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INKATHA Inkatha Freedom Party I1Qembu leNkatha yeNkululeko

CODESA

ARRANGEMENTS TRANSITIONAL

TRANSITIONAL

WORKING

WORKING

DOCUMENT

GROUP

III

/ INTERIM AUTHORITY

FOR SUBMISSION 6TH FEBRUARY

TO A 1992

GOVERNMENT

CODESA

President: The Hon. Prince Dr. Mangosuthu G. Buthelez! National Chairman: Or. F.T. Mdlalose Deputy Secretary General: Inkosi SH. Gumede

/

MEETING

ON

INKATHA Inkatha Freedom

Party

1Qembu leNkatha yeNkululeko

Paragraph

Description

l.

Introduction

Ze

Terms

36

Constitutional

of

Reference Backgroun4

Sied:

Introduction

3.2

Brief Background the Constitution

Tne

4.

CONTENTS

IFP's

ie}

No.

OF

a

INDEX

: Act

Position

4.1

Statement

4.2

The for

Constitutional] Realising the

4.3

The

Advantages

of

and

14

Proposal

11

Mechanics Proposal

the

12

IFP's

Proposals

Effect

4.4

The

4.5

Conclusion

of

the

Proposed

14

Changes 14 15

16

of IFP Participation Conditions of Government in the Transitional

16

17

Summary

Le

19

5.

The

6.

Mandate

Government

of of

the

Transitional

Reconciliation

Reconciliation

7.

President: The Hon. Prince Or. Mangosuthu G. Buthelezi National Chairman: Dr. F.T. Mdlalose Deputy Secretary General: inkosi SH Gumede

INKATHA Inkatha Freedom Party

CODESA

GROUP

/

GOVERNMENT

MEETING

ON

will

be

overview

of

CODESA

TO A 1992

FOR SUBMISSION 6TH FEBRUARY

DOCUMENT

III

/ INTERIM AUTHORITY

ARRANGEMENTS TRANSITIONAL

TRANSITIONAL

WORKING

WORKING

1992.

February

6

I1Qembu leNkatha yeNkululeko

INTRODUCTION

working

determining

for

IFP

wishes

to

Members

of

the

IFP

The does

IFP

ahead

working

of

the

new

clear

at

the

outset

an

in

this,

as

mandate

or

the

regular

through

the

grassroots

support

base.

in

other

in

a

working is

and

mandate

negotiations

that

appreciate

and

Committee

Party's

unlimited

conduct its

the

to

these

both

requiring

lines,

The

regionalisation.

also

should

Africa.

that

of

principles

the

determining

at

South

it,

Central

its

with

have

of

second

democratic

upon

delegation

to

the

delegations

other

Committee

prepared run

it

encompass

operates

not

and

reaching make

consultation Central

first

destination

course

must

the

the

at

aimed

approach,

phase

policy

negotiations

consensus

by

are

one

overall

its

of

terms

the

on

impact

in

IFP

the

two

the

aspects

profound

objectives

Such a

pursue

have of

goals

and

objectives. to

whole.

in

taken

Directions

larger

could

group

position

a

of

part

is

group

working

this

in

train

in

set

now

process

negotiating

the

because

groups,

working

other

in

progress

and

developments

broad

a

keep

to

it

for

need

the

by

dictated

and

is

Group

Working

this

in

approach

IFP's

The

not

therefore

hurried

progress

groups,

manner

achieved

in

or

other

groups.

President: The Hon. Prince Dr Mangosuthu G. Buthelezi National Chairman: Dr. F.T. Mdlalose Deputy Secretary General: inkosi S.H. Gumede

to

23

It

is

deemed

of

certain

party

will

the

expense

the

future

of

laid

and

governed

well

and

strenuously

resist

constitutional TERMS

OF

has

investigated

IFP

the

governance

of

constitution"

constitutional of

the

in

dark

for

responsibly will be

should

there

trying

be

to

get

there.

