A new democratic government would promote growth in way compatible with
preserving and protecting our natural environment. All laws and regulations
relating to the emission of noxious waste would be reviewed with a view of its
potentially serious implications for the environment. A future democratic
government would implement OAU resolutions prohibiting the dumping of toxic
waste from abroad.
Our unique natural heritage would best be protected by responsibly harnessing
it in the interests both of local communities and the country as a whole.
4.6 Developing our Human Resources
The success of a national development strategy depends to a considerable extent
on developing our human resources.
A future democratic, non-racial and non-sexist government would need to take
action to correct existing racial and gender inequalities in the workplace. This
would be done not only by legislation but by investing and redirecting resources.
A comprehensive programme of education, training and skills acquisition will
have to be developed for workers in industries and within the state sector. Many
more opportunities need to be created for black people and women to acquire
technical, professional and managerial skills.
Policies of Affirmative Action, favouring black people and women, need to be
promoted both in the public and private sectors. Black women - in townships,
squatter settlements and rural areas - have been particularly discriminated
against and constrained by the labour policies of the state. These disadvantages
have been reinforced by the limitations created by inadequate social services and
power/gender relations within the family. A future democratic, non-racial and
non-sexist state would give top priority to applying affirmative action principles
to black women. A democratic state would seek to correct these gender
inequalities by means of legislation to secure women’s rights. A vigorous
Programme of training will be needed to provide many more opportunities for
women and provision would need to be made for special needs of women in such
areas as ante and post natal care.
The content of all education and training programmes in technikons,
universities, schools and other institutions will need to be critically examined to
ensure that they are appropriate for changing labour market needs and
contribute to affirmative action policies. The general level of education needs to
be raised, particularly literacy and numeracy levels.
The current policy of the state to create employment though deregulation and
privatisation is not a solution. A democratic state would address employment
creation through public works programmes, retraining and by the re-deployment
of resources from apartheid-orientated projects into employment creating
activities. Non-exploitative youth employment training schemes or unskilled and
underskilled youth will be needed and unions and employers should be
encouraged to develop and co-manage training schemes.
Discussion Document on Economic Policy
eceaeeimmeeneeene
ee
- ANC Dept of Economics -
agreements with other countries. Given the wasting nature of our mineral
assets, high priority would need to be given to the creation of resource based
industries which add value to mineral products. In this regard research should
be encouraged to identify areas for minerals beneficiation industries.
Attention would also need to be paid to the demands and needs of mine workers.
Racist labour practices would need to be rooted out and substantial
improvements made in mine workers’ living standards and conditions of work.
The feasibility of creating an inspectorate to police mining health and safety,
mining legislation, transfer pricing and high grading would be investigated.
The ANC is concerned that the current conglomerate control of mining finance is
an impediment to an alternative Strategy for the sector. So too is the current
trend towards privatisation and deregulation which amount to abdicating the
state's responsibility for ensuring that the mineral wealth, which is the heritage
of all South Africans, benefits the nation as a whole. A new government would
need to explore various options in respect of ownership patterns in the mining
industry and, in view of the sector’s Strategic importance for the achievement of
national development objectives, consideration would have to be given to the
nature and extent of state intervention and ownership,
4.4 Promoting Agricultural Development and Land Reform
South African agriculture is in major crisis both in the advanced capitalist sector
3 and the black rural areas. Land distribution is a central national grievance
“ ; while raising agricultural production is vital to the future economic prosperity of
the country,
The ANC has established a land commission to conduct research and mobilise
popular participation in formulating a policy of land reform. Priority in such a
policy should be given to immediately returning to the land those removed from
black freehold land or from plots held under labour tenancy agreements. Beyond
this the aim of policy should be to ensure that those who benefit from a land
reform programme are provided with support to enable them to raise productivity
and output.
A future democratic government would assist and encourage rural producers
engaged in various forms of production, including smallholder production,
cooperatives and joint ventures. It would re-allocate credit facilities, support
services and training programmes according to principles of Affirmative Action;
ensure in particular that such services were provided in such a way that they
positively discriminate in favour of women, who would be guaranteed access to
land credit and training. Labour legislation would be enacted abolishing
backward labour employment practices and farm workers would be encouraged to
join unions. Rural community organisations would also be encouraged,
4.5 Promoting Environmentally Sound Growth
Repairer maNEE Je pry 9 meee yee onomy
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- ANC Dept of Economics - @
The national development policy of democratic, non-racial and non-sexist society
would aim to promote a high employment, high wage, high productivity
economy. Worker organisation would be encourage and organised labour
provided with the facilities and rights to enable it to make its indispensable
contribution to the formulation and implementation of economic policy.
Government policy would seek to empower organised labour and promote greater
industrial democracy.
§. Financing the Reconstruction
While the end of apartheid will undoubtedly create prospects for renewed inflows
of foreign capital, it would be imprudent to rely on injections of resources from
abroad to rescue us from the inherited economic plight. The ANC is of the view
that the main emphasis in financing the reconstruction of the mixed economy
should be placed on domestic savings. Foreign investment (which would be
encouraged - see 8.2 below) should be seen as a supplement to domestic savings
and not as a substitute. Inflationary financing through money creation should be
avoided.
