Topic 5: The road to democracy in South Africa and coming to terms with the past 1 How did South Africa emerge as a democracy from the crises of the 1990s, and how did South Africans come to terms with the Apartheid past?

Background and focus Debates around the negotiating process between the ANC and the NP government. The stalemate in the struggle (end of Cold War). The compromise on both sides. The need for negotiations – team effort on both sides. Choices made in the process coming to terms with the past. 2

The negotiated settlement and Government of National Unity 3 FREE AT LAST: Nelson Mandela is released from prison on 11 February 1990 after 27 years of imprisonment, the majority of which was spent on Robben Island. He raises his fist with his then wife Winnie Mandela and some of his ANC comrades. The beginning of the solution Unbanning of organisations, release of political prisoners

Start of negotiations CODESA 1- December Formal negotiations began at The Convention for a Democratic South Africa (CODESA). CODESA I was preceded by three key meetings between the South African government and the ANC to prepare the way: - 4 May 1990: Groote Schuur Minute - 6 August 1990: The Pretoria Minute - 14 September 1991: The National Peace Accord was signed by representatives of twenty-seven political organisations as well as national and homeland governments.

Start of negotiations continued They pledged themselves to work together to achieve greater tolerance. The police were reminded of their duty to protect the people of South Africa irrespective of race, religion, political affiliation and gender. 5

Whites only Referendum In the period between CODESA I and CODESA II in early 1992, the National Party lost three by- elections to the Conservative Party. De Klerk announced a 'whites only' referendum to test white opinion on reform and negotiations. The result of the referendum was a landslide 'yes'. De Klerk had the mandate he needed. De Klerk could no longer use the excuse of white conservative opinion to procrastinate in moving towards a non-racial election. 6

Ongoing violence 17 June 1992 – Boipatong Massacre – Members of Inkatha allegedly attacked hostel dwellers. ANC walked out of the negotiation process. Breakdown of negotiations at CODESA II. The ANC took to the streets with a programme of ‘rolling mass action’. 7

On going violence continued On 7 September 1992, a crowd of about people gathered in Bhisho to protest against the Ciskei ‘homeland’ government of Brigadier Oupa Gqozo. Ciskeian troops and the South African Defence Force opened fire on unarmed protesters, killing 28 people. 8

The Record of Understanding: September 1992 Following the collapse of CODESA II, behind the scenes talks between the ANC and the NP became the main channel for the process of negotiations. The two key negotiators were Cyril Ramaphosa of the ANC, and Roelf Meyer of the National Party. The government agreed to: - Release more political prisoners. - Erect fences around migrant worker's hostels. - Ban the carrying of 'traditional' weapons. CODESA ended and MK was disbanded. 9

Multiparty negotiation process resumes Formal multi-party negotiations resumed. Murder of Chris Hani – April Significance to the process of negotiation. Date of elections set.

Government of National Unity Joe Slovo (SACP) suggested a 5 year Govt of National Unity (GNU) a ‘power sharing’ compromise. The GNU would include all parties which obtained over 5% of the vote in democratic elections for the first five years. This meant that the National Party was sure to be included. The term 'sunset clause' was used for this compromise. 11

Violence continues AWB invasion of World Trade Centre – June 1993 St. James Massacre - During the Sunday evening service on 25 July 1993, a group of APLA cadres attacked the St. James Church in Kenilworth. Using grenades and AK-47s, they killed 11 members of the congregation and wounded 58. Killing at the Heidelberg Tavern - An attack on the Heidelberg Tavern took place in Observatory, Cape Town in December

Final road to democracy In November 1993 an Interim Constitution for South Africa was agreed upon. March Shell House Massacre - IFP members killed by ANC security forces. Freedom Front and the IFP join elections. The Government of National Unity – oversee a new constitution. 27 th April 1994 South Africa’s first democratic elections. 13

How has South Africa chosen to remember the past?

Background and focus Debates around the negotiations process between the government and the ANC The need for reconciliation The context of violence that threatened the negotiating process and the success of the negotiations

Reasons for the TRC Various forms of Justice Restorative vs Retributive Justice Restorative (healing, and addressing the injustices of the past) – TRC Retributive (punishment for criminal behaviour) and Nuremberg Trials

Debates concerning the TRC Positive aspects of TRC The TRC's rationale assumed South Africa to be deeply divided, and in need of healing - not through a forgetting of the history of division, but through formal engagements with that history. The TRC was, then, a key instrument in South Africa's endeavour to find a post- apartheid reconciliation. 17

Debates continued The significance of the TRC is related not only to memory of the past but also to the contribution to memory of South Africa's transition to democracy. Future historians of the transition will find the story of the TRC looming large. The records of the TRC are as important a memory resource as the records of the past which it has both reclaimed and generated. 18

Negative aspects of TRC It has been suggested that its focus on gross human rights violations within a specific period contributes to a skewing of social memory. Its processes of selection and interpretation have been critiqued. It has been accused of political bias. Many of its findings have been questioned. The concept of amnesty has been challenged, and specific amnesty decisions rejected. 19

Negative aspects cont. Its work of reparation and rehabilitation has been found inadequate. Its contribution to reconciliation has been questioned. These are important debates. Important at many levels, not least in terms of their potential contribution to processes of reconciliation. 20

South Africans finding one another, not by forgetting (in this instance, the work of the TRC), but by remembering and imagining a way forward. It is crucial, then, that space be provided for these debates. Part of this space is constituted by the archive of the TRC. Every interrogation of its work will rely ultimately on access to records of the TRC and about the TRC. 21

Amnesty provisions and problem with amnesty Perpetrators were to apply for amnesty in relation to each of their offences, provide a full disclosure, and prove that their actions were politically motivated. Many applicants for amnesty had already been convicted through the courts and were in jail when they applied for amnesty. Many others were, however, still free, having not yet been convicted. 22

Amnesty continued Perpetrators who did not apply for amnesty faced possible prosecution. The only serious incentive to participate in the amnesty process for those who had not been convicted was the threat of prosecution. The amnesty process was one that was generally accepted by survivors and society more broadly. 23

Focus on Human Rights in the 1980s Human Rights Violations Committee: The violation of human rights through – (a) the killing, abduction, torture or severe ill- treatment of any person; or (b) any attempt, conspiracy, incitement, instigation, command or procurement to commit an act of violence. 24

Political Parties and their responses The ANC wanted ‘justice’. This probably would have taken the form of prosecutions along with reparations and other efforts. The former apartheid government wanted collective amnesty. The Truth and Reconciliation Commission became the creative means for responding to both needs. 25

The Final Report of the TRC The report of the Truth and Reconciliation Commission (the Commission) consists of five volumes, each with a particular focus. Volume 1: It provides the basis and rationale for the work of the Commission Volume 2: addresses the commission of gross violations of human rights on all sides of the conflict 26

The Final Report of the TRC Volume 3: Addresses gross violations of human rights from the perspective of the victim, is a companion to Volume Two Volume 4: Seeks to address the nature of the society in which gross violations of human rights took place Volume 5: The final volume of the report, contains the conclusions reached by the Commission, including analyses and findings and recommendations. 27

Appropriate museums and memorials at Local and National sites. Use examples that learners can relate to. Freedom Park 28 Remembering the past: memorials

Activity 4.9: Assessment Refer to the sample essays in the Resource Pack. Read and assess according to the prescribed rubric (p.41 CAPS document). Report Back and Discussion. 29

Thank you! 30