UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

COLLEGE OF LEGAL STUDIES DEHRADUN

Project on:
³Transformation of democracy in South Africa´.

Submitted to: Sam Babu K.C Faculty, Political Science COLS, UPES

Submitted by: Ashwani Aman SAP ID-500012368 Sec: A (BA.LLB) 1st Year

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INDEX

y Introduction y History of South Africa y Formation and Role of African National Congress y The Democratic Process Begins y The CODESA Negotiations y The Final Election y Conclusion

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INTRODUCTION ³During my lifetime I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die´. -NELSON MANDELA

About a three month back on 18th July, the world celebrated the birthday of the most lovable grand old man Madiba or the Mandela. Whenever he raised his closed fist to say µAmandla¶ he got overwhelming response from the millions colonized Africans with µNgawethu¶.1 This man of sacrifices spent more than three decade behind the bars in an isolated island for the liberation of South Africa. The auspicious land of South Arica was first colonized by the Dutch and then by the mighty Britishers. A series of harsh laws were passed during 1948 to 1994 by the then ruling National Party promoting apartheid, mass discrimination and sense of fear among Blacks, colored and other non white residents of South Arica. By virtue of The Natives' Land Act of 1913 the ownership of land by 'blacks' was restricted to mere 7% of the country. The government through various apartheid legislations like Prohibition of Mixed Marriages Act of 1949, Immorality Act of 1950, Population Registration Act of 1950, Riotous Assemblies Act of 1956, Unlawful Organizations Act of 1960, Group Areas Act of 1950, Bantu Authorities Act of 1951, Prevention of Illegal Squatting Act of 1951, Reservation of Separate Amenities Act of 1953, Bantu Education Act of 1953, Mines and Work Act of
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Amandla Ngawethu' means 'Mayibuye i Afrika' - we are determined to seize power or power to the people. http://www.anc.org.za/ancdocs/speeches/1980s/sp800626.html

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to those of Indians and colored. The South African apartheid policies caught international attention after the Sharpeville massacre where 69 protestors were brutally killed by the police. These all repressing measures led to mass resentment among various non white population of South Africa leading to the formation of Africa National Congress (ANC). the then south Africans ruling President De Klerk decided to end the incarceration of nelson Mandela to negotiate peace talks and future course of action for South 2 Resolutions 1761.2 After a lot of fanfare and international debate & pressure and consistent disobedience by the protestors. boycotts and civil disobedience actions for showing their disenchantment. and other public services. 418 were passed by the UN Security Council to put pressure on the south African government to end apartheid movement to and restore peace. which performed acts of sabotage on tactical state structures. The government after this incident declared a state of emergency and banned both ANC and PAC which was followed by arrests of large number of leaders. The United Nation passed various resolutions condemning apartheid policies of South Africa. The black people ended up with services greatly inferior to those of whites. 181. to a lesser extent. segregated education. The international fora criticized the chain of events happening in South Africa and build pressure on the national government there to negotiate with the people of Africa.1956 etc prohibited marital union between persons of different races.org/documents/scres. The black education system was designed to prepare blacks for lives as a labour class. medical care. http://www. prohibited blacks from entering into the white reserved areas. created separate black homelands. and. The organizations mainly followed the methods of strikes. The ANC also launched an armed struggle through a newly formed military wing. Pan Africanist Congress (PAC). Umkhonto we Sizwe (MK).htm 4 . Nelson Mandela was sent to indefinite incarceration on Robbins Island where he was subjected to various tortures. South African Indian Congress and other political organizations.un.

5 .Africa. After various rounds of negotiation between the leaders. elections were scheduled and every African above eighteen years of age was given the right to vote. The ANC won the election and Nelson Mandela became the first president of free Africa. an agreement was reached.

9%.geographia. labor.infoplease. religious and linguistic structures on the indigenous population. 9. displaced or exterminated. white.southafrica. The present South African population consists of 79 percent black Africans.4 The black Africans are said to be the original inhabitants of South Africa who are the descendants of the present day Kalahari µbushmen¶ and µKhoikhoi¶.5% Indian/Asian. Xhosa.htm 6 http://www. a lifeblood of many historians and anthropologists who are working day in and day out on South Africa. economic and cultural intervention and hegemony by a powerful country in a weaker one.5 The African majority is composed of many different ethnic groups.6%.6 Era of Colonialism Colonialism is the extension of a nation's sovereignty over territory beyond its borders by the establishment of either settler or exploitation colonies in which indigenous populations are directly ruled. the largest of which are Zulu.5 million years.com/ipa/A0107983.htm http://www. Colonizing nations generally dominate the resources. 3 4 http://countrystudies. South Africa is the dream land of many. The oldest evidence in the world documenting the emergence of humankind has been found in South Africa which date back at least 2. and markets of the colonial territory.info/about/history/history. and may also impose socio-cultural.us/south-africa/2.History of South Africa Being situated at the southernmost tip of the second largest continent. 8. Tswana. It is essentially a system of direct political. colored and 2. and Bapedi.html 5 http://www.com/south-africa/ 6 .3 The pious land of South Africa is culturally rich and within itself encapsulates numerous histories.

