By Norm Dixon
Following agreements made at bilateral meetings with the ruling National Party, the African National Congress is confident that a non-racial election for a constituent assembly and interim government will take place before the end of this year. The assembly will then draft a democratic constitution for South Africa.
Despite the ANC's optimism, the government remains determined to entrench white privilege. The ANC has pledged to continue mobilising South Africa's oppressed majority and its supporters worldwide to prevent this happening.
Delegations of the ANC and National Party held a six-day "bosberaad" (bush council) beginning January 22. They met again in early February. Prior to the first meeting, ANC president Nelson Mandela, during a speech marking the ANC's 81st anniversary on January 6, outlined the liberation movement's positions. He insisted that the election of a constituent assembly had to be held before the end of 1993.
"Today all South Africans realise that we need to move forward decisively and with the utmost speed. Each day that passes is a day of deprivation, of hunger, of rising unemployment, of violence, increasing crime and insecurity for all", he said.
Mandela attacked the government for seeking to preserve its privileges and power, and pointed out that it persistently failed to adhere to agreements reached with the ANC. The government refused to acknowledge that apartheid was a crime and had done little to eliminate the "third force" within the military despite the forced admission that senior South African Defence Force officers were involved in violence and destabilisation of the negotiation process.
"Our optimism for 1993 rests on the fact that mass action, public exposures, international pressure and the consistent espousal of democratic rule are the basis for the advances we have been making", Mandela said. "Through these instruments we must ensure that the regime abandons its bankrupt strategy of negotiating with whilst simultaneously seeking to undermine the ANC."
Mandela outlined the key steps: resumption of multilateral talks in the Convention for a Democratic South Africa; ensuring a climate of free political activity; establishment of the
Transitional Executive Council and substructures such as an independent elections commission and an independent media commission to ensure free and fair elections; elections for a constituent assembly and an interim government of national unity before 1994; reincorporation of the so-called independent bantustans.
The ANC-NP meeting agreed, in broad outline, on a timetable for democratic change. This was outlined in F.W. de Klerk's opening speech to the tricameral parliament on January 28. He said the CODESA talks would resume in March; a Transitional Executive Council, to replace the present government until an elected constituent assembly and interim government, would be in place by June. South Africa's first non-racial general elections would take place by January or February 1994.
There remain significant differences and much scope for difficulties. De Klerk envisages CODESA drafting a "transitional constitution" which would entrench certain measures and limit what the elected constituent assembly can decide. Top of de Klerk's wish list are mandatory power sharing and wide-ranging autonomy for "regions". Such autonomy would give maximum power to apartheid's allies such as Chief Mangosuthu Gatsha Buthelezi and the other bantustan puppets.
An ANC National Executive Committee statement on February 2 responded: "The ANC remains opposed to a new constitution providing for an entrenched power-sharing model. The central object of the transition must be to establish a full democracy in South Africa, one which allows the electorate to choose the government of the day ... A system which guarantees political office to politicians cannot be described as a genuine democracy."
De Klerk in his speech to parliament reiterated the apartheid regime's demand for long-term power sharing and maintenance of white privilege: "It cannot be a winner-take-all situation ..." He called for a "regional dispensation, based on federal principles and recognition of our cultural and linguistic diversity".
In another sleight of hand, de Klerk proposed a Fundamental Bill of Rights to be passed by the apartheid parliament prior to election of the constituent assembly. Under the cover of eliminating racist and sexist discrimination, it would protect private property from government confiscation and allow continued privileges for whites in education on the basis of religion and/or language. It also allows for retention of the death penalty. The constituent assembly would be bound by these provisions.
The ANC insists that a bill of rights must be part of a new constitution, but must be drafted by the elected constituent assembly. ANC legal spokesperson Dullah Omar explained, "A bill of rights as part of an interim constitution is actually intended to freeze the status quo ..."
Other outstanding differences will have to be tackled during the resumed CODESA talks. They include the size of the majority in the constituent assembly required for passage of a constitution. The ANC is prepared to offer 66%. The government is seeking a 75% vote on the bill of rights. The ANC sees such a high vote as a virtual right of veto.
The government also wants certain legislation to be passed by both the central government and autonomous regional legislatures by a two-thirds majority in each.
While opposing constitutionally entrenched power sharing, Mandela has said the best way to guard against potential destabilisation and a counter-revolutionary backlash "is to present a united front by forming a voluntary government of national unity. The newly elected democratic government will have to invite other political parties with significant followings to join the government. The problems facing us are so grave that I think such a step will be difficult to avoid."