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Negotiations to end apartheid in South Africa

The apartheid system in South Africa was ended through a series of bilateral and multi-party negotiations between 1990 and 1993. The negotiations culminated in the passage of a new interim Constitution in 1993, a precursor to the Constitution of 1996; and in South Africa's first non-racial elections in 1994, won by the African National Congress (ANC) liberation movement.

Background
Apartheid was a system of racial discrimination and segregation by the South African government. It was formalised in 1948, forming a framework for political and economic dominance by the white population and severely restricting the political rights of the black majority. Between 1960 and 1990, the African National Congress and other mainly black opposition political organisations were banned. As the National Party cracked down on black opposition to apartheid, most leaders of ANC and other opposition organisations were either killed, imprisoned, or went into exile. However, increasing local and international pressure on the government, as well as the realisation that apartheid could neither be maintained by force forever nor overthrown by the opposition without considerable suffering, eventually led both sides to the negotiating table. The Tripartite Accord, which brought an end to the South African Border War in neighbouring Angola and Namibia, created a window of opportunity to create the enabling conditions for a negotiated settlement, recognized by Niel Barnard of the National Intelligence Service. Mahlabatini Declaration of Faith: January 1974 On 4 January 1974, Harry Schwarz, leader of the liberal-reformist wing of the United Party, met with Gatsha (later Mangosuthu) Buthelezi, Chief Executive Councillor of the black homeland of KwaZulu and signed a five-point plan for racial peace in South Africa, which came to be known as the Mahlabatini Declaration of Faith. The declaration stated that "the situation of South Africa in the world scene as well as internal community relations requires, in our view, an acceptance of certain fundamental concepts for the economic, social, and constitutional development of our country." It called for negotiations involving all peoples, in order to draw up constitutional proposals stressing opportunity for all with a Bill of Rights to safeguard these rights. It suggested that the federal concept was the appropriate framework for such changes to take place. It also affirmed that political change must take place through non-violent means. The declaration was the first of such agreements by acknowledged black and white political leaders in South Africa that affirmed to these principles. The commitment to the peaceful pursuit of political change was declared at a time when neither the National Party nor the African National Congress was looking to peaceful solutions or dialogue. The declaration was heralded by the English speaking press as a breakthrough in race relations in South Africa. Shortly after it was issued, the declaration was endorsed by several chief ministers of the black homelands, including Cedric Phatudi (Lebowa), Lucas Mangope (Bophuthatswana) and Hudson Nisanwisi (Gazankulu). Despite considerable support from black leaders, the English speaking press and liberal figures such as Alan Paton, the declaration saw staunch opposition from the National Party, the Afrikaans press and the conservative wing of Harry Schwarz's United Party. Early contact: 1980s The very first meetings between the South African Government and Nelson Mandela were driven by the National Intelligence Service (NIS) under the leadership of Niel Barnard and his Deputy Director General, Mike Louw. These meetings were secret in nature and were designed to develop an understanding about whether there were sufficient common grounds for future peace talks. As these meetings evolved, a level of trust developed between the key actors (Barnard, Louw, and Mandela). The first less-tentative meeting between Mandela and the National Party government came while P. W. Botha was State President. In November 1985, Minister Kobie Coetsee met Mandela in the hospital while Mandela was being treated for prostate surgery. Over the next four years, a series of tentative meetings took place, laying the groundwork for further contact and future negotiations, but little real progress was made and the meetings remained secret until several years later. The operational objective of this meeting was not to understand the opinions of the actors themselves—that was very well known at this stage within strategic management circles—but rather to gauge public opinion about a movement away from the previous security posture of confrontation and repression to a new posture based on engagement and accommodation. Reforms announced: February 1990 When F. W. de Klerk became president in 1989, he was able to build on the previous secret negotiations with Mandela. The first significant steps towards formal negotiations took place in February 1990 when, in his speech at the opening of Parliament, de Klerk announced the repeal of the ban on the ANC and other banned political organisations, as well as Mandela's release after 27 years in prison. Mandela was released on 11 February 1990 and direct talks between the ANC and the government were scheduled to begin on 11 April. However, on 26 March, 11 protestors were killed by police in the Sebokeng massacre, and the ANC announced on 31 March that it intended to pull out of the negotiations indefinitely. The talks were only rescheduled after an emergency meeting between Mandela and de Klerk, held in early April. ==Early "talks about talks"==
Early "talks about talks"
