coming to democracy Flashcards
commission of inquiry
goldstone commission
body of NPA
to investigate causes of political violence, background + SUGGEST remedies
groote schuur
break deadlock ( ANC + PAC wanted release of all members, De Klerk said those imprisoned for criminal offences won’t be) ANC delegation met NP delegation at groote schuur on 2 may
results announced 4 may
-would set up committee to define “political offences”
-agreed on timetable for release of these prisoners
-return of exiles : temporary immunity from criminal prosecution so ANC national executive committee may return
lifting of state emergency
suspension of death penalty
commitment to better communication to limit growing political violence + intimidation
CODESA + aims
convention for a democratic south africa
aims: heal divisions of past, improve quality of life for all through economic development + social justice, peacefully change constitution
tripartite alliance
alliance of ANC, SACP + COSATU
CODESA 1
december 1991
19 parties
drew up interim constitution
interim gov would take place in 2 stages - formation of multiparty Transitional executive council (TEC) to function alongside tricameral, then after elections interim gov, constituent assembly +CODESA to meet may 1992
CODESA 1 failed - ended in disagreements over majority rule + regional powers: NP wanted guaranteed level of minority representation in gov, others saw this as continuation of racial system
failed but laid foundation
white voters referendum
CP demanded general election
NP held referendum on negotiations for white voters in march 1992
68% voted for negotiations
sebokeng massacre
night of 12 jan 1991
>30 killed by attackers w hand grenades + guns at all-night vigil in sebokeng,vaal where mourners paying respects to Chris Nangalembe, ANC member who died earlier
Boipatong massacre
17 june 1992
300 IFP supporters attacked Boipatong, killing 46.
Claims that police participated in violence
Mandela suspected a 3rd force of gov + police were inflaming violence + aiding IFP
ANC left CODESA 2
IFP
Inkatha Freedom Party
• Formed by Chief Gatsha Buthelezi
• Encouraged Zulu nationalism
• Buthelezi was a former member of the ANC but
his Zulu Nationalism clashed with the ANC’s
multiracial approach
• Membership of IFP was made up of former ANC
supporters and the new middle class
• Originally it only allowed Zulu men but in the
mid 1980s it expanded to all men and
women
AWB
Afrikaner Weerstandsbeweging
right wing afrikaner nationalist
third force
de Klerk encouraged Inkatha to disrupt ANC meetings and intimidate Mandela’s
supporters. Furthermore, members of the government’s covert forces – such as
Eugene de Kock – began working on behalf of Inkatha. This greatly contributed
to the rising violence in South Africa.
de Kock known as Prime Evil
why CODESA 2 FAILED
• Disagreement over interim government - NP wanted a minority veto in constitutional negotiations, rejected by ANC
• Disagreement over percentage required to adopt the constitution
• Finally, ANC belief that the government was secretly stoking violence.