5.1 The Capital Market
Mobilising domestic savings requires a critical examination of the institutions of
the capital market. The current capital market does not sufficiently direct
savings into productive activity or into critical areas of infrastructure. Instead
paper chases paper in a scramble for short term speculative profit. A new
government would need to rationalise and restructure the financial sector and
develop new institutional arrangements for both the primary and secondary bond
markets. This is needed to make them more ordered and orientated towards
meeting broader development objectives.
Current financial deregulation policies and monetarist policies exacerbate the
problems of the present financial system. State intervention and regulation
will be essential to correct these problems. Consideration will also have to be
given to the establishment of new state owned financial institutions as well as to
the transformation of existing bodies in order to direct international and
domestic finance to the critical development needs of the country.
§.2 Taxation Policy
The other crucial mechanism for mobilising savings for investment is taxation
policy. A future democratic state would need to undertake tax reform to make
the taxation system more equitable and effective in many areas. The present tax
burden is carried disproportionately by individuals through both personal direct
taxation and indirect taxation. The ANC supports shifting more of the tax
burden towards corporations (in part by closing loopholes) and applying the
principle of progressive taxation - in which individuals with higher incomes pay
proportionately more. Consideration will also be given to levying capital gains,
wealth and higher estate taxes, particularly where speculative activities were
concerned.
Forward to a Democratic Economy
10
PNED SEE
Pian se &
5.3 Exchange Controis
Exchange control policy would have to be managed in such a way that domestic
savings are retained inside the country and destabilising speculative capital
outflows are avoided. Exchange rate policy will need to be consistent with other
macro economic policies. The present system of exchange controls should be
continued, but modified to respond to changing circumstances and the overall
development objectives of the new democratic state.
6. The Tasks of Government in Reconstructing the Mixed Economy
A future democratic, non-racial government would like any other government
if have the duty to set the general framework within which economic life takes
place and take the lead in promoting a national development strategy to achieve
the objectives identified above. While market relations are an essential
component of a mixed economy, the ANC does not believe that market forces
alone will result in anything but the perpetuation of existing disparities of
income and wealth. The ANC thus envisages a future democratic government
fulfilling this responsibility in the following ways:
6.1 Formulating a National Development Plan
Placing the economy on a new growth path will require government to initiate a
macro economic planning process and to coordinate the contribution of all
: sectors and interest groups. The ANC believes that major attention should be
. paid to involving mass-based organisations in planning the re-construction and
™ ' consulting widely with all significant interested parties. Preference should be
given to incentive measures and to seeking consensus and cooperation in the
implementation of new policies. Commandist or bureaucratic planning methods
will be avoided.
6.2 Using Fiscal Policy as a means of Promoting Growth and Redistribution
The state budget is a major potential instrument of redistribution. A future
democratic government would need to make major changes in the present
patterns of allocation of expenditure items. Significant savings can be made
through eliminating the duplications created by the present racially exclusive
administrative structures. Significant savings can also be made by reducing
expenditure on the security services. Such savings should be used to increase
expenditure on education, health, housing and welfare services, particularly for
the poorest and most deprived members of the community. Existing patterns of
: expenditure for each of these items should also be examined with a view to
redistributing resources allocated to each department in accordance with the
principles of affirmative action.
While the redistribution of expenditure patterns will make a significant
contribution to an initial post-apartheid dividend, in the longer term financing
these services will require increasing tax revenue. Over time economic growth
could be expected to widen the tax base. But a future government will also need
to undertake tax reform (see 5.2). Consideration will also have to be given to the
Discussion Document on Economic Policy
il
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5
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- ANC Dept of Economics - é
use of taxation policy as a means of providing incentives to industrial
development.
Although the state budget can be a major instrument in promoting growth
through redistribution, it will be imperative to recognise the limitations on
what can be achieved in this way. We are aware of the destabilising impact
which major financial imbalances have had on the South African economy and on
re-distribution programmes in other countries. A future democratic government
would need to avoid running up large budget deficits and break from the practice
of the present government of financing budget deficits by large loans.
Appropriate economic stabilisation policies, including monetary and exchange
rate policies, would have to be used in conjunction with fiscal policy to
counter-act any tendency towards macro-economic imbalances.
6.3 Turning the Public Sector into an instrument for Development
The present public sector was established to meet the needs of successive
minority governments. It is orientated towards serving specific sectional
interest rather than the community as a whole and is often characterised by
inefficiency and a bureaucratic style. Yet the public sector can play a vital role in
shifting production towards meeting basic needs. Public corporations operating
in such areas as transport, housing, electricity supply, road construction and
water provision can all provide a major impetus to development through
providing an infrastructural base. Major public works programmes not only
respond to pressing needs, they also have the capacity to generate demand which
through the multiplier effect can provide incentives to many other sectors.
A future democratic government will need to act to transform the public sector
into a vehicle for development. But this does not mean creating large, profligate
public corporations and parastatals. Public corporations should not become
vehicles for the enrichment of large bureaucracies. They will need to operate
within strict budgetary controls and be accountable through democratic processes
to government and people. While it will be essential for public corporations to
operate according to principles of cost efficiency, the experience of South Africa
and other countries shows that when profit maximisation becomes the central
criterion, services are often not provided or provided on a selective basis to poorer
communities and areas. The ANC is thus staunchly opposed to the current
government’s plans to privatise the public utility corporations. These should
remain part of the public sector and any public utilities which are privatised will
be subject to immediate re-nationalisation.
