Do-Now 11/30/15 Turn in your revised Paper 2 to the tray Get out your notes – set them up Cornell Style (skinny left column, wide right column) Title them “New South African Democracy”

New South African Democracy

Objectives The structure of the new democracy How they dealt with the past How democracy functioned

Structure: The Government of National Unity Government of National Unity  Coalition Rejoined the world community Organization of African Unity (African Union) Southern African Development Community (SADC) The Commonwealth (UK) UN

National Unity Fundamental task  working democracy Homelands incorporated New government structures Civil service, police, and defense forces re-organized New Cultural symbols to promote common national identity New national anthem New flag New public holidays Some name changes Mandela’s focus on Reconciliation

Structure: 1996 Constitution Two part process Stage 2 – Newly elected parliament led by Cyril Ramaphosa (ANC’s chief negotiator) Constitutional Convention May 1994 – May 1996 Include views of ordinary citizens Final adopted in May 1996 Bicameral parliament: National Assembly of 400 members; National Council of Provinces - 10 reps from each province Elections every 5 years for parliament President serve 2 terms Proportional representation Amendments approved by two-thirds majority of joint sitting of parliament Included a Bill of Rights 11 official languages

Structure: Constitutional Court Constitutional Court power of judicial review Individuals or communities could appeal to the court Other structures to protect democracy: Human Rights Commission, Commission for Gender Equality, The Independent Electoral Commission, The Independent Broadcasting Authority, The Public Protector, The Auditor General, The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.

The Past: The TRC ‘94 negotiations established a commission to investigate apartheid-era crimes Truth and Reconciliation Commission (TRC) formed in Led by Archbishop Desmond Tutu Based on Restorative Justice, not Retributive Justice Investigated politically motivated violations of human rights during the apartheid era.

Work of the TRC Began in years – broadcast live Over 22,000 victims told their stories Some to get justice Others to find out about family Three Committees Human rights violations Amnesty – could pardon perpetrators who made full disclosure of their actions Recommendations –about compensation Also investigated the liberation movement &Inkatha

Problems of the TRC Some Key people never came forward F.W. de Klerk Some claimed they were carrying out orders of their superiors – that they were scapegoats ANC angered the TRC made no distinction between the actions of the apartheid gov’t and those of the liberation movement Opinions differed sharply

Findings of the TRC Presented interim report to Mandela in 1998, full report published in National Party Gov’t under Botha responsible for torture, arson, abduction, and sabotage. Criticized de Klerk for activities of the “Third Force” Also critical of anti-apartheid actions

Function: Opposition Parties Opposition Parties remained small and fragmented May ‘96 – the NP left the coalition government – de Klerk stepped down from deputy (vice) president disbanded in 2005 Democratic Party became official opposition after 1999 elections. Inkatha remained a part of the National Unity coalition Small group of ANC supporters broke away to form the United Democratic Movement (UDM)

Function: Tripartite Alliance Pressure Group Tripartite Alliance between the ANC, SACP, and COSATU (Congress of South African Trade Unions) Series of strikes in the mid-90s by COSATU-affiliated unions Divisions w/in the alliance ’98 – Mandela and Mbeki censured SACP and COSATU for criticizing the government Many thought the SACP and COSATU would break from the ANC and form a left-wing opposition – but didn’t happen

Function: The 1999 Election Mandela said he would only serve one term as President 1997 – Thabo Mbeki took over ANC leadership 1999 election – support for ANC increased – closest was the Democratic Party w/ 10% of the vote. Mbeki succeeded Mandela as president, shift from reconciliation to transformation Spoke out against white reluctance to give up their privileges and accept transformation antagonized SACP and COSATU Criticized for a lot Transformed from an authoritarian state to a functioning democracy