Groote Schuur Minute: May 1990 in May 1990. (right) gives one of his first press interviews after his release from prison in February 1990.On 2–4 May 1990, the ANC met with the South African government at the Groote Schuur presidential residence in Cape Town, in what were touted as the first of several "talks about talks", intended to negotiate the terms for more substantive negotiations. After the first day of meetings, a joint statement was released which identified the factors held by the parties to constitute obstacles to further negotiations: the government was concerned primarily about the ANC's ongoing commitment to armed struggle, while the ANC listed six preliminary demands, including the release of political prisoners, the return of ANC activists from exile, and the lifting of the state of emergency. The parties agreed to establish a working group, which should aim to complete its work before 21 May and which would consider the terms under which retroactive immunity would be granted for political offences. The government also committed to review its security legislation to "ensure normal and free political activities". Following another meeting between Mandela and de Klerk on 26 July, intensive bilateral talks were held on 6 August in Pretoria, resulting in another joint communiqué, the Pretoria Minute. The minute reiterated and extended earlier pledges by the government to consider amending its security legislation and lifting the state of emergency (then ongoing only in Natal province); and it also committed the government to releasing certain categories of political prisoners from September and indemnifying certain categories of political offences from October. Most significantly, however, the minute included a commitment to the immediate and unilateral suspension of all armed activities by the ANC and its armed wing, Umkhonto we Sizwe. which contained commitments arising from the activities of the working group on political offences, and which also clarified the terms of the ANC's suspension of armed struggle. It specified that the ANC would not launch attacks, create underground structures, threaten or incite violence, infiltrate men and materials into the country, or train men for armed action inside the country. In early April 1991, the ANC imposed an ultimatum, threatening to suspend all negotiations unless the government took steps to reduce the violence. Its case was strengthened by a major scandal in July 1991, known as Inkathagate, which unravelled after journalist David Beresford published evidence, obtained from a Security Branch informant, that the government had been subsidising the IFP. National Peace Accord: September 1991 On 14 September 1991, twenty-six organisations signed the National Peace Accord. The first multi-party agreement towards negotiations, it did not resolve substantive questions about the nature of the post-apartheid settlement, but did include guidelines for the conduct of political organisations and security forces. To address the ongoing political violence, it established multi-party conflict resolution structures (or "sub-committees") at the community level, as well as related structures at the national level, notably the Goldstone Commission. The accord prepared the way for multi-party negotiations, under the organisation that came to be called the Convention for a Democratic South Africa (CODESA). == Convention for a Democratic South Africa (CODESA) ==
Convention for a Democratic South Africa (CODESA)
Composition 19 groups were represented at CODESA: the South African government and the governments of the so-called TBVC states (the nominally independent homelands of Transkei, Bophuthatswana, Venda, and Ciskei); the three main political players – the ANC, the IFP, and the NP (represented separately to the government, although holding identical positions to it); and a further variety of political groups. These were the SACP, the Democratic Party, the Dikwankwetla Party, the Inyandza National Movement (of KaNgwane), the Intando Yesizwe Party (of KwaNdebele), the Labour Party, the Transvaal and Natal Indian Congress, the National People's Party, Solidarity, the United People's Front, and the Ximoko Progressive Party. However, the negotiations were boycotted by organisations both on the far left (notably the Pan-Africanist Congress (PAC) and Azanian People's Organisation) and on far right (notably the Conservative Party and the Herstigte Nasionale Party). And South Africa's largest labour grouping, the Congress of South African Trade Unions, applied for but was denied permission to participate at CODESA; instead, its interests were to be represented indirectly by its Tripartite Alliance partners, the ANC and SACP. In addition to a secretariat – led by Mac Maharaj of the ANC and Fanie van der Merwe of the government – and a management committee, CODESA I comprised five working groups, which became the main negotiating forums during CODESA's lifespan and each of which was dedicated to a specific issue. On the first day, all 19 participants signed a Declaration of Intent, assenting to be bound by certain initial principles and by further agreements reached at CODESA. Notwithstanding various enduring sticking points, the extent of agreement reached at CODESA I was remarkable. Participants agreed that South Africa was to be a united, democratic, and non-racial state, with adherence to a separation of powers, with a supreme constitution and judicially enforceable bill of rights, with regular multi-party elections under a system of proportional representation, and with a common South African citizenship. However, de Klerk's triumph in the referendum did not curtail – and may have inflamed – political violence, including among the white right-wing; On the other hand, the NP held that the constitution should be negotiated among parties, in a forum resembling CODESA, and then adopted by the existing (and NP-dominated) legislature – both to protect minority interests, and to ensure legal continuity. Thereafter, it sought a transitional system of government under a compulsory coalition, with the cabinet drawn equally from each of the three major parties and a presidency that would rotate among them. The IFP also opposed the notion of a democratically elected constituent assembly, although for different reasons. As a result of this deadlock, with consensus evidently out of reach, discussions stalled and the plenary was dissolved on the second day of meetings, 16 May – although the parties reaffirmed their commitment to the Declaration of Intent, and expected to re-convene once the major disagreements had been resolved outside the plenary. == Breakdown of negotiations ==