the most widely circulated sources has been referred to for this part of the project. wheat and wine of the company¶s settlement.gov.htm http://www.net/history/eh_cala1. Advent of Dutch Portuguese seafarers.htm 7 . is bordered by the Atlantic Ocean on the west and the Indian Ocean on the south and east. were regular visitors to the South African coast during the early 1500s. vegetable.southafrica-travel. The Cape of Good Hope renamed by Jon II of Portugal was previously known as Cape of Storms was the most strategic site discovered as it facilitated sea trade routes from Europe to Aisa and Africa.The land of South Africa will be a preferred choice for every willing colonizer because of its vast unexploited mineral resources and strategic location favoring international trade.8 7 8 http://www. Shortly thereafter. Other Europeans followed from the late 16th century. Slowly the Dutch settlers stated establishing their own farms to cater the growing need of fruits. instead wanting only to establish a secure base camp where passing company ships could shelter. The arrival of Europeans in southern Africa was by far the most traumatic experience the resident communities had ever encountered.info. Various scholars have given different views on South African early colonial history. and vegetables while on a long journey from Europe to Asia.7 However. and where hungry sailors could stock up on fresh supplies of meat. fruit. the Dutch East India Company in 1652 established a permanent settlement with no intention of colonizing the area. who pioneered the sea route to India in the late 15th century.za/aboutsa/history. the Dutch sailors were the first in race to have arrived at Cape of Good Hope with an intention to inhabit.

The Hottentot Code of 1809 required that all Khoikhoi and other free blacks carry passes stating where they lived and who their employers were.htm http://www. The British founded a strong colony with 25. the British tried to keep the costs low and the settlement small. and differentiation on the basis of race was deeply entrenched. Having seized the Cape from the VOC in 1795.Advent of British The British had by then taken possession of the Cape during the French revolutionary wars. Persons without such passes could be forced into employment by white masters.nl/introduction/colonisation. save for a brief return to Dutch rule from 1803 to 1806. They also introduced racially discriminatory legislation to force Khoikhoi and other so-called "free" blacks to work for as little as possible. with the beginning of the Napoleonic Wars.10 9 10 http://countrystudies. the British again took the Cape in order to protect the sea route to their Asian empire. the British returned the colony to the Dutch government in 1803 when peace had been concluded with the French. and held it as a colony from 1795.html 8 .000 white colonists.000 freed black slaves. Like the VOC before them.000 Khoisan. 15. The British adopted contradictory policies in ruling their newly acquired Cape Colony in the first three decades of the nineteenth century.000 slaves. Power resided solely with a white élite in Cape Town.us/south-africa/11. Local officials continued the policy of relying on imported slave labor rather than encouraging European immigration with the latter's implication of permanent and expanding settlement.9 British sovereignty of the area was recognized at the Congress of Vienna in 1815. In 1806.zuidafrika. 20. and 1. however.

14 11 12 13 14 http://www. "the Nationalist win did not surprise or interest us.Era of Apartheid in South Africa Apartheid is an Afrikaans word meaning "seperateness" .it was a legal system whereby people were classified into racial groups .to/history/Apartheid/apartheid. understood how swift the deterioration was to be". Indian and Coloured.htm Ibid 9 . Nevertheless I think it is true that very few if any of us. and separate geographic areas were demarcated for each racial group.southafrica. dominate and control blacks.12 It is interesting t13o note that the all white Dutch reformed church embraced the Reunited National Party Apartheid policy and solemnly declared in a speech made by a prominent church leader "South Africa belongs to us once more.co.White. Apartheid laws were part of South Africa's legal framework from 1948 to 1994. The reason for such a victory was that only whites were allowed to vote and participate in the Government and the Blacks were forbidden. The seeds of Apartheid were sowed as early as 1910. Apartheid officially became law after the Reunited National Party won the white minority elections on the 28th May 1948. though we realized that there would probably be an intensification of the hardships and indignities which had always come our way.11 The apartheid policy was designed to oppress.htm http://www. For the first time since Union. Black. May god grant that it will always remain so" A quote from Albert Luthuli best sums up the sentiment of black South Africans.za/apartheid_history1. South Africa is our own. and in the same breath to enrich white South Africans at the expense of the oppressed people.rebirth.

