By Norm Dixon
A last-minute concession by South African President F.W. de Klerk has allowed the multiparty negotiating forum finally to agree on an interim constitution under which South Africa will be governed until 1999. The agreement clears the way for the establishment of the all-party Transitional Executive Council, which will oversee preparations for South Africa's first non-racial general election on April 27.
The document establishes a limited form of "power-sharing" by guaranteeing cabinet seats to any party winning at least 20 seats. Each party's total of cabinet seats will be allocated in proportion to its vote. There will be no more than 27 ministers in the cabinet.
The interim constitution was passed just after midnight on November 18 by the 21 participating parties after de Klerk relented on his demand that minority parties be given the power to veto cabinet decisions. A new permanent constitution to be drawn up by those elected on April 27.
Key components of the interim constitution include a 400-member assembly elected on the basis of proportional representation; a senate with 10 members elected from each province; and a president elected by simple majority by the assembly.
Every party holding at least 80 seats in the assembly will designate a deputy president from among the members of the assembly. If no party, or only one party, has 80 seats then the party holding the second and third largest number of seats will each designate a deputy president.
Deputy presidents will have no veto power over the presidential decisions although the president is required to "consult" with them. The president will appoint on a rotational basis one of the deputy presidents to act as president during his or her absence or temporary incapacity.
The constitution-making body will be the assembly sitting jointly with the senate. Adoption of the new constitution will require a two-thirds majority.
South Africa's discredited "self-governing" and "independent" black homelands will be dissolved and incorporated into nine provinces, each with its own provincial government. The ANC agreed that each provincial legislature could adopt its own constitution as long as the provisions are not inconsistent with the national constitution.
The police will be the responsibility of the national government, with the new state president appointing the top commander and the nine provincial governments appointing provincial commanders with the approval of the state president. A new army will incorporate the old SADF and the ANC's Umkhonto we Sizwe as well as other armed formations.
ANC president Nelson Mandela said the passing of the interim constitution marked the beginning of a new era. "For the first time in the history of our country, on April 27, 1994, all South Africans, whatever their language, religion and culture, whatever their colour or class, will vote as equal citizens. Millions who were not allowed to vote will do so. I, too, for the first time in my short life, will vote."
The Transitional Executive Council is expected to be functioning very soon. Its main function will be to eliminate obstacles to legitimate political activity, prevent intimidation, ensure that no government or homeland administration uses its powers to favour or prejudice any party, and ensure a free and fair election.
All parties prepared to submit to the authority of the TEC will sit on the council. Decisions of the TEC will be taken by a 75% majority.
The TEC will have six sub-councils which will oversee regional and local government, law and order, defence, finance, foreign affairs and the status of women until the election.
The election itself will be organised and supervised by an Independent Electoral Commission composed of 11 impartial officials. An Independent Media Commission and an Independent Broadcasting Authority will ensure equal access to the media for all parties and guard against bias.
South Africans are bracing themselves for an expected upsurge in violence. A pattern has developed over recent years that after every significant move towards democracy, random and indiscriminate violence — as well as political assassinations — surges. The culprits are often members of Chief Mangosuthu Gatsha Buthelezi's Inkatha Freedom Party. These attackers are often aided by elements of the South African Police and security forces.
On November 20, Winnie Mandela and her driver were attacked by gunmen in central Johannesburg. Mandela escaped injury while her driver was killed. Police claim there was no political motive behind the attack.
In a threat to disrupt the coming elections through violence, Buthelezi promised on November 20 to fight "every inch of the way" the arrangements agreed to on November 18. Buthelezi, as well the misnamed Freedom Alliance of black and white right-wing parties which Inkatha leads, refused to participate in the meeting that passed the interim constitution.
Buthelezi added that he and his other allies, the dictators who rule the Ciskei and Bophuthatswana bantustans, would not allow the interim constitution to be implemented in their territories.