Breakdown of negotiations
Return to mass action: June–August 1992 With CODESA stalled, the ANC announced its return to a programme of "rolling mass action", aimed at consolidating – and decisively demonstrating – the level of popular support for its agenda in the constitutional negotiations. The programme began with a nationwide stay-away on 16 June, the anniversary of the 1976 Soweto uprising. Amid broader suspicions of state-sponsored so-called third force involvement in the ongoing political violence, the ANC accused the government of complicity in the attack and announced, on 24 June, that it was withdrawing from negotiations until such time as the government took steps to restore its trust. Lamenting that the massacre had thrown South Africa "back to the Sharpeville days", Mandela suggested that trust might be restored by specific measures to curtail political violence, including regulating workers' hostels, banning cultural weapons like the spears favoured by the IFP, and prosecuting state security personnel implicated in violence. The political impetus for a negotiated solution was given further urgency after the Bisho massacre on 7 September, in which the Ciskei Defence Force killed 28 ANC supporters. Record of Understanding: September 1992 For the month following 21 August 1992, representatives of the ANC and the government met to discuss the resumption of negotiations. Specifically, the government was represented by the Minister of Constitutional Development, Roelf Meyer, and the ANC by its Secretary General, Cyril Ramaphosa. Through intensive informal discussions, Meyer and Ramaphosa struck up a famous friendship. Their informal meetings were followed by a full bilateral summit in Johannesburg on 26 September 1992, which resulted in a Record of Understanding. In February 1993, the National Executive Committee of the ANC formally endorsed the sunset clause proposal and the idea of a five-year coalition GNU, a decision which was to lubricate multi-party negotiations when they resumed later that year. == Multi-Party Negotiating Forum (MPNF) ==
Multi-Party Negotiating Forum (MPNF)
In early March 1993, an official Multi-Party Planning Conference was held at the World Trade Centre near Johannesburg to arrange the resumption of multi-party negotiations. The conference established the Multi-Party Negotiating Forum (MPNF), which met for the first time on 1 April 1993. Each party sent ten delegates to the plenary, which, as in CODESA, was required to ratify all formal agreements. However, Mandela's plea for calm, broadcast on national television, is viewed as having increased the status and credibility of the ANC, both internationally and among domestic moderates. Concerned South Africans Group In early October 1992, Buthelezi had been infuriated by the IFP's exclusion from the Record of Understanding, and in October 1992 had announced to a rally that the IFP would withdraw from further negotiations. after a flurry of bilateral agreements on sensitive issues were concluded in quick succession on 17 November. On the day of the council's inauguration in late 1993, ==Political transition==
Political transition
Democratic elections: April 1994 In the run-up to the 1994 elections, a final stumbling block was the continued boycott of the elections by the members of the Freedom Alliance. Shortly before the election, an international delegation, led by former U.S. Secretary of State Henry Kissinger and former British Foreign Secretary Peter Carington, visited South Africa to broker a resolution to the IFP's election boycott, or, failing that, to persuade the ANC and NP to delay the elections to avert possible violence. The IFP's name was added to the ballot papers, which had already been printed, by means of a sticker added manually to the bottom of each slip. Opposition from other wings of the former COSAG was also neutralised: in March, days after Mangope announced that his "country" would not participate in the elections, his administration was effectively paralysed by the Bophutatswana crisis. Six other parties were represented in the national legislature and among them, under the provisions of the interim Constitution, the NP and IFP won enough seats to participate alongside the ANC in a single-term coalition Government of National Unity. Also in terms of a constitutional provision, de Klerk was appointed Mandela's second deputy president. Aftermath In 1995, government passed legislation mandating the creation of the Truth and Reconciliation Commission, a restorative justice tribunal which over the next three years investigated human rights violations under apartheid. The final Constitution was negotiated by the Constitutional Assembly, working from principles contained in the interim Constitution, and was provisionally adopted in 8 May 1996. The next day, de Klerk announced that the NP would withdraw from the Government of National Unity, calling the moment a "natural watershed". Following changes made to the text at the instruction of the new Constitutional Court, the final Constitution came into effect in February 1997 and successful elections were held under its provisions in June 1999, consolidating the ANC's long-lived majority in the national legislature. == See also ==
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