What makes South Africa's apartheid era different to segregation and racial hatred that have occurred in other countries is the systematic way in which the National Party. The 1950 Population Registration Act required the populace of South Africa to be divided into three racial categories: white. this restricted black occupancy to less than eight per cent of South Africa's land. Some of the main apartheid laws have been discussed below: (a) Prohibition of Mixed Marriages Act. Starting in 1948.15 Politicians in the Nationalist Party created apartheid as a way to extend racial separation while maintaining white domination. Act No 55 of 1949. and coloured (of mixed descent). the Nationalist Government in South Africa enacted laws to define and enforce segregation.htm 10 .com/library/bl/blsalaws. No 27 of 1913 and The Natives (Urban Areas) Act of 1923. Various segregation laws were passes before the Nationalist Party took complete power in 1948.The newly elected Nationalist party portrayed a western kind of democracy and passed a series of discriminatory laws promoting apartheid measures.edu/~dwilliam/f97projects/apartheid/history.This Act Prohibited marriages between white people and people of other races. formalized it through the law. The former made it illegal for blacks to purchase or lease land from whites except in reserves. Between 1946 and the enactment of this law. The union of South Africa was designed with a government acknowledging the rights of white people while denying those same rights to blacks. The latter laid the foundations for residential segregation in urban areas.about. The organization in charge of this racial classification was the Department of Home Affairs.snu. Apartheid became the system of government through the ratifying of 317 apartheid-related laws. only 75 mixed marriages had 15 16 http://africanhistory. which came into power in 1948.htm http://home.16 Those who did not abide by the classification laws were dealt with harshly. black (African). Probably the most significant were The Natives Land Act.

for example Coloureds living in District Six in Cape Town.It Allowed black people to be trained as artisans in the building trade.It prohibited adultery. something previously reserved for whites only. Act No 30 of 1950 ± It led to the creation of a national register in which every person's race was recorded. Made it a criminal offence for a black person to perform any skilled work in urban areas except in those sections designated for black occupation. Act No 21 of 1950. (b) Immorality Amendment Act. (g) Separate Representation of Voters Act. Communists could be banned from participating in a political organisation and restricted to a particular area. Communism was defined so broadly that it covered any call for radical change. This Act was the first major piece of apartheid legislation. but they had to work within an area designated for blacks. A Race Classification Board took the final decision on what a person's race was in disputed cases. (c) Population Registration Act. (f) Bantu Building Workers Act. Act No 44 of 1950. attempted adultery or related immoral acts (extra-marital sex) between white and black people.This Act Outlawed communism and the Community Party in South Africa. (d) Group Areas Act. Act No 27 of 1951. It led to forced removals of people living in "wrong" areas. compared with some 28.000 white marriages. (e) Suppression of Communism Act. 11 .It forced physical separation between races by creating different residential areas for different races.been recorded. Act No 41 of 1950.This act led to the removal of Coloureds from the common voters' roll. Act No 46 of 1951 .

(i) Bantu Authorities Act. or who had been employed there continuously for at least 15 years. employment record. 12 .It narrowed the definition of the category of blacks who had the right of permanent residence in towns.It provided for the establishment of black homelands and regional authorities and. It was a criminal offence to be unable to produce a pass when required to do so by the police. Section 10 limited this to those who'd been born in a town and had lived there continuously for not less than 15 years. with the aim of creating greater self-government in the homelands. No black person could leave a rural area for an urban one without a permit from the local authorities. and encounters with the police. On arrival in an urban area a permit to seek work had to be obtained within 72 hours. or who had worked continuously for the same employer for at least 10 years. Act No 52 of 1951. (k) Natives (Abolition of Passes and Co-ordination of Documents) Act. (j) Natives Laws Amendment Act of 1952. Act No 68 of 1951.(h) Prevention of Illegal Squatting Act. A pass included a photograph.Commonly known as the Pass Laws.It gave the Minister of Native Affairs the power to remove blacks from public or privately owned land and to establishment resettlement camps to house these displaced people. details of place of origin. Act No 67 of 1952. this ironically named act forced black people to carry identification with them at all times. tax payments.

(o) Natives (Prohibition of Interdicts) Act. and public transport with the aim of eliminating contact between whites and other races. stated that its aim was to prevent Africans receiving an education that would lead them to aspire to positions they wouldn't be allowed to hold in society. and industrial schemes in areas designated for black people. (q) Extension of University Education Act. The author of the legislation. Dr Hendrik Verwoerd (then Minister of Native Affairs. commercial. blacks. Act No 64 of 1956 ± It denied black people the option of appealing to the courts against forced removals. Coloured. and Asians.It Classified black people into eight ethnic groups. (n) Reservation of Separate Amenities Act. Created separate tertiary institutions for whites. Act No 46 of 1959. Act 45 of 1959. Act No 49 of 1953 ± It forced segregation in all public amenities. (m) Bantu Education Act. Each group had a 13 . later Prime Minister).(l) Native Labour (Settlement of Disputes) Act of 1953 ± It prohibited strike action by blacks. The act stated that facilities provided for different races need not be equal.It provided for the creation of financial. Act No 47 of 1953. public buildings.It established a Black Education Department in the Department of Native Affairs which would compile a curriculum that suited the "nature and requirements of the black people". Act No 34 of 1959. "Europeans Only" and "Non-Europeans Only" signs were put up. (p) Bantu Investment Corporation Act.It Put an end to black students attending white universities (mainly the universities of Cape Town and Witwatersrand). (r) Promotion of Bantu Self-Government Act. Instead Africans were to receive an education designed to provide them with skills to serve their own people in the homelands or to work in labouring jobs under whites.

