Constitutional and political developments

• Date: 01 January 1997
• Published date: 01 January 1997
• Pages: 1-34
• DOI: 10.10520/EJC34830
• Author: G. Devenish

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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The National Party had withdrawn from the government of national unity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.