In addition to public utility corporations, it is envisaged that planning processes
for different sectors will lead to the identification of strategic enterprises whose
role is central to the realisation of development objectives. It could be anticipated
that there will be cases where the balance of evidence suggests that it would be
advantageous to have public corporations operating in these areas. In such cases
these would be established by the voluntary or on rarer occasions the compulsory
purchase of existing enterprises or by the establishment of new public ».
enterprises. In all such cases a future democratic government would bear in mind ie
Forward to a Democratic Economy
12
ee
the need to maintain confidence and bind itself to proceeding according to
constitutional] Principles.
6.4 Maintaining High Standards of Economic Management
monetary, exchange rate, tariff and fiscal policy as well as regulation in a
number of fields as potential instruments of overal! development policy, the
assumes office. High standards of financial management and discipline will,
however, be a constant requirement,
6.5 Transforming Local Government into a Vehicie for Development
Local government can become a powerful tool of development. Local authorities
are responsible for the provision of many goods and services as well as for
managing the infrastructure central to realising development objectives, A future
democratic government would, however, need to bring about Significant reforms
in the existing system of local government before it could achieve its potential in
areas into a single local tax base and by applying cross-subsidisation within
metropolitan areas. A future government would foster the establishment of
7. The Role of Civil Society
While a future democratic, non-racial government will have the duty to lead the
testructuring process, other forces in civil society will also have an
indispensable role to play if we are to achieve the goals of promoting Growth
through Redistribution.
7.1 The Trades Unions
The ANC is committed to guaranteeing organised labour a central role in the
formulation and implementation of all economic policy. Organised labour
essential components of a strong civil society, independent of state and political
party, with real economic and other power. To this end existing industrial
relations legislation and practices need to be re-examined in order to guarantee
full rights of workers to organise and participate in collective bargaining. The
Discussion Document on FE conomic Policy
13
ete
a ene ae matte
- ANC Dept of Economics -
scope of the collective bargaining process should also be widened to allow
involvement by trades unions in investment planning.
7.2 Co-operative and Community Ventures
Cooperative and community based projects and ventures of various types have
considerable potential both to produce goods and services needed by the people
and generate employment. But their existence should not provide an excuse for
inaction by government or business. Nor should such ventures be treated in a
paternalistic fashion as mere objects of charity. Rather it needs to be recognised
that the capacity of locally based ventures to contribute towards resolving
problems of poverty and unemployment depends on the environment in which
they have to operate. The ANC ‘believes that a democratic, non-racial
government should actively promote involvement by community-based
organisations both in planning and in the execution of projects of various types.
More resources need to be made available, not only from government coffers but
also by changing the current restrictive practices of financial institutions towards
small scale, community ventures. Support for such projects should, however,
depend on their long term economic viability.
7.3 The Private Sector
Private business has a major role to play in the economy of a democratic,
non-racial South Africa. The ANC believes that a future democratic
government should actively strive to build confidence with the private sector and
encourage maximum cooperation in pursuit of democratically defined
development objectives. The placing of the economy on a new growth footing and
the ending of international isolation will create many new opportunities for the
expansion of the private sector.
At the same time, the ANC is concerned about a number of features of the
currently existing private sector, which remains profoundly marked by its
origins in apartheid society. These include:
* First, the gross under-representation of black owned businesses and of black
people in senior managerial positions. Only about 2% of the total assets of the
private sector are owned by black people while over 90% of top managerial
positions remainin the hands of whites.
* Second, the extreme centralisation of economic power in conglomerate hands.
Over 80% of the shares traded on the Johannesburg Stock Exchange are
controlled by four large conglomerates, which together dominate the vast bulk
of production, distribution and exchange. This not only represents a massive
concentration of power in the hands of the 1.000 odd white males who
comprise the controlling boards of these companies, the conglomerate structure
is in our view detrimental to the achievement of balanced economic growth in
the interests »f ail the people of South Africa.
A democratic, non-racial government would be obliged to address itself to both
issues. [t would swek to promote greater participation by black owned business
Te eR REE PREP UT” PONT
Forward to a Democratic Economy
14
ome SE lel iaadid de bikin: b> coil
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fi “ ‘ * * d
8. Externai Economic Relations
8.1 Basic Principles
will investigate the potential advantages of becoming members of international
organisations and actively promote cooperation with al] countries on mutually
8.3 The Southern African Region
Significant opportunities will exist for a democratic, post-apartheid South Africa
to expand its economic relations with its neighbours in the African continent
not be exploitative and which will correct imbalances in current relationships.
The new state must be prepared to enter into negotiations with its neighbours to
Promote a dynamic and mutually beneficial form of co-operation and
development. While all of us stand to benefit from such an arrangement, it
Discussion Document on Economic Policy
15
|
RYANAIR AAPOR SATII CNMI YSU ENA TS TIVERTON CERIN HO EAN ape ye
70S i anttaiceren ee mem eneen eae
RE Nee ce vill itincinttee
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- ANC Dept of Economics -
should be recognised that creating a new non-exploitative form of regional
cooperation will require prioritising the interests of the most impoverished of our
neighbours in certain areas, according to basic principles of affirmative action.
FORWARD TO A DEMOCRATIC ECONOMY!!
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F d to a Democratic Economy
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‘AFRICAN NATIONAL CO
Observer Mission to the United Nations
AFRICAN NATIONAL CONGRESS (ANC) PROPOSAL: BODY AND
PROCEDURES FOR DRAFTING A CONSTITUTION
The ANC proposes that:
1. The Constitution be drafted and adopted by a bady to be elected
principle of universal franchise.