It created black councils in urban areas that were suppoed to be tied to the authorities running the related ethnic homeland. The above mentioned laws are some amongst the 317 apartheid laws passed by the Nationalist Government.Commissioner-General who was tasked to develop a homeland for each. which would be allowed to govern itself independently without white intervention. and removed their South African citizenship. (u) Bantu Homelands Citizens Act of 1970. which was responsible for the internal security of South Africa. Act No 79 of 1961. regardless of whether they'd ever lived there or not.It allowed for indefinite detention without trial and established BOSS. 14 . the Bureau of State Security.It Compelled all black people to become a citizen of the homeland that responded to their ethnic group. (t) Terrorism Act of 1967. (s) Urban Bantu Councils Act.

org.php?doc=ancdocs/history/gendocs. it was a logical development of history. 18 17 15 . January 8. haplessness and The White Rule.19 http://www.anc.php?doc=/ancdocs/history/unity. It started as a voice. which changed it from the careful organization it was in the 1930s to the mass movement it was to become in the 1950s. and other prominent individuals gathered in Bloemfontein and formed the African National Congress with its aim to bring all Africans together as one people to defend their rights and freedoms. The ANC In 1919 led a massive campaign in Transvaal to oppose against the system the passes which mandated the blacks in South Africa to carry it all time and supported the militant strike by African mineworkers in 1920. ANC received a new life and energy in the 1940s.za/show.html http://www.org. a continuation of the anti-colonial struggle of African people which began with colonialism itself. the ANC and the Indian Congresses signed a pact stating full support for one another's campaigns. was a red letter day in the history of South Africa when chiefs. representatives of people's and church organisations.za/show. Coloureds and Indians.18 The ANC in the beginning adopted measures like persuasions to British government to appeal against the unjust laws like Land Act of 1913 but were ignored.anc.Formation and Role of African National Congress The African National Congress is not jut about a party but it is about assimilation of thoughts which felt the wrath of distressness.17 The formation of the ANC was not an accident of history.html 19 In 1947. though to become the largest democratic party in South Africa. 1912. This part of the project shall discuss some of the major inactions taken by the ANC against the apartheid government. Harsher racism brought greater co-operation between the organizations of Africans.

Africans broke the pass laws and Indian. colored and Indians. color and sex and demanded equal rights and opportunities for blacks. The then ruling Nationalist Government treated the freedom charter as reflection of 20 21 Supra note 1 Ibid 16 . Walter Sisulu and Oliver Tambo believed that Africans would be free only by their own efforts and aimed to involve the masses of people in militant struggles. Coloured and White "volunteers" entered African townships without permission. As a result of mass movement. an organisation of white democrats. like the Group Areas Act and the Bantu Education Act. The success of the Defiance Campaign encouraged further campaigns against apartheid laws. It brought closer co-operation between the ANC and the SA Indian Congress.The South Africa was going to witness a windfall change in its history with the formation of Youth League in 1949 which had the potential to shape the face of South Africa. "Non-Europeans" walked through "Europeans Only" entrances and demanded service at "White's Only" counters of post offices.21 The ANC together with its allied parties drafted Freedom Charter indicating that South Africa belongs to all who live in it irrespective of race. The government tried to stop the Defiance Campaign by banning it's leaders and passing new laws to prevent public disobedience but the campaign had already made huge gains.20 The Youth League drew up a Programme of Action calling for strikes. The prominent leaders of youth league were Nelson Mandela. These organizations together with the SA Congress of Trade Unions (SACTU) formed the Congress Alliance to represent the interest of South African people. the SA Coloured people's Organisation (SACPO) and the Congress of Democrats (COD). swelled their membership and also led to the formation of new organisations. boycotts and defiance was adopted by the ANC in 1949.

early on the morning of 5 December 1956. pamphlets.22 Towards Umkhonto We Sizwe A section of the ANC who called themselves Africanists. even pieces of clothing in preparation for trial. after the appreciation of evidences. They objected to the ANC's growing co-operation with whites and Indians. At Sharpville the police opened fire on the unarmed and peaceful crowd. 23 Whites. gathered in large numbers at Sharpville in the Vaal and at Nyanga and Langa near Cape Town without their passes.The massacre of peaceful protestors at Sharpville brought a decade of peaceful protest to an end. However.23 The ANC realized after massacre of the peaceful protestors and subsequent banning of the ANC that peaceful protest is not sufficient enough to change the mind of the apartheid Nationalist party. opposed the Freedom Charter.104 Africans. 21 Indians and 8 Coloureds . A major incident occurred in 1960 when both the ANC and PAC participated in an anti ±pass campaign. However. Throughout 1955 and 1956 the police conducted a series of raids on offices and private homes of hundreds of opponents of apartheid to seize documents. One hundred and fifty-six people . hundreds of policemen throughout the country descended on the homes of leaders of the Congress Alliance and arrested them.were charged with high treason. 23 22 Supra note 1 17 . The ANC went underground and continued The Government had banned µcommunism¶ in 1950. killing 69 and wounding 186. A state of emergency was declared and thousands of Congress and PAC activists were arrested and detained. letters. could not be overcome. The government banned the ANC and the PAC. both ANC and PAC together supported the cause of nation. In 1959 the Africanists broke away and formed the Pan Africanist Congress (PAC). The Treason Trial was the main attack on the Freedom Charter. the court acquitted and discharged all the accused. though having different ideologies. Finally. a capital offence in South Africa.communist movement and brought the leaders to trial in the infamous Treason Case. The differences between the Africanists and those in the ANC who supported non-racialism. who they described as foreigners.

