

7.4.4.3 representatives of relevant trade unions, industry and business in the region;

7.4.4.4 representatives of relevant local and tribal authorities; and

7.4.4.5 representatives from the police and the defence force.

7.4.5 Duties of RDRCs shall include the following:

7.4.5.1 attending to any matter referred to it by the LDRC, the National Peace Secretariat or the Commission;

7.4.5.2 advising the Commission on matters causing violence and intimidation in the region;

7.4.5.3 settling disputes causing public violence or intimidation by negotiating with the parties concerned and recording the terms of such settlements;

7.4.5.4 guiding LDRCs in their duties;

7.4.5.5 monitoring current applicable peace accords and future peace agreements entered into in the relevant region and settling disputes arising from them;

7.4.5.6 informing the National Peace Secretariat of steps taken to prevent violence and intimidation in its region including breaches of Peace Agreements; and

7.4.5.7 consulting with the relevant authorities in its region to combat or prevent violence and intimidation.

7.4.6 The communities within which LDRCs are to be established should be identified by the RDRCs.

7.4.7 LDRCs will be constituted by drawing representatives reflecting the needs of the relevant community.

7.4.8 Duties of the LDRCs shall include the following:

7.4.8.1 attending to any matter referred to it by either the Commission or the RDRCs;

7.4.8.2 creating trust and reconciliation between grassroots community leadership of relevant organisations,including the police and the defence force;

7.4.8.3 co-operating with the local Justice of the Peace in combating and preventing violence and intimidation;

7.4.8.4 settling disputes causing public violence or intimidation by negotiating with the parties concerned and recording the terms of such settlements;

7.4.8.5 eliminating conditions which may harm peace accords or peaceful relations;

7.4.8.6 reporting and making recommendations to the relevant RDRCs;

7.4.8.7 to promote compliance with currently valid and future peace accords and agreements entered into in the relevant area;

7.4.8.8 to agree upon rules and conditions relating to marches, rallies and gatherings; and

7.4.8.9 liaise with local police and local magistrates on matters concerning the prevention of violence, the holding of rallies, marches and gatherings.

7.5 Justices of the Peace

7.5.1 It is proposed that additional Justices of the Peace be appointed after consultation with the relevant parties and the LDRCs. The purpose of the Justices of the Peace will essentially be to promote the peace process at grassroots level and to assist the LDRCs in their activities.

7.5.2 Duties of Justices of the Peace shall include the following:

7.5.2.1 investigating any complaint received from anyone pertaining to public violence and intimidation, except where legal processes of investigations instituted by the South African Police, other police forces, the Commission, the RDRCs, the Police Reporting Officer or a commission of inquiry are dealing with the relevant matter;

7.5.2.2 mediating between relevant parties to a dispute by negotiation;

7.5.2.3 applying rules of natural justice when issuing an order which will be fair and just in the particular circumstances in order to restore peaceful relations;

7.5.2.4 referring facts constituting an offence to the relevant Attorney-General;

7.5.2.5 in co-operation with parties and in consultation with the LDRCs acting as the ears and eyes of LDRCs and reacting in urgent cases;

7.5.2.6 in all matters relating to public violence reporting to the LDRCs; and

7.5.2.7 to pronounce as a judgement the terms of a settlement reached at LDRCs or RDRCs, provided that the terms of such settlement are executable.

7.6 RDRCs, LDRCs and Justices of the Peace shall be empowered to:

7.6.1 request the presence of any person with knowledge of any acts of violence or intimidation to give evidence;

7.6.2 request that any person in possession of any relevant document or other evidentiary material put the same at their disposal; and

7.6.3 protect the identity and safety of anyone assisting the relevant body as contemplated in 7.6.1 and 7.6.2 by excluding the public and/or media from its proceedings or by limiting access to its documents or reports or by prohibiting the publication of the contents of any of its documents or reports.

7.7 The National Peace Secretariat shall assist RDRCs in the exercise of their duties.

7.8 RDRCs may limit the number of members of a LDRC taking into account the prevailing circumstances in the community.

7.9 RDRCs shall determine the boundaries of the area constituting the jurisdiction of LDRCs within their own areas of jurisdiction.

7.10 The National Peace Secretariat and the Commission will advise on the policy to be applied to and by the RDRCs and the LDRCs and the management of the said bodies.

7.11 Members of the RDRCs, LDRCs and Justices of the Peace not in the full-time employment of the State shall be entitled to remuneration and allowances to be paid by the State.

7.12 RDRCs and LDRCs shall appoint chairmen and vice-chairmen to represent the RDRC or LDRC concerned for a period of one year.

7.13 RDRCs and LDRCs shall furnish the National Peace Secretariat, the Commission or the relevant RDRC, as the case may be, with any information required by such bodies.

7.14 In view of the lack of effective peace promoting mechanisms at grassroots level it is urgent that these proposals be implemented as soon as possible. Because of the said urgency, it is agreed that the proposals be implemented on a voluntary basis at the outset. In order to give permanency and effectivity to the proposed structures it will have to be given statutory recognition as soon as possible. This should also ensure that the structures be funded by the State. In drafting the required legislation there should be wide consultation including with the National Peace Committee. The proposed legislation will also be published for general information and comment.