2. This body (which in this document will be called the Constituent
inclusive as possible. |
3. All persons over the age of eighteen (18) living within the 1910 7
international law as South pe ng shall be entitled to vote. .
4. The system of proportional representation shall be used.
5. The Constituent Assembly (CA) shall consist of four hugdred
& steering committee which will lay down its procedures, a
6. The Constituent Assembly shall elees from its own 1 an
commission consisting of 40 st work under its
7, Decisions at the Constituent b shall be by at
8. The Constituent Assembly shall be ¢ bli
CODESA (Convention for a re
not contradict such principles.
9. The Constituent Assembly shall appoint an ind
of nine respected, representative and competent
the application of clauses submitted to it by me: nt
10. Functioning within the above framework, the Cor titue
entrusted with sovereign powers to draft and put into ¢
constitution for South Africa, Towards a Democratic and A,
Making Body (CMB).
‘South
1. THE NAME OF THE CMB
We prefer the term Constituent Assembly. This is the one most widely used internationally.
It indicates that what we are doing is constituting a new South Africa out of the old, and
that we function not as self-appointed individuals but as representatives sitting in solemn
assembly with a proper mandate and appropriate procedures. The name in itself is not
crucial. We could it the Congress, after the body which drafted the first great modern
Constitution - that of the USA. What matters is how it is chosen and how it ons, not
who first came up with its name.
2. THE BODY MUST BE CREATED AND MUST FUNCTION IN A
Since the objective is to install democracy in South Africa, the body must
democracy. At the heart of democracy lies the question of choice and
elections there can be no democracy. i
CODESA has a vital but limited function, namely, to create |
of a new A ayy ta not to draft a new nar e - if. 7
is appropriate to its function, which is essentially that of negotl
from apartheid to democracy. The broad support that it
democratic character derives from acceptance of its limit
the foundation for the process of drafting a new constitutic
completed. Should it attempt to perpetuate itself and us
up to create, CODESA will lose its prestige.
No one who genuinely supports democracy can fear ele
myths are destroyed, there can be no justification for ¢
of democracy. Are we to say that elections are only ge
blacks in other countries ? Are we to back democracy
and deny it in our own land ?
The dream of the oppressed majority in this
participation as ordinary South Africans in electic
National Convention that preceded the 1910 Cor
for a whites-only convention. That ugly beginnis |
expunged by non-racial elections for a non-ragial con
historical healing role to play in our country. They are
independence from which the majority were excluded in.
citizenship has at last arrived for all.
an
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Elections will be proof that we really are in a new South Africa. They will signal a
compelling verte supp of our common South African-ness. They will open the way
to the development of a genuine and generous national vision, and encourage a sense of
shared responsibility for the country’s future.
When we say that it is elections that give the constitution-making proceedings legitimacy,
we accordingly refer not just to formal international and internal legitimacy, but to
subjective and moral legitimacy in the hearts of our people.
It might be difficult for those who take elections for themselves for granted to understand
what it will mean to those who have been permanently excluded from the electoral
to at last have a chance to stand up and drop their ballot slip into the ballot box. What the
voters will be asked to decide is who they wish to represent them in the body which drafts
the constitution. By voting they identify actively with the whole process and hence také
responsibility for its outcome.
There will be direct nexus through the elected representatives between each
final product. .
unfortunately, at present separates the general South Affican pu
Elections will be the first step in an open and public process. The
~~ entitled to ae at each step cacy wat peing dor
name. Compromises openly struck, honestly agreed to for pu >
frankly explained, have a much greater chance of being 308
terms of secret agreements behind closed doors. The elect
and accountability. It places the before the
because they know that their opinions can make a
;
The publi
! G¥ISL + 28eR =P ShbOL JeTdODe10! KOMSK =A INAS
C Hil
There is the added problem of persons being compelled to vote in favour of a constitution
with which they might not agree, simply because to continue with the present racist
constitution would be a greater evil,
All the practical problems and inconveniences said to relate to elections for a Constituent
Assembly would apply to the holding of a referendum.
The arguments against the CMB being elected
The case for elections in the modern world is so strong that only someone very cut off from
contemporary thinking would argue against it. As we understand it, none of the particips
in Working Group 2 are actually against elections in principle. Nae
Certain participants have, however, raised queries about the fe sibility |
current conditions or about the desirability of granting what they cai }
an elected constituent assembly. It would be tO suggest
to elections because they fear that they themselves will not fare ¥
in apartheid structures and are left to the mercies of the electorate.
the arguments on their merits. | y ;
ye ym
(i) Violence
The first point made is that there is too much violence in the cou .
be held, and that elections would only encourage further vi
is meant to express a fear and not to convey a threat),
The danger of this argument is that if the existence of viols
net bolde cholate haoeke te el in
maintaining the level of violence.
viride ts a ek i rca
provide an orderly and publicly supervised manner in +
leadership can be conducted. It will serve not as a source
to it. abe"
The turning point in Namibia from a state of severe
was the holding of elections for the Constituent Ass
(Constituent Assembly) there conducted its by
5 ath A,
. QPIGL $ ZOme <P tutde a8 - MOWSX 1A LNIS
9 Ril
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What we should be concerned about is not the fact of holding elections, but how to ensure
that voters are free to exercise their choice and that they are well-informed when doing
so. Elections are held precisely so that different ideas can compete. The stronger the
competition, the greater the need for elections.