Umkhonto we Sizwe (MK) was formed to "hit back by all means within their power in defence of their people. Mandela was brought to stand trial with them for plotting to overthrow the government by violence. in which ten leaders of the African National Congress were tried for 221 acts of sabotage designed to "ferment violent revolution´ to overthrow the apartheid system.24 In 18 months MK carried out 200 acts of sabotage destroying government installations. which were necessary to complement the actions of the established national liberation organizations. Umkhonto we Sizwe was a new independent body. 1962 and sentenced to five years' imprisonment with hard labour for leaving the country without a passport.html 25 24 18 . when many fellow leaders of the ANC and the Umkhonto we Sizwe were arrested.html The Rivonia Trial was a trial that took place in South Africa between 1963 and 1964. including Mandela. police raided the secret headquarters of MK and arrested the leaders leading to the famous Rivonia Trial where the leaders of MK were charged with attempting to cause a violent revolution. On June 12. off Cape Town. 26 http://nobelprize. From 1964 to 1982.org.anc. particularly those connected with the policy of apartheid and race discrimination. In 1963. In 1963. 1964. In retaliation government passed laws to make death a penalty for sabotage and to allow police to detain people for 90 days without trial. their future and their freedom".25Nelson Mandela. were sentenced to life imprisonment.to organise secretly. one of the pioneer of umkhanto we seize who had returned South Africa after undergoing military training and was secretly monitoring the acts of sabotage was finally arrested on 5th August. formed by Africans of all races to carry on the struggle for freedom and democracy by new methods. he was incarcerated at Robben Island Prison.26 http://www. eight of the accused. he was at Pollsmoor Prison. nearby on the mainland. thereafter.za/ancdocs/history/mk/rkmk. All of them were given life sentence after conclusion of trial with acquittal of Lionel Bernstein.org/nobel_prizes/peace/laureates/1993/mandela-bio.

a commitment between the two parties towards the resolution of the existing climate of violence and intimidation as well as the removal of practical obstacles to negotiation including indemnity from 27 http://www. the ANC. Botha offered Mandela conditional release in return for renouncing armed struggle. A prisoner cannot enter into contracts.at/heritage/history/newSA_mandela.capetown. and a wide variety of other political organizations during 1990 and 1993. government and ANC leaders met for a three day summit at Groote Schuur. releasing a statement via his daughter Zindzi saying "What freedom am I being offered while the organisation of the people remains banned? Only free men can negotiate. Mandela spurned the offer.W. the African National Congress. This was the first time when the apartheid government showed a little sign of peaceful negotiation. the President's House in Cape Town which resulted in the Groote Schuur Minute.W. trade. de Klerk took over the National Party as its new president and felt the need of negotiating with Mandela for restoring peace in South Africa in the face of growing violence.27 A series of negotiation took place between the governing National Party.htm 19 .´ Mandela was finally released on 11 February. 1990 when F. sport and cultural sanctions were also mounting on the government for the early release of Nelson Mandela and ending apartheid.The Democratic Process Begins Consistent struggle by the ANC forced the government to reconsider its policies and as a result. A series of negotiations were to commence between the ANC and the National Party but before that a demand was put forth by the ANC to the National Party for the release of Nelson Mandela. In February 1985 President P. On 4th May 1990. Similar international pressure in guise of financial. its allies and other political organizations were unbanned.

