23 DAYS AWAY
On 15 April 1996, the Constitutional Committee received a copy of the new draft. The committee now had four days to resolve the deadlocked issues and produce a bill to go before the Constitutional Assembly. At this point the ‘channel bilateral’, a ‘two-by-two’, was reinstated between Cyril Ramaphosa and Valli Moosa of the ANC and Roelf Meyer and Leon Wessels of the NP. As with the end of the negotiations, the most difficult and retractable issues were referred to that channel.
Cyril Ramaphosa and Roelf Meyer deep in conversation in Parliament. Avusa
‘The Channel’ again was the strength of the process because we all knew that whenever it came to the push, they were there to take over.
Valli Moosa
then ANC member of the Constitutional Assembly
We were able to use the approach that we had always used in the past, that there is no problem without a solution and in the end, we had to find solutions – all of us.
Roelf Meyer
then NP member of the Constitutional Assembly
While the negotiators from the main parties felt relief that intractable problems could be referred to ‘the Channel’, the mechanism was criticised by the smaller political parties, who felt that they were being excluded from the process and pushed to the sidelines.
While these political battles were being fought inside Parliament, other key issues of contention were unfolding outside. A great deal of lobbying by interest groups had begun. In particular, the private sector and the unions faced their own showdown over the property and lock-out clauses. Business demanded a meeting with the ANC, NP and DP to express their concern about the nature of the property clause which they believed did not protect property rights adequately.
Business fears that investment and growth may be inhibited if property rights are not adequately protected.
Spokesman from the South African Chamber of Business
COSATU, on the other hand, lobbied hard around the lock-out clause. The right of employers to lock out striking workers and prevent them from entering the premises, was a highly emotive issue for workers and the union threatened a national strike if the proposed clause was included. South African’s largest trade union federation was happy to push this issue to the limit. The ANC backed COSATU while other parties supported by business, argued for the inclusion of the employer’s right in some form. Tensions ran high. The different interest groups kept in touch hourly with what was happening behind closed doors in respect of the controversial clauses.
We all knew, day by day, morning by morning, afternoon by afternoon, which word was in, which word was out and who was influencing the process.
DENE SMUTS
then DP member of the Constitutional Assembly