" ig¢m" | oF a 2 ;
(ii) "Simple Majoritarianis a ON er a
» j {re
The second argument against having the constitution drafted by an elected Constituent
Assembly is that this would amount to giving a blank cheque to an electoral majority
without respecting the rights and interests of rities. The term “majoritarianism" is used
in this connection as though somehow it is inherently evil. Add the adjective ' simple"
it becomes even worse. —
ig
This approach comes badly from people who hold office on the basis either i ne
at all or of elections based on principles of simple majoritarianism, fs
If the present government were to resign because it has been chosen by.
majoritarianism (times three), then its moral position as an opponent of ma
indeed be powerful. The same would apply if it were to impugn the valid
referendum on the basis of its simple majoritarian nature, or to eny @
legislation passed since Union in 1910; with one en ae laws wi
the approval of a simple majority of Members of who in turn
on the basis of simple majority (or less) of voters. an
The Presidents of France and the USA as well as the Prime M
Kingdom and India have all been elected on the basis of “simple r
One cannot escape the conclusion that the
advanced not so much because of the principle
whom the majority will be. Put simply, "si pig Maajc
whites for 82 years, but will not be good enoug
promise to vote for the esently in office,
might re-assert themselves, The irony of the situation is that
believe that the-principle of free elections and AJOTHY
we do not support what has been called simple major
have never benefitted from the Westminster system of government in.
a much stronger claim to opt for a different system than those who
advantaged by it.
There are at least three major respects in terms of which our prog
is called simple majoritarianism.
~ : L0:SL : 76-8 9 :L10L JOTeaoOr ay. “TA ANSS
f Mot
More than 15 months ago, the ANC declared its support for the system of proportional
representation. We did so for two basic reasons (in addition to the usual ments).
In other words, a relatively large body would more easily accommodate the diversity of the
South African nation than would a small one. We are of the view that it would be of great
advantage for individuals and communities to feel that they are directly represented at the
CA through persons they know and who will be able to report back and explain the
proceedings to them.
It would not, of course, be necessary for the CA to work all the time in plenary. Our
proposals for a drafting commission are set out below. This commission would be relatively
small in size and would be responsible for the day-to-day technical out of the
wishes of the CA in relation to establishing draft terms for the new tion,
A CRITICAL INTERPOLATION ON THE PROPOSAL FOR AE
tA +«€. Coe Mint hahnnten t+ Baidadet hk, ha
One of the participants has made the proposal, apparently seric
bicameral body. We are unaware of any t anywhere in
procedure. Indeed, it seems to represent the kind of ele
functions of a CMB and those of a legislature, that would
science student. These are clear, democratic and manifestly
Constitution will emerge from an all-inclusive CA seeking co
will be basically acceptable to all South Africans. Why create 4
monstrous Second House when manifestly legitimate and inte
of achieving the same result are available? ae
We feel that constructing two Houses on the basis of
the majority and minorities, and then setting them against
is designed to maximise rather than reduce differences. —
It will encourage reci
Sensitivity to the wishes of the minority ¢ hieved by in the feelings
of the majority. The upper House will come generally to oe | | a
Already we hear the mocking phrase: “simple minoritari:
system of DR (Disproportionate Representation). How in
a process be that nullifies the wishes of or ghty p
inclusive is the process if the third of the tion I
from it? What we need are not two houses at em
antagonistic towards each to her, but a single, aulti-fa
in all its variety and seeking to establish fair ground rules:
that South Africa belongs to all who live in it.
LOSS | 2666 oe thhO, seTdene
101i WOM :A8 INAS
Q ait
This ad hoc and constructed bicameralism will be seen by the majority of South
Africans and by the world at large as a reminder that the cadaver of apartheid stil] rules
from the grave into which it was said to have been cast. The racial group rights idea at least
had the sine of honesty, declaring in effect that some people were inherently different
Deadlock is built as a mathematical inevitability. The defensible principle of regional
representation, and, possibly of over representation in favour of poor regions, is undermined
by the principle of minority groups in the region ending up with more itation than
the regional majority. Everything is brought into disrepute: elections, conse
rights, even true bicameralism itself.
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4. SOME PROCEDURAL ELEMENTS
The Drafting Commission
The drafting of the Namibian Constitution was considerably
by the CA of a drafting commission from its own ranks, Upp
legal advisors from outside. We propose that the CA for §
commission of approximately 40 ge from its own ranks.
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would chair sessions, It would attempt to achieve consensus wherever possible, but if an
issue were to go to a vote, a simple majority should suffice.
The Drafting Committee, on the other hand, should take its decisions by a two thirds
majority. It may submit majority and minority reports to plenary sessions
If a dispute arises in this committee or at the CA as to whether an agreed general principle
has been ignored or contradicted, the problem should be referred to the steering committee,
and if the steering committee in turn is unable to find a solution satisfactory to all, the issue
Shall be sent to the Constitutional Panel.
THE CONSTITUTIONAL PANEL
The Constitutional Panel would consist of nine persons selected
integrity, representiveness and competence by the CA. We prope se
en bloc, with a vote of at least 80% in favour of the panel as a w é
with procedures in European countries where the Constitutional
Parliament.