htm. 5. The government reiterates its commitment to work towards the lifting of the state of emergency. 3. ANC announced suspension of all armed actions by the ANC and its military wing Umkhonto we Sizwe with immediate effect. will be considered on an urgent basis for members of the National Executive Committee and selected other members of the ANC from outside the country. To discuss and advise on norms and mechanisms for dealing with the release of political prisoners and the granting of immunity in respect of political offences to those inside and outside South Africa.sahistory. was accepted by both parties for the release of ANC-related prisoners and the granting of indemnity to people in a phased manner and to report before the end of August.about. Important texts of the Pretoria minutes have been reproduced below: 1. as amended. to enable them to return and help with the establishment and management of political activities.com/od/apartheiddocuments/l/bl-GrooteSchuurMinute.28On 6 August 1990 the South African government and the African National Congress extended the consensus to include several new points in a meeting held in Pretoria which came to be known as Pretoria Minutes.prosecution for returning exiles and the release of political prisoners. The government undertakes to review existing security legislation to bring it into line with the new dynamic situation developing in South Africa in order to ensure normal and free political activities. and prepared the way for the Convention for a Democratic South Africa (CODESA) negotiations.htm 30 http://www. 28 3. 4. 4.org. 2.about. Efficient channels of communication between the government and the ANC will be established in order to curb violence and intimidation from whatever quarter effectively at http://africanhistory. Granting of temporary immunity from prosecution of political offences committed before today. The Government has undertaken to consider the lifting of the State of Emergency in Natal as early as possible in the light of positive consequences that should result from this accord. the ANC will exert itself to fulfill the objectives contained in the preamble. In view of the new circumstances now emerging there will be an ongoing review of security legislation at http://africanhistory. In this context.htm 29 20 .za/pages/governence-projects/constitution/codesa.29 Another critical step taken towards formal negotiations was The National Peace Accord of 14 September 1991 signed by representatives of twenty-seven political organisations and national and homeland governments.30 Some of the important commitment agreed upon between the two parties which came to me known as Groote Schuur Minute are: 1. to assist in bringing violence to an end and to take part in peaceful political negotiations.com/od/apartheiddocuments/l/bl-PretoriaMinute. 2. The final report of the Working Group on political offences dated 21 May 1990.

ninety-two organisations that were united in their opposition to apartheid gathered in Durban to form the Patriotic Front. That is. About 228 delegates from nineteen political parties attended and pledged their commitment to negotiations by signing the Declaration of Intent. Petrus Shabort and Ismail Mohamed as presidi. at the World Trade Centre in Johannesburg presided over by Chief Justice Michael Corbett.The CODESA Negotiations On October 25 1991. which would draft and adopt a democratic constitution. Clear guidelines were put forward on the responsibilities of the interim government. The Front deliberated over the negotiation process. all organisations agreed that an interim government was required to manage the transition. state media. it was not deemed suitable to manage and monitor the transfer of power. At the end of the conference. to take non-partisan control of the security forces. to allow international participation of South Africa in global affairs and to elect a constituent assembly based on a one-person-one-vote basis in a united South Africa. The negotiating parties elected five working groups to deal with under mentioned issues: a) The new constitution 21 . Because the National Party government had a vested interest. CODESA I The first plenary session of the Convention for a Democratic South Africa (CODESA) began on December 21 1991. the electoral process. During the two days of discussion the mechanism and technicalities of transition and a changeover of political leadership were clarified. and define areas of budget and finance.

sahistory.31 However CODESA II was a failure as most of the important issues like the interim government and the constitutions that could not be resolved in CODESA I and were carried forward in CODESA II.htm 22 . The US pleaded with both the ANC and the NP to 31 http://www.b) The setting up of the interim government c) The future of the homelands d) Time period for the implementation of the changes e) The electoral system CODESA 1 played a significant role in laying the foundation for multi-racial discussions. CODESA II CODESA II began on the May 15.za/pages/governence-projects/constitution/codesa. As a result. the South African Broadcasting Corporation.org. 1992 to discuss two major areas viz. and the role of the public broadcaster. The deadlock and thus the failure of CODESA 2 were received with dismay both inside and outside South Africa. the Management Committee declared a deadlock on these issues. The ANC agreed to put a stop on military activities performed by its military wing and The NP reluctantly agreed to the restructuring of the SABC as the ANC felt that a neutral broadcasting body was required to provide fair coverage of the political developments and negotiation process leading up to elections. MK. also could not eventually be resolved. the issue of disbanding the ANC's military wing. CODESA 2 had thus failed.

For the first time the PAC. It convened 26 participating parties comprising political groupings. De Klerk and Nelson Mandela exchanged memoranda and the NP considerably softened its demands. This put considerable pressure on the other parties to agree with the consensus or be left behind.resolve their differences and resume talks. A few months after CODESA 2. They also agreed on a formula for an elected assembly that would serve as an interim parliament and draft a constitution based on principles agreed in prior multi-party negotiations. They made considerable progress and on 26 September Mandela and De Klerk held a summit to sign the Record of Understanding . a Multi-Party Negotiation Process (MPNP) began to pursue the issues that CODESA had failed to resolve. others could either agree to be a part of the process or be left behind. Multi-party Negotiating Process (MPNP) opened at the World Trade Centre. F. the ANC and NP would first reach agreement on a bilateral basis before going to other parties for multilateral negotiation in sum. W. By August 1992. national and homeland government representatives and traditional leaders. This forced most of the parties to cooperate with the ANC and National Party negotiating processes. nominating Cyril Ramaphosa to hold talks with the NP's Roelf Meyer . in future negotiations. Mandela and De Klerk once again made attempts to meet. the ANC had agreed to establish a 'channel bilateral' for maintaining quiet dialogue. They agreed on the principles of an interim government at the national and regional levels empowered by an interim constitution. The formation of the multi-party negotiation process After the Convention for a Democratic South Africa's ( CODESA) collapse. They agreed that to improve efficacy. CP 23 .