REFERENCE

The

"new

in

be IFP

the

that

for

allowed

be

must

and

to

need

at

results

foundations

should

Africa

South

suggestion

any

ina

expedient

order

of

future

the

away

The

time

existence

into

work

its

working

other

in

quick

democratic

new

leaps

though

participating

sufficient

The

reconciliation.

as

principles.

enduring

multi-party

carefully

manner, place

seeks

which

working

the

bargaining

through

people

process

negotiating

of

intention

completion

the

for

resistance.

firm

with

with

parties

by

to

of

taking

that

from

meet

Africa's

South

other

pace

the

force

to

unreasonable

an

in

no

has

IFP

The

any

divorced

groups,

in

group

process.

negotiating

the

in

work

be

can

as

frames

time

anticipated

steps

by

Attempts group's

this

dictated

be

to

prepared

declared

openly

if

working

this

in

delegation

IFP

groups

working

consultation

necessary.

the

is

Nor

proper

such

ensuring

of

interests

the

in

adjournments

for

call

to

therefore

hesitate

not

will

voters

the

prepared

making

elects

the

body, first

the

until

country by

a

under

a

which of

general the

new

the

of

introduction

constitutional

government

for

possibilities

following

the

forum

or

election state

3/.

-

2¢ Ad.

the

present

government

Parliament

a

under

Transitional

President

possible.

legally

recognised

generally

of

portfolios

the

equitable

an

in

and and

parties

such

by

upon

agreed

structures

selection

the

recommendations

with

accordance

in

and

manner

under

allocated

be

to

State

the

certain

organisations,

responsibility

cabinet

to

this

encompass

and

parties

political

as

(broader

under

Parliament

make

to

would

government

This

to

amended

clauses

unentrenched

the

to

Reconciliation

constituted

responsible

constitution,

under

constitution;

of

now),

is

power

responsible

existing

Government

and

existing

the

CODESA

than

based

in

constitution

unamended

present

remains

organisations.

262

to

point

of

organise

the

assembly

to

re-shaping This

that

first

effectively new

current

the

“interim

(and

Constitution

incrementally)

be

replaced

Act";

years;

third,

that

CODESA

constitution

making

body

fourth,

that

constitution

the

interim

making

body

for

an

government

for

the

becomes

“interim" itself

“ultimate”

by

a

interim

anticipated

generally

three

or

the

that

second, the

two

would

1983

than

be

possibilities:

of

longer

will

well.

as

legislature

much

period

the

involve

Act

Constitution

perhaps

to

and

constitution,

distinct

four

least

at

introduce

could

constituent

a

would

the

and

to

being

government.

examined

executive

the

new

new

a

for

it

possibility

of

a

adopt

and

for

election

an

of

under

further

a

up

draw

elections

hold

Yet

holding

be

would

Transition

function

principal

its

duration,

short-term

of

Government

the

that

and

"suspended",

be

would

constitution

1983

the

that

except

2.1.2,

starting

similar

a

has

investigated

possibility

further

A

the

constitution; becomes

the

constitution.

4/.

and

Page

at

for

example,

remains

his

Cabinet,

some

President, and

Party,

up

of

governing

territories

of

concludes

political)

preferences.

The

IFP

run

the

up

to

to

the

for

election

the

-

which

in

the

being without

and

parliamentary

any

may

it

inadequate

representationally

(however

body

(party

because

vacuum

actions

its

for

Party)

its

to

framework

constitutional

responsible

being

in

a

in

grounded

over

without

operates

Government

Transitional

controls

constitutional

a

about

brings

this

view

2.2

of

scenario

the

rejects

also

in

according

agreements

Government

vulnerable

(National

the

level

international

the

At

them.

self

other

and

budgetary

Government's

the

particularly

are

The

process.

negotiation

the

in

others

detriment

the

to

Party

National

the

benefit

can

which

of

move

every

system,

administrative

and

constitutional

powerful

very

and

centralised

highly

a

of

control

in

is

Cabinet

this

made

time,

same

the

At

party.

that

of

representatives

of

is

groups,

working

its

and

CODESA

to

delegations

Party

National

the

in

sit

whom

of

National

the

of

leader

the

State

The

country.

the

of

governing

actual

the

to

comes

it

when

inseparable

are

Party

National

the

and

Government

the

that

fact

constitutional

undeniable

an

is

it

CODESA,

at

representation

separate

Despite

time.

same

the

referee

and

player

be

cannot

Government

the

that

believes

it

because

scenario

acceptable

an

as

2.1.1

rejects

IFP

The

4.

be)

constituent

assembly;

the

acceptable be

has

country

no

The

electorate. necklace"

of

degree

significant

"the

of

memory

those

system",

who

the

of of were

like

anything

democracy

of

culture

achieve

to

yet

in

which

intimidation shocking allegedly

destruction

of

an would

there of

incidents

the of

"the

"collaborators"

their

and

property 5/.