The members of the Panel would not be members of the CA a
in their functioning. They would entertain petitions by the St
least 15% members of the CA, in misao uk oaee draft
contradicts or fail to enshrine ge a said erst agreed to at C
be called upon to verify that the Cons son Say doped
did not contradict these principles.
The decision of the Panel shall be final and not cule Ss
ordinary courts. While there are
the court system as such is seen by the
apartheid government which appointed | og
Many outstanding lawyers have in fact refused to serve as
1 out of approximately 150 judges is not white, and
racialism and nos-gexism arose, it would be manifestly in
by all-white and all-male bodies.
In any event, the procedures and time frames of the ord
totally to impede the r functioning of the CA. Decisia:
taken swiftly so as to enable the constitution-drafting p
The Panel will in fact function very much along
Constitucione! which decides on — of the c :
submitted to it from Parliament, and which enjoys considerable
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DECLARATION OF INTENT
We, the duly authorised representatives of political parties, political organisations,
administrations and the South African Government, coming together at this first
meeting of the Convention for a Democratic South Africa, mindful of the awesome
responsibility that rests on us at this moment in the history of our country,
declare our solemn commitment:
I. to bring about an undivided South Africa with one nation sharing a common
citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom,
equality and security for all irrespective of race, colour, sex or creed; a country
free from apartheid or any other form of discrimination or domination;
2. to work to heal the divisions of the past, to secure the advancement of all, and
to establish a free and open society based on democratic values where the
dignity, worth and rights of every South African are protected by law;
3. to strive to improve the quality of life of our people through policies that will
promote economic growth and human development and ensure equal opportunities
and social justice for all South Africans;
4. to create a climate conducive to peaceful constitutional change by eliminating
violence, intimidation and destabilisation and by promoting free political
participation, discussion and debate;
i to set in motion the process of drawing up and establishing a constitution that
will ensure, inter alia:
a. that South Africa will be a united, democratic, non-racial and non-sexist
state in which sovereign authority is exercised over the whole of its
territory;
b. that the Constitution will be the supreme law and that it will be guarded
over by an independent, non-racial and impartial judiciary;
c. that there will be a multi-party democracy with the right to form and join
political parties and with regular elections on the basis of universal adult
suffrage on a common voters roll; in general the basic electoral system
shall be that of proportional representation;
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COMENTION FOR 4 DEMOCRATIC SOUTH APRIL
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d. that there shall be a separation of powers between the legislature,
executive and judiciary with appropriate checks and balances;
e. that the diversity of languages, cultures and religions of the people of
South Africa shall be acknowledged;
f that all shall enjoy universally accepted human rights, freedoms and civil
liberties including freedom of religion, speech and assembly protected by
an entrenched and justiciable Bill of Rights and a legal system that
guarantees equality of all before the law.
We agree:
a that the present and future participants shall be entitled to put forward freely
to the Convention any proposal consistent with democracy.
2. that CODESA will establish a mechanism whose task it will be, in co-operation
with administrations and the South African Government, to draft the texts of all
legislation required to give effect to the agreements reached in CODESA.
We, the representatives of political parties, political organisations and administrations,
further solemnly commit ourselves to be bound by the agreements of CODESA and in
good faith to take all such steps as are within our power and authority to realise their
implementation.
SIGNATURE(S) REPRESENTING
African National Congress
i ied Bophuthatswana Government
-et Y¥éy Ciskei Government
y Democratic Party
Dikwankwetla Party
11 Inkatha Freedom Party
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AGREED TERMS OF REFERENCE FOR WORKING GROUPS FOR
1.1
1.1.1
CODESA
WORKING GROUP 1
FIRST ASSIGNMENT
Creation of a climate for free political participation.
Terms of Reference
WHEREAS the parties at Codesa have committed themselves to the terms and objectives
set out in the Declaration of Intent as amended from time to time
AND WHEREAS it has been nationally and internationally recognised that a climate for
free political participation is an essential element of the transitional phase towards and in
a democratic South Africa
AND WHEREAS democracy requires that all the participants in the political process
should be free to participate in that process without fear and on an equal footing and on
a basis of equality with the other participants
IT IS RECORDED that the terms of reference of the Working Groupon the Creation of
a Climate for Free Political Participation shall be as follows:
To investigate and report upon ail proposals and make recommendations with regard to
the actions needed to be taken to foster and establish in South Africa a climate in *#hich
all individuals and organisations can participate freely, without interference or
intimidation, in ail political activity and, in particular, in the processes leading up to the
introduction of a new constitution
1.1.2 To identify the key issues and problems that need to be addressed.
1.1.3 To identify of areas of commonality and aspects where agreement already exists det seen
participating delegations.
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1.1.4 Specifically, but without vitiating the generality of the above, to consider whether and
how the following issues should be addressed:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(o)
(p)
(q)
the finalisation of matters relating to the release of political prisoners and
political trials;
the return of exiles and their families:
the amendment and/or repeal of any remaining laws militating against free
political activity, including the elimination of all discriminatory
legislation;
political intimidation:
the termination of the use of military and/or violent means or the threat
thereof of promoting the objectives/views of a political party or
organisation:
political neutrality of, and fair access to, State-controlled/statutorily
instituted media (particularly the SABC and SATY), including those of the
TBVC states:
the successful implementation of the National Peace Accord;
the prevention of violence-related crime and matters giving rise thereto;
the composition and role of the security forces in South Africa and the
TBVC states;
the funding of political parties;
the fair access to public facilities and meeting venues;
the advisability of statutory provisions guaranteeing equal opportunity for
all parties to establish and maintain their own means of mass
communication;
the need for an improvement in socio-economic conditions:
the fostering of a spirit of tolerance amongst political parties;
the role of intensive and continuous educative and informative campaigns
in respect of political tolerance, the working of democracy and the
processes of Codesa:
the advisability of fair and reasonable access for political parties to ail
potential voters, wherever they may reside;
any other matters which the working group may consider relevant to its
brief.