shtml 24 .33 32 33 http://www.and Volksunie participated. At the beginning of June 1993. the leadership recognized the killing as an attempt to derail the negotiations. On 18th November 1993. noting the urgent need to reduce violence and inspire broad public confidence in the process and a clear vision of the milestones marking the transition process. most visible of which would be the country's first non-racial democratic elections. The ANC. an extremist group assassinated the popular militant leader Chris Hani . Amidst much debate and fanfare the Plenary minus most of the COSAG group finally ratified the election date. the Negotiating Council adopted a comprehensive package agreement including an electoral act and the interim constitution giving legal basis for the transitional institutions and specifying non-negotiable constitutional principles .sahistory.that became the basis for South Africa's democratization pact.za/pages/governence-projects/constitution/mpnp.32 Shortly after the MPNP began. only the far-left AZAPO and several extreme Afrikaner parties refused to join. the Negotiating Council agreed a new Declaration of Intent. Mandela appealed for calm.org/accord/peace/accord13/samul.htm http://www.c-r. From July to August.org. the Negotiating Council agreed to set the election date for 27 April 1994. To expedite the process. anger and frustration that threatened to engulf the country in protest and violence. the MPNP engaged in intense negotiations over various draft interim constitutions and the structure of the Transitional Executive Council that would be the central governing authority. Amidst the outpourings of grief. NP and other moderate parties realized that they needed to move quickly to reach agreements that could begin to bring home the fruits of the transition.

International Opposition to apartheid & Role of United Nation in South Africa In addition to the constant struggle by the ANC and its allies.Nelson Mandela was sworn in as the new president of the independent South Africa with De Klerk and Thabo Mbeki as deputies. Each voter received two ballots and cast two votes (enabling each voter to choose different parties at the national and the provincial levels). Political parties gained seats in each body proportionally. not an individual candidate. nineteen political parties.us/south-africa/77. The elections were finally held on 27 th April 1994 and the ANC won an overwhelming majority of the votes (62%). http://countrystudies. participated in the electoral process.htm 25 .The Final Elections In the April 1994 national and provincial elections. according to the number of votes each party received. However the Sharpeville incident changed their outlook and for the first time Security Council 34 agreed on concerted action against the apartheid regime. representing the country's diverse constituencies.34 Each party had prepared ranked lists of delegates for the national and the provincial legislatures. and party delegates became legislators based on their ranking on the appropriate list. to represent them in the National Assembly and in the provincial legislature. International opposition and United Nation played a considerable role in bringing an era of apartheid to an end. Voters selected a political party. Until the occurrence of Sharpeville massacre in 1960 most of the countries in United Nation believed that South Africa's racial policies were its internal matter and United Nation had no jurisdiction to look into that matter. followed by the National Party with 20%.

Britain and the United States of America. the United Nations General Assembly passed Resolution 1761. In 1971.un. On 6 November 1962. In 1978 and 1983 the United Nations condemned South Africa at the In November 1962.html http://www. the voluntary UN arms embargo became mandatory with the passing of United Nations Security Council Resolution 418 37 Economic sanctions against South Africa were also frequently debated as an effective way of putting pressure on the apartheid government. because of opposition from South Africa's main trading partners. all key trade associates of South Africa. however.A Chronology at http://www.demanding an end to racial separation and discrimination. a Special Committee Against Apartheid was established to encourage and oversee plans of action against the regime. Economic sanctions.36 In 1977. In 1968. the General Assembly formally denounced the institution of homelands. United Nations and Apartheid. condemning South African apartheid policies. On 7 August 1963 the United Nations Security Council passed Resolution 181 calling for a voluntary arms embargo against South Africa. the United Nations General Assembly passed Resolution 1761.za/un/un-chron. the US and Britain discontinued their arms trade with South Africa.doc. 36 37 35 E S Reddy. it proposed ending all cultural. in memory of the Sharpeville massacre. All Western nations were unhappy with the call for sanctions and as a result boycotted the committee. educational and sporting connections as well.htm 26 .35 In 1966. From 1964.anc.org/News/briefings/docs/2004/afr911.org. In 1962. and a motion was passed in 1974 to expel South Africa from the UN. the UN General Assembly requested that its members sever political. fiscal and transportation ties with South Africa. and in the same year. the UN held the first of many colloquiums on apartheid. a non-binding resolution establishing the United Nations Special Committee against Apartheid and called for imposing economic and other sanctions on South Africa. were not made mandatory. The General Assembly announced 21 March as the International Day for the Elimination of Racial Discrimination. but this was vetoed by France.

or banks. A divestment movement in many countries was similarly widespread. factories. After much debate. trade and economic ties. and 23 other nations had passed laws placing various trade sanctions on South Africa.38 However it cannot be conclusively said that UN was the only force behind South African Independence but it certainly exerted considerable pressure on the apartheid government due to mass international condemnation and severing of cultural. 38 Supra note 36 27 . and a significant divestment movement started. by the late 1980s the United States.World Conference Against Racism. the United Kingdom. pressuring investors to disinvest from South African companies or companies that did business with South Africa. with individual cities and provinces around the world implementing various laws and local regulations forbidding registered corporations under their jurisdiction from doing business with South African firms.