intimidation.

without

and

leaders

through

depending

to

the

it

cannot

be

Reference

of

Working

Parliament

also

in

way

opposed

paragraph would

constitution the

simple at

position difference

to

the

be

of

reference

authority

any

in

effect

of

by

an

which

“interim"

constitution,

made The capable

revolutionary.

arrangements

interim

terms

be

of

dispensation.

constitutional in

is

continuity".

legal

only

Terms

the

where

in

this

for

5

replaced

"ultimate"

place

(j)

would

2.3

take

1.1.4

the

to

to

it

item

constitutional is

Africa.

makes

Support

way.

reached

South

new

the

the

to

first

changes

all

Group

current

approach

other

envisaged

on

the

changing

is

of

context

"the

in

seen

to

IFP

a

instead

but

being

of

legal

and

is

current

The

of

making

approach

constitutionality for

need

the

upon

stance

Any

rules

with

any

make

to

agreement

for

respect

constitutional

of

its

of

minority

Africa

South

ingredients

major

all

IFP's

to

signing

2%

the

party

piecemeal

a

new

a

of

overall

upon

insist a

the

than

and

whose

impotence

to

subscribe about

insists

The

fair

result;

bringing

upon

free,

constitution

players,

their

a

to

of

task

other

of

system

entrust

could

guarantee

would

electoral

awesome

the

expense

the

the

this

majority,

most

assassination.

upon

procedure,

since

less

no

lost

has

Accord,

Peace

the

of

IFP,

The

would

be:

should

it

what

of

travesty

a

be

likely

prematurely

held

if

assembly,

constituent

a

for

election

an

Such

recent.

too

still

are

forces",

"progressive

so-called

the

to

allegiance

giving

persons

by

"ungovernable",

country

the

render

to

attempts

in

“stay-aways"

in

participation

forced

the

the

as

present

constitution

whereby

there

6/.

Effective

participation

important

Executive

in

first

elections

would

insist

regions

agenda _ as

of

the

placed

be

to

have

would

IFP

The and

form

future

the

of

question

the

until

constitution.

new

a

under

unrepresented

view,

IFP's

the

more

the

presently

those in

Executive.

at

sharing

power by

state

new

the

of

position

in

held

the

that

Parliament

suffice,

are

in

of

level

would

Parliament

6.

composition the

in

change

a

to

addition

the

in

change

a

be

would

Page

the

on

well.

CONSTITUTIONAL

BACKGROUND

Introduction

It

is

of

considerations: to

undertaking

system

current

white that those they

31.2

ostensibly

first,

the

State

to

those

voting

second,

electorate; look

would

producing

a

amending

the

adapting

new old

from

Proceeding

the

current

something

which

how

the

avoid

to of

guise

one.

these,

current

these

considerations

order

to

appreciate

Constitution

by

finally, under

constitution

anything

avoid

endorsement

of

system

‘illegitimate’;

as

regard

and

the

namely

to

need

co-option

like

the

outside

the

the

from

deviation

power,

into

him

repeated

ultimately

were

who

Act

conflicting

President's

fundamental

any

at

to

enough

flexible

is

and

put

for

responsible

Constitution

Africa

main

three

accommodate

it

whether

see

to

1983

South

of

Republic

current

the

look

hard

a

take

to

outset

the

at

necessary

itself

a

number

of

Constitution

these,

will

a

brief

facilitate

light

the

in

replacing

without

for

possibilities

gloss

it,

of

exist. over

the

understanding.

V/s

In

3.2

Brief

Background

In

:

the

sequence,

relevant

the

to

Constitution

parts

this

President,

system

executive

government

The

President

consisting

of

parliament,

President

must

the

and

the

legislature.

elected or

general

by

an

affairs,

electoral

the

.«..1ee

houses

(white)

house

of

candidate

is

qualify

to

be

houses

of

Parliament,

which

stands

at

the

he

moment,

bound

to

cannot

be

be

a

in

the

the

State

State

to

one

of

black

the Act

the

as

that

means

of

the

elected

the

college

Assembly

7(5)

section

of

Act

State

and

is

terms

In

President.

concern

own

the

Their

Constitution

of

members

with

majority.

the

discussion

the

State

of

Act

South

African.