record of understanding
26 selection 1992, ANC + NP released it- agreement between Roelf Meyer of NP + Cyril Ramaphosa of ANC for negotiations to continue despite violence
agreed on issues of Constitutional assembly, interim gov,dangerous weapons + mass action, release of remaining political prisoners, cordoning of zulu hostels
sunset clause
break deadlock of minority rights
by Joe Slovo leader of SACP
slow transitional period lead to more success- new black gov will have no choice to work through existing white bureaucracy
apartheid regime setting (gradually)+ giving way to new dawn of SA SOOO gov of national unity would be formed after elections, NP would have share of power for first 5 years, jobs of white civil service,soldiers+ police guaranteed for 10 yrs
MPNF
multi party negotiation forum
interim constitution finalised
any party w 20 or more seats in National Assembly could claim 1 or more cabinet portfolios + enter gov, president would come from largest party, deputy from next 2
Chris Hani assassination
April 1993 by Janusz Waluś - Polish immigrant who plotted w CP member Clive Derby-Lewis
caused deep crisis, rand declined
Bophuthatswana invasion
march 1994
President mangope refused to give up independence
strike began - called on volksfront for help
did NOT want AWB, still came anyways
army rebelled - AWB drove about recklessly + fired at civillians, Bophutatswana Defence Force soldiers - 3 AWB members killed
mangope forced to retire
AWB + world trade centre
25 June 1993
drove an armoured vehicle through windows of World Trade centre where negotiations were taking place
APLA
azanian people’s liberation army (apla)
25 july 1993- attacked St James church, killing 11 + wounding 56
PAC supporters killed Amy Bhiel - US student (who was anti-apartheid activists)
20 december 1993, attacked Heidelberg Tavern in Cape Town ( 4 killed)
shell house incident
28 march
20 000 IFP supporters marched on ANC Headquarters at shell house to protest against elections
ANC guards shot 19 members
incident triggered state of emergency across 11 magistrate districts
elections
june 1993- decided that date of elections - 27 april 1994
IFP took part at last minute
ANC,NP + IFP formed first gov with mandela as president
constitution of the republic of south africa
8 may 1996
highest law of land
Bikl of rights - human rights charter
challenges of GNU
economic bankruptcy (inflation, unemployment, high interest on foreign loans)
inequalities (water,sanitation, healthacare for all)
new structures necessary ( MK + APLA incorporated into SADF, homelands made provinces, restructuring of edu system)
violence + crime stikk rife
nuremberg war trials
retributive justice
after holocaust- perpetrators left
those responsible trued as criminals - held responsible and punished, many executed
ordinary germans absolved
truth commissions in argentina + chile
enquiries
Rettig report
find put what had happened to disappeared, no punishment
aims: gather evidence that identifies victims by name, fate + whereabouts
recommend reparations for victims families
recommend legal + administrative measures to prevent future violations
create complete as possible pucture of human rights violations that occurred.
restorative justice
restorative justice focuses on the rehabilitation of offenders through reconciliation w victims and the community at large
TRC
truth and reconciliation commission
aim to promote national unity and reconciliation by 1. establishing complete a picture as possible of the causes, nature and extent of gross violations from march 1960 to may 1994, , TRUTH 2. recommended sentencing perpetrators of crimes, 3. Granting amnesty for full disclosure of crimes committed with a political motive, 4. recommended Granting reparations to restore dignity
in the context of sa, the trc used restorative justice to uncover the truth abt human rights violations under apartheid to achieve national healing and reconciliation
TRC committees
Human Rights Violations Committee (perpetrators + victims come fwd + appeal for commission to find out abt incident)
Amnesty Committee (amnesty) the Reparation and Rehabilitation Committee (compensation)
amnesty conditions
Actions had to be politically motivated
• Full disclosure of the facts had to be made
• The action was proportional to the objective
TRC leadership
archbishop desmond tutu + dr alex Boraine (anti apartheid activist )
both well respected
types of reparation
Interim reparations: urgent one-off payment of between R2000 and R6000.
2. Individual reparation grants – one-off payments of R30000
3. Symbolic reparation – the erection of headstones and memorials
4. Legal and Administrative reparation – erasing criminal records and declaration of deaths for the disappeared
5. Institutional reform – geared towards the judiciary, security forces, correctional services
positives of TRC
Significant role in healing SA and building a united nation.
performed a therapeutic role in the sense that victims of apartheid got to testify and perpetrators made public confessions. Reparations were also paid.
Forced liberation movements to account for their actions
Solved many murders and disappearances, exposed secret police actions.
negatives of TRC
members of society criticised this religious element of confessions.
ignored the effects of apartheid as a system.
Some families of victims objected to amnesty, felt TRC denied them their right to justice.
ignored institutional violence
important leaders avoided responsibility.
very few prosecutions were held after the TRC.
time frame ignored the effects of institutional violence caused by the 1913 Land Act and the apartheid legislation enacted from 1948 to 1960.
no post TRC-body to oversee implementation of wide-range of reparations