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2.1
2.1.1.
2.1.2
2.1.3
SECOND ASSIGNMENT
Role of international community.
Terms of Reference
WHEREAS the parties at Codesa have committed themselves to the terms and objectives
set out in the Declaration of Intent
AND WHEREAS the validity and acceptability of the process of transition and the
outcome thereof internally and internationally, will depend on an open and fair process
providing for full and effective participation of all South Africans
IT IS RECORDED that the Working Groupon the Role of the International Community
shall have the following terms of reference:
To investigate, consider and report upon all proposals and make recommendations with
regard to the role that the international community and/or organisations could be asked
to play in the formal or informal processes involved in the period leading up to the
introduction of a new constitution for South Africa.
To identify the key issues and problems that need to be addressed.
To identify areas of commonality and aspects where agreement already exists between
participating delegations.
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1.1.2
1.1.3
2.
2.1
WORKING GROUP 2
FIRST ASSIGNMENT
General Constitutional Principles.
rm Lal
WHEREAS the parties at Codesa have committed themselves to the terms and objectives
set out in the Declaration of Intent as amended from time to time
IT IS RECORDED that the Working Groupon GeneralConstitutional Principies shall have
the following terms of reference:
To investigate and report upon all proposals and make recommendations with regard to
general constitutional principles which should be enshrined in and not contradicted by any
other provisions of a new constitution, provided that the present and future participants
of CODESA shall be entitled to put forward freely to this Working Groupany proposal or
matter consistent with democracy for discussion, consideration and recommendation.
To identify the key issues and problems that need to be addressed.
To identify areas of commonality and aspects where agreement already exists between
participating delegations.
SECOND ASSIGNMENT
Constitution-making body/ process
Terms of Reference
WHEREAS the parties at Codesa have committed themselves to the terms and objectives
set out in the Declaration of Intent as amended from time to time to the establishment of
a democratic South Africa. enjoying internal legitimacy and international acceptance
AND WHEREAS it has been agreed that a Working Groupon the constitution~- making
body/process shail be appointed by Codesa in order to formulate proposals and make
recommendations on the appropriate body/ process to draft a new constitution for South
Africa
IT IS RECORDED that the Working Groupon a constitution ~ making body/ process shall
have the following terms of reference:
1.1
Lt.d
1.1.2
p |
WORKING GROUP 2
EIRST ASSIGNMENT
General Constitutional Principles.
Terms of Reference
WHEREAS the parties at Codesa have committed themselves to the terms and objectives
set out in the Declaration of Intent as amended from time to time
IT IS RECORDED that the Working Groupon GeneralConstitutional Principles shall have
the following terms of reference:
To investigate and report upon all proposals and make recommendations with regard to
general constitutional principles which should be enshrined in and not contradicted by any
other provisions of a new constitution, provided that the present and future participants
of CODESA shall be entitied to put forward freely to this Working Group any proposal
or matter consistent with democracy for discussion, consideration and recommendation.
To identify the key issues and problems that need to be addressed.
To identify areas of commonality and aspects where agreement already exists between
participating delegations.
SECOND ASSIGNMENT
Constitution- making body/ process
Terms of Reference
WHEREAS the parties at Codesa have committed themselves to the terms and objectives
set out in the Declaration of Intent as amended from time to time to the establishment of
a democratic South Africa, enjoying internal legitimacy and international acceptance
_ AND WHEREAS it has been agreed that a Working Groupon the constitution~ making
body/process shall be appointed by Codesa in order to formulate proposals and make
recommendations on the appropriate body/ process to draft a new constitution for South
Africa
IT IS RECORDED that the Working Groupon a constitution-making body/process shall
have the following terms of reference:
2.1.1 To investigate and report upon all proposals and make recommendations with regard to
an appropriate constitution-making body/process.
titution = in .
2.1.2 Toidentify the key issues and problems that need to be addressed.
2.1.3 To identify areas of commonality and aspects where agreement already exists between
participating delegations,
2.1.4
titution- maki .
Specifically, but without vitiating the generality of the objective, to consider:
(a)
(b)
{¢)
(d)
(e)
(f)
(g)
to make recommendations to Codesa regarding the process through which
a new constitution may be formulated;
how far the process can be taken by Codesa itself;
at what stage a special constitution-making body, if any, should be
constituted;
the role of referenda, if any, in the constitution-making process:
legislative and administrative steps that may be required to reinforce the
constitution-making process;
the method of transferring constitutional authority to the new constitution
and its structures at national, regional and local level;
any other matters which the working group may consider relevant to its
brief.