Own

of

backbone 14

own

of

purposes

in

worked

well

Klerk,

there

of

The

in

move

marked

a

been

consists

executive

affairs.

and

that

must

if

of a

become

State

of

President

ministers. minister

one

the

the

F

W

de

direction

is

the

within

has

a

major

Two not

President,

State

councils,

ministers

The

appointment he

has

Mr

under

fact,

in

practice;

not

has

distinction

the

that

secret

fusion.

cabinet

are

no

is

It

affairs.

general

are

affairs

other

all

that

provides

the

Section

specifically.

Constitution)

the

a

for

Indian

and

coloured

(white,

section

affect

which

matters

those

all

group'

‘population

15

are

affairs

of

terms

In

Act.

Constitution

the

the

form

to

supposed

were

affairs

general

and

a

twelve

latter free

for

hand

the own in

the

qualifications

member

months

of

parliament,

(section

8/.

in

the

particular

house.

State

The

legislative

authority

and

parliament,

consisting

Republic

is

the

accordance

31).

own

affairs

with

a

specified

is

a

law

questioned

in

a

court

followed

in

passing

there

is

a

If

refer

Joint

decision.

by

separately

by

that

passed

in essence:

(in

house

the

by

the

State

and

cannot

be

procedure

the

for

a

for

Council held,

is

put

in

parliamentary done

be

to

joint

(Incidentally,

house.

each

has

question"

of

order

the

the

on

voting

but

be

it

may

President

State

the

so-called

on

houses

the

President's

the

Act

An

group).

except

the

law.

among

become

have

sittings

be

over

may

“putting

parlance,

and

sittings as

or,

resolutions,

President The

proviso

adopted

law,

the

the

to

in

procedure

legislation,

bill

the

to

signed

of

dispute

affairs

general

a

parliament,

of

President,

State

houses.

population

and

parliament

by

passed

is

be

particular

a

representing

the

.1.giver

has

only

may

in three

There

on

legislation

such

of

sovereign

(section

legislation

vests

ministers.

deputy

appoint

also

may

President

The

legislature

majority

the

of

support

the

enjoy

should

ministers

the

councils,

ministers

of

case

the

in

that

and

24(3)(a);

in

day

parliament).

As

regards

99

provides

ways.

the

majority,

and

may

be

if

of

majority

ordinary

by

Act

there

called

be

can

Act

the

is

upon

the

a

provisions

dispute,

to

three

in

amended

Parliament,

of

section

Constitution,

the

of

amendment

that

First,

amended

Council

the

resolve

i.e. the

the

be

may by

a

bare

President's

matter.

9/.

Page

clause

itself.

Thirdly,

schedule

need

IFP'S

4.

THE

4.1

Statement

The

IFP's

and

proposal

forum than

is

present

with

comprehensively

at

without

Constitution

time

the

same

a

future

of

question

the

be

should

changes

major

no

IFP

the

because

second

and

CODESA that

believes

strongly

the

at

present

representation

wider

much

a

with

body

negotiating

or

constitutional

inclusive

all

an

create

to

delay

without

astablished

be

should

authority

transitional

the

that

important

is

it

that

first,

:

reasons

2

for

mainly

above,

a

2.1.2

paragraph

in

envisaged

as

of

establishment

the

to

is

it

that

is

short

follow,

sections.

‘entrenched’

in

is

referred

be

will

which

to

agree

Transition

of

members

ameniing

position

Government

the

which

PROPOSAL

to

all

suggestions

AND

principle

of

the

POSITION

in

willing

first

This

for

procedure

the

the

separately.

procedure,

this

require

will

and

voting of

some

for

important,

as

houses

sections

majority

ordinary

an

three

all

of

forty

some

clause

amendment

the

and

89)

(section

language

the

are

two

these

separately;

voting

houses

three

all

of

members

the

all

of

majority

thirds

two

a

by

amended

be

only

can

Act

the

of

sections

two

Secondly:

9.

made

to

dealing

regional

structure.

4.2

4.2.1

The

Constitutional

The

basic

is

not

a

member

appointment,

months.

The

of

must

a

become

original

at

house a

the

member

version

of

that time

a

minister

who

or

her

of

within

the

Proposal

unentrenched

the

repeal

provides

which

24(3)(a),

section

to

be

would

option

the

Realising

for

Mechanics

his

twelve

Constitution

Bill

160/.

probably

ministerial

responsibility,

and

which

implies

The

benefit

the

State

a.

IV

Some

sections

and

objection the

to

removing

a

councils reference

As

own

and

to

the

not

other

and

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