CONCLUSION During my lifetime I have dedicated myself to this struggle of the African people. The man who spent more than three decade behind prison. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. The history also witnessed the massacre of 28 . The peculiarity of racist government in South Africa was that it tried to institutionalize every single piece of apartheid policy it adopted with law as the world knows that apartheid government in South Africa had passed more than 317 apartheid laws that diluted the concept of humanism. It is an ideal which I hope to live for and to achieve. The apartheid policies and measures adopted by the ruling National Party for white dominance were no less. But if needs be. roads etc speak a better story for itself. schools. Mandela finally achieved what he wanted after fighting for numerous years with the racist government through ANC and its military wing Umkhanto We Seize. beaches. not only became a subject of criticism but violated every iota of Human Rights. The µwhites only¶ restaurants. recreation centers. The transition to democracy in South Africa was full of awful events that many a times hit the international headlines. made the apartheid National Government negotiate with him for a prosperous Africa where every person dreams to live in peace and harmony and look towards equal opportunity in every sphere of life without discrimination on the ground of sex. color and race. it is an ideal for which I am prepared to die. I have fought against white domination. the man who spend half of life without his family. The appalling statutes like Groups Area Act and Bantu Education Act were a clear reflection of what the National Government wanted to achieve and establish. which never existed after the pious land of South Africa was colonized. and I have fought against black domination.

interim constitution etc election dates were announced where for the first time Blacks were given the right to vote and choose his man of choice. finally brought it down to the negotiating table with African political parties. The United Nation which finally heard the call of haplessness of South African blacks passed resolutions imposing sanctions to make government reconsider its policies and put an end to the apartheid regime. 29 .Sharpeville and Soweto where hundreds of unarmed Africans were brutally murdered by state police in name of law and order. Meanwhile internal resistance had increased by manifold and became unbearable on the apartheid government. The elections results were expectable with ANC winning 62 percent of the total votes. Mandela was sworn in as the new president of the free South Africa who promised to take South Africa to a new zenith of development and happiness. Mr. shattered the confidence of people of South Africa and ANC which changed its mode of disobedience from peaceful means to an armed struggle after witnessing such harrowing massacres. After series of negotiations with the Klerk government on issues like power sharing.

http://www.at/heritage/history/newSA_mandela.anc.about. http://www.com/library/bl/blsalaws.org/documents/scres.za/ancdocs/speeches/1980s/sp800626.co.htm 30 . http://www.anc.snu.html 11. http://nobelprize. http://countrystudies. London E. http://www. http://africanhistory.infoplease.capetown. http://www.htm 3. http://www.za/show.php?doc=/ancdocs/history/unity.htm 15. Long Walk to Freedom.edu/~dwilliam/f97projects/apartheid/history.to/history/Apartheid/apartheid.php?doc=ancdocs/history/gendocs.htm 13.html 17.htm 9.com/ipa/A0107983. http://www.geographia.htm 10.org/nobel_prizes/peace/laureates/1993/mandela-bio. Mandela Nelson. http://home.za/apartheid_history1.html 19.southafrica.Sources 1.org.html 5.nl/introduction/colonisation. http://www.org.org.info. http://www.southafrica.anc.htm 6.za/aboutsa/history.rebirth.htm 8.com/south-africa/ 7.za/ancdocs/history/mk/rkmk. 1995.org.htm 12.BIBLIOGRAPHY Books: 1.un.html 18. http://www.html 16.southafrica-travel. 1st edn.html 2.us/south-africa/11.htm 14.gov.anc. http://www.htm 4.zuidafrika.info/about/history/history.za/show. New Bay Back Ltd. http://www. http://www. http://www.us/south-africa/2. http://countrystudies.net/history/eh_cala1.

org.za/un/un-chron.htm 26.htm 24. http://www.sahistory.un. http://www.doc.c-r. http://countrystudies. Nelson Mandela Interview on ³Ending Poverty´.sahistory. http://www. http://www.htm 23.20. http://www.org.za/pages/governenceprojects/constitution/codesa.org/News/briefings/docs/2004/afr911.org. ITN Documentary of Nelson Mandela 2.us/south-africa/77. http://www.htm Documentaries 1. 31 .about.za/pages/governenceprojects/constitution/mpnp. http://africanhistory.html 27.anc.com/od/apartheiddocuments/l/blGrooteSchuurMinute.htm 21.sahistory.htm 22.za/pages/governenceprojects/constitution/codesa.org.shtml 25.org/accord/peace/accord13/samul.

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