Constitutional and political developments
Author | G. Devenish |
DOI | 10.10520/EJC34830 |
Published date | 01 January 1997 |
Date | 01 January 1997 |
Pages | 1-34 |
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Constitutional and political
developments
George Devenish∗
Introduction
On 10 December 1996, after the Constitutional Court had certified that the
amended draft was in compliance in every respect with the constitutional
principles, President Mandela signed the Constitution at an impressive and
moving ceremony in Sharpeville. With the exception of certain provisions, the
1996 Constitution came into effect on 4 February 1997.1 The Constitution2 was
amended once in 1997, to change the period of 1 March 1960 to 10 May 1994
(the date on which Mr Mandela was inaugurated as President under the
Interim Constitution), from which amnesty may be granted by the Truth and
Reconciliation Commission.
The National Party had withdrawn from the government of national unity
with effect from 30 June 1996.3 This meant that the government of national
unity consisted of only the ANC and the IFP. The National Party became an
opposition party and its leader Mr F W de Klerk the leader of the opposition.
Shortly afterwards, Mr de Klerk resigned as leader of the National Party, and
Mr M Van Schalkwyk was elected leader of this party and therefore the new
leader of the opposition.
The Inkatha Freedom Party (IFP) abandoned its demand for international
mediation4, and pledged its loyalty to the 1996 Constitution, notwithstanding
certain profound misgivings concerning certain aspects of the text.5 However,
the IFP avowed that it would continue its struggle to realise a genuine federal
∗ Bsc (Wits) LLB LLD (UNISA) THTD (JCE). Professor of Public Law, University of
Natal, Durban
1 Devenish (1998) A Commentary on the South African Constitution: 22.
2 Constitution of the Republic of South Africa Amendment Act 35 of 1997.
3 South African Survey 1996/1997: 598, SA Institute of Race Relations.
4 Business Day 20 March 1997.
5 The Star 20 March 1997.
George Devenish
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constitution that would devolve power, allow bottom up participation in
policy formulation and provide an effective vehicle for delivery to all the
people of South Africa.6
In the period under review all political parties began to concentrate their
political efforts and pronouncements on the second democratic general
election due in 1999. The ANC cogently defended its record of government,
cautioning that South Africa’s vast and intractable socio-economic problems
would take a protracted period to resolve. It also fiercely attacked criticism of
its policies and performance by arguing that racism was the underlying
motivation behind such criticism. The leader of the Democratic Party, Mr Tony
Leon, called for a ‘Codesa of the opposition’ to ensure that the ANC did not
obtain a two-thirds majority,7 as this would allow it to unilaterally amend most
parts of the Constitution.8 This subsequently become a rallying cry for
opposition parties. The concern of opposition parties with the two thirds
majority issue was fuelled by a statement made to a Sunday newspaper by the
Secretary-General of the ANC, Mr K Motlanthe, who said the ANC was
seeking a two thirds majority in the 1999 election so that it could amend the
Constitution, review the powers of constitutionally independent bodies, and
govern without constraints. He commented further that the Judicial Services
Commission, the offices of the Attorney-General and Auditor-General, and the
South African Reserve Bank would have to be ‘transformed’9. Similar views
were expressed by Mr Peter Mokaba, Deputy Minister of Environmental
Affairs and Tourism.10 This sentiment was, however, rejected by President
Mandela, who intimated that the ANC was bound by the Constitution and
would not seek to change it unilaterally, even if it attained a two thirds
majority in the 1999 election.11
During this period, there was also considerable discussion of closer links
and a possible merger between the ANC and the IFP. A careful and calculated
rapproachment between the two political parties appeared to be taking place,
like porcupines making love, very cautiously and without passion. This
perception was supported by the attendance at the ANC’s fiftieth conference,
in December 1997, of Mr Lionel Mtshali, the IFP Minister of Arts, Science,
Culture and Technology, and by Mr Mandela’s praise for Chief Buthelezi in
his speech at this conference, in contrast to the sharp criticism was that was
6 The Star 20 March 1997.
7 The Star 15 September 1997.
8 South African Survey 1997/98: 505, SA Institute of Race Relations.
9 Sunday Times 3 May 1998.
10 South African Survey 1997/97: 465, SA Institute of Race Relations.
11 The Citizen 30 April 1998.
Constitutional and Political
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levelled at other opposition parties.12 This perception was strengthened by
the fact that, on no less than nine occasions, Chief Buthelezi was appointed
Acting-President while Mr Mandela was out of the country.13 All these events
have contributed to the establishment of greater peace and stability, fragile
that it is, in KwaZuluNatal.14 The issue remained so sensitive that Dr S
Mzimela was removed from his position as National Chairman of the IFP and
subsequently, from the Cabinet as Minister of Correctional Services, for
advocating a merger of the two political parties in an article in the Sunday
Times and other newspapers.15
The United Democratic Movement (UDM), a new political party, was
established in September 1997, after the merging of political structures headed
by Mr Roelf Meyer and Major-General Bantu Holomisa, both of whom had
formerly been senior members of the NP and the ANC, respectively.16 Initially
these two politicians jointly led the party, pending its first National Congress
in June 1998, when Holomisa was elected unopposed leader of the new
party.17
During the period under review there was widespread speculation about
the increasing tensions between the ANC and its alliance partners, the SACP
and Cosatu, particularly in relation to economic policy. The latter expressed
intense dissatisfaction with the Government’s macro-economic strategy,
based on Growth, Employment and Redistribution, referred to as GEAR. At
Cosatu’s National Congress, this strategy was termed a ‘monster’ and
declared incompatible with the Reconstruction and Development Programme
(RDP).18 In June 1998 Mr Thabo Mbeki commented that, ‘given the practical
politics of the day,’ there might be a need to assess the alliance, to establish
whether there was still sufficient common ground for the relationship to be
mutually beneficial, or whether they were ‘dreaming dreams that reflect the
past’.19 It is, therefore, possible that at some time after the next election, some
kind of parting of the ways between the alliance partners may occur.
12 South African Survey 1997/98: 513, SA Institute of Race Relations.
13 The Citizen 9 February 1997.
14 The first time he was appointed as Acting-President, Chief Buthelezi commented
that, he considered this to be a gesture of peace between the two parties. The Citizen
4 February 1997.
15 Sunday Times 30 November 1997.
16 Business Day 29 September 1997
17 The Star 30 June 1998.
18 The Star 17 September 1997.
19 The Citizen 24 June 1998.
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