2.1.5. In respect of a constitution-making body:
In the event of it being recommended that there be a special constitution: making
body, then specifically, but without vitiating the generality of paragraph 2.1.1. is
to be considered:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
its composition
its legal status
its authority including limitations eg principles, procedures, etc ‘nat may
have been agreed previously
its method of functioning
the status of its decisions
should it be an elected body, the appropriate electoral process
_ any other matter which the working group may consider relevant :o its
brief.
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1.2
1.3
WORKING GROUP 3
ASSIGNMENT
Transitional arrangements/interim government/transitional authority.
Terms of Reference
WHEREAS the parties at Codesa have committed themselves in the terms set out in the
Declaration of Intent as amended from time to time
AND WHEREAS it has been agreed that a Working Groupof Codesa should be appointed
to consider the issue of interim government/transitional arrangements/transitional
authority
IT IS RECORDED that the Working Group on transitional arrangements/interim
government/transitional authority shall have the following terms of reference:
To investigate, canvass all possibilities and their application and report upon all proposals
and make recommendations with regard to the manner in which the country may be
governed and managed until the introduction of a new constitution.
To identify the key issues, processes and problems that need to be addressed.
To identify areas of commonality and aspects where agreement already exists between
participating delegations.
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ASSIGNMENT
Future of TBVC states.
Terms of Reference
WHEREAS the parties at Codesa have committed themselves in the terms set out in the
Declaration of Intent as amended from time to time
AND WHEREAS the parties recognise the need to provide for the meaningful and
democratic participation, of all the people living in the TBVC states in the process of
drawing up and adopting a new constitution for South Africa as well as in all possible
transitional arrangements
AND WHEREAS the reality of the current existence of a number of separate but parallel
institutions such as different administrations, civil services, armed forces, police forces
and judiciaries as well as differing laws in certain instances which presently exist in South
Africa, and the TBVC states; calis for a re-evaluation of this situation
AND WHEREAS in the event of re-incorporation the need to ensure that the lives and
livelihood of people in the affected territories shall not be subjected to any unnecessary
disruption
IT IS RECORDED that the terms of reference of the Working Group on the future Re-
incorporation of the TBVC states are as follows:
1.1.1 To investigate and report upon all proposals and make recommendations with
regard to the relationships between South Africa, the TBVC states and the people
of those states under a new South African constitution.
1.1.2 To identify the key issues and problems that need to be addressed,
1.1.3 To identify areas of commonality and aspects where agreement already exists
between participating delegations.
1.1.4 Specifically, but without vitiating the generality of the above to consider whether
and how:
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(a)
(b)
(¢)
(d)
(e)
(f)
(g)
(h)
to make recommendations to Codesa regarding the manner in which the
constitutional status of the TBVC states may be affected by the outcome
of negotiations within the framework of Codesa;
the desirability or otherwise of the re-incorporation of such states;
testing the will of the people concerned regarding re-incorporation or
otherwise, of the TBVC states, by acceptable democratic means;
Strategies to keep the people of the TBVC states fully informed, especially
to avoid unfortunate misunderstandings:
the retention of business confidence, particularly in relation to existing
investments in the TBVC states;
land transfers by South Africa to these states;
citizenship;
any other matters which the working group may consider relevant to its
brief.
If re-incorporation is decided upon in respect of any TBVC state, matters that will
need to be addressed include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
({n)
(o)
proposals for the re-incorporation into South Africa of a TBVC state;
consider the question of transitional arrangements in those states which
want to be incorporated;
the time frames for such a re-incorporation and related processes;
disposal/transfer of assets of TBVC governments;
optimal use of existing infrastructure:
review of development project priorities;
good administration during transition;
the formulation of appropriate measures and steps to be taken to ensure
that in the process of re-incorporation of a TBVC state, interruption or
disruption in administration and the rendering of services and in the daily
lives of people in the affected areas are reduced to an absolute minimum:
consider future of civil service in such states;
the exact form of authority in the TBVC territories;
harmonisation of legislation and taxation;
orderly termination of bilateral and multilateral agreements and treaties:
servicing and repayment of TBVC state debts;
ensuring public accountability of actions taken for the purposes of re-
incorporation;
the identification of specific constitutional, legal and political measures
and steps which will have to be taken to effect re-incorporation.
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1.1
WORKING GROUP 5
ASSIGNMENT
Time frames and implementation of Codesa's agreements.
Terms of Reference
WHEREAS the parties at Codesa have committed themselves in the terms set out in the
Declaration of Intent as amended from time to time.
AND WHEREAS it is necessary to record agreements which are reached at Codesa and to
implement such agreements and. accordingly, to prepare in draft form the documentation
which is required for effect to be given to such agreements
AND WHEREAS it has been agreed that a Working Groupon the Implementation of
Agreements/Decisions shall be appointed by Codesa to identify the steps which need to
be taken by the parties to Codesa
AND WHEREAS it is desirable to advise on the possible time frames and target dates
atl
IT IS RECORDED that the terms of reference of the Working Groupon time frames and
the implementation of Codesa's agreements/ decisions are as follows:
1.1.1 To investigate and report upon all proposals and make recommendations with
regard to appropriate time frames and target completion dates for ail of the
processes and assignments being undertaken by Codesa, its working groups and
other bodies created as a result of agreements/decisions of Codesa.
1.1.2 To identify the key issues and problems that need to be addressed.
1.1.3 To identify areas of commonality and aspects where agreement already exists
between participating delegations.
1.1.4 Specifically, but without vitiating the generality of the above, consider whether
and how to address
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