7.15 In order to ensure the proper functioning of the LDRCs, it is necessary to:

7.15.1 give them high status in their communities for their role in the peace process;

7.15.2 compensate the members of LDRCs for out-of-pocket expenses for attending meetings; and

7.15.3 train the members of the LDRCs in conciliating disputes, running meetings, negotiating skills, etc.

National Peace Agreement, Chapter 8, National Peace Committee:

8.1 Composition

8.1.1 Those political parties and organisations currently represented on the Preparatory Committee shall constitute the National Peace Committee together with representatives drawn from other signatory parties where the National Peace Committee believes such inclusion will give effect to the National Peace Accord.

8.1.2 The National Peace Committee shall appoint a chairperson and vice-chairperson, who shall be drawn from the religious and business communities.

8.2 Objective

The objective of the National Peace Committee is to monitor and to make recommendation on the implementation of the National Peace Accord as a whole and to ensure compliance with the Code of Conduct for Political Parties and Organisations.

8.3 Functions

8.3.1 The functions of the National Peace Committee shall be, inter alia, to:

8.3.1.1 perform those functions imposed upon it by the National Peace Accord;

8.3.1.2 receive and consider reports by the National Peace Secretariat and the Commission;

8.3.1.3 decide disputes concerning the interpretation of the Code of Conduct for Political Parties and Organisations;

8.3.1.4 resolve disputes concerning alleged transgression of the Code of Conduct for Political Parties and Organisations;

8.3.1.5 convene a meeting of the signatories in the event of an unresolved breach of the National Peace Accord; and

8.3.1.6 recommend legislation to give effect to the National Peace Accord.

8.4 Powers

8.4.1 The National Peace Committee shall have the following powers:

8.4.1.1 promote the aims and spirit of the National Peace Accord;

8.4.1.2 convene a meeting of the signatories where necessary;

8.4.1.3 amend the constitution of the National Peace Committee;

8.4.1.4 negotiate and conclude further agreements to achieve the objects of the National Peace Accord.

8.5 Meetings

8.5.1 The National Peace Committee shall elect a chairperson who shall not be a representative of any of the signatory parties.

8.5.2 Meetings shall take place on a regular basis at a date and time agreed to in advance.

8.5.3 Urgent meetings shall be convened by the chairperson on not less than 48 hours’ notice in writing to the authorised representatives;

8.5.4 The service of written notice of a meeting at the specified address of the authorised person shall constitute due notice.

8.5.5 An urgent meeting shall be called by the chairperson on a written request of one of the signatory parties to the National Peace Accord.

8.6 Voting

8.6.1 All decisions shall be by consensus.

8.6.2 In the event of a dispute over the interpretation of the National Peace Accord, the failure of the National Peace Committee to achieve consensus at the meeting at which the dispute is raised or at such further meetings as agreed, the dispute shall be referred to expedited arbitration in the manner set out in paragraph 9.4.

8.6.3 In the event of a breach of the National Peace Accord not being resolved by consensus at a meeting of the National Peace Committee, the chairperson of the National Peace Committee shall convene a meeting of national leadership of the signatories within 30 days of the meeting.

National Peace Agreement, Chapter 9, Enforcing the peace agreement between the parties:

9.1 There should be simple and expeditious procedures for the resolution of disputes regarding transgressions of the Code of Conduct for Political Parties and Organisations by political parties and organisations who are signatories of the National Peace Accord. These disputes should wherever possible, be settled:

9.1.1 at grassroots level;

9.1.2 through the participation of the parties themselves; and

9.1.3 by using the proven methods of mediation, arbitration and adjudication.

9.2 Disputes and complaints regarding transgression of the Code of Conduct for Political Parties and Organisations shall be referred to the National Peace Committee or a committee to whom it has referred the matter for resolution, if the parties were not able to resolve the dispute themselves.

9.3 Where the dispute cannot be resolved by the National Peace Committee or the committee to whom it has been referred to by the National Peace Committee, it shall be referred for arbitration.

9.4 The arbitrator shall be a person with legal skills, appointed by the relevant parties by consensus, failing which the arbitrator shall be appointed by the National Peace Committee within 21 days of being requested to do so in writing and failing which the Chair-person of the National Peace Committee shall appoint an arbitrator.

9.5 Subject to the above, the procedure of the arbitration shall be as follows:

9.5.1 the complaint shall be referred to the arbitrator by the complaining parties;

9.5.2 the arbitrator shall decide on a date of hearing and call upon the parties to the dispute to be present at the hearing with their witnesses;

9.5.3 the hearing shall be conducted in private;

9.5.4 the arbitrator shall make a finding on the facts and make an order on the organisation concerned to remedy the breach either by a public distancing of the organisation from the events or by steps to be taken to prevent further breaches of the Code and the time within which the order has to be implemented;

9.5.5 the arbitrator shall hold a compliance hearing once the time period has expired to determine compliance;

9.5.6 the arbitrator will then submit a report of its findings to the National Peace Committee.

9.6 The signatories agree to consult each other in the National Peace Committee on methods of ensuring that the Code of Conduct for Political Parties and Organisations is enforceable on all such bodies, including the possibility of statutory enforcement.