5 DAYS AWAY

It’s 7 o’clock on Friday 3rd May 1996. You’re listening to AM Live on SAFM 104 to 107.

Thank you, Sally. Good morning. The experts say, while it seems possible that agreement can be reached on the property and lock-out clauses, neither the ANC nor the National Party appeared prepared last night to back down over the education clause.
There appears to be a real prospect of the Assembly’s proceedings yet again sitting into the night. There was a fourth dawn, when Assembly Chairman Cyril Ramaphosa and the NP’s chief negotiator emerged together, but they walked past the Assembly hall to have a well-deserved cup of tea.

AM Live radio programme

Hopes were pinned on Ramaphosa and Meyer working through the education issue, but the stakes for both were too high.  Negotiations continued throughout the day and into the night. Working similarly grueling hours, the technical refinement team completed a second draft of the amended bill less than an hour before the Constitutional Committee was due to meet. The Channel was opened again to work through the education issue, but both Meyer and Ramaphosa had hesitancy in addressing each other as the stakes were so high for each of them. Everybody was waiting for ‘the Channel’ to appear with some way to break the deadlock or find a way forward.

 Relief now was that everything had been referred to the Cyril–Roelf Channel in order to tie down these issues.

Blade Nzimande

then ANC member of the Constitutional Assembly

It was inevitable that the big players had to go and do some eye-ball to eye-ball, in order to resolve their differences and so, to that extent, the smaller players like ourselves, you could say, were less relevant.

Colin Eglin

then DP member of the Constitutional
Assembly

At one stage Cyril and myself were sitting out here on the steps of the lobby of this room and I think we were saying to each other, ‘Now we have problems’ because we could see there’s a hesitancy to move forward.

Roelf Meyer

then National Party member of the Constitutional Assembly

Adverts with the countdown to 8 May started to appear in all national newspapers. Given the precariousness of the negotiations, administrators crossed their fingers and hoped that there would be a Constitution to present to the nation. Much later Ramaphosa commented to journalists:

I never questioned the fact that we would reach agreement. I was confident right from the onset that we were going to meet our deadline and also reach agreement, and that confidence derived from the fact that there was just too much at stake, for all parties.

Cyril Ramaphosa

then Chair of the Constitutional Assembly

Constitutional Assembly Chairperson, Cyril Ramaphosa, in the final stages of the process. Subash Jeram / Constitutional Assembly

Behind the scenes, there was an internal battle going on within the NP itself as to whether or not they would vote to accept the Constitution. FW had begun openly to flirt with the idea of not voting for the Constitution which gave the anti-constitution camp within the NP a lot of courage. This account by Leon Wessels reveals the full details of this moment of struggle that could have changed the course of history:

On Friday evening, 3 May, during a meeting of the negotiating council of the Constitutional Assembly, the NP delegation was difficult. I was sitting next to Ramaphosa, listening to the aggressive debate – it sounded as if parliament was in session and not like a negotiating council at all. After André Fourie, one of the hardliners, had stated his argument about labour matters, Ramaphosa whispered to me: ‘I can just see he is spoiling for a fight …’ I knew this was a fight Fourie couldn’t win; he didn’t have the armoury with which to do battle with the former trade unionist.

Roelf Meyer asked for an adjournment to calm the nerves. In the small NP caucus, I cautioned against Fourie’s tone and stated that his arguments were not on firm ground … there was a new political wind blowing and with his stubborn conduct he and his posse was playing into Ramaphosa’s hands. My words of caution were fat in the fire.

Meyer, forever the peacemaker, phoned FW there and at about 11 o’clock and asked for direction. FW was still in his office and invited everyone for a drink when the negotiating council concluded its business for the day. When we returned to the council, Meyer proposed that the proceedings be suspended so that we could get new mandates. The NP members immediately left for FW’s office … When FW welcomed me, he immediately put me on the spot: ‘I have been informed about the tension regarding some outstanding issues. Let’s try and resolve them.’ I was prepared for this discussion.

There was a concerted effort from the hardliners to undermine anything that pointed in the direction of a settlement with the ANC. They were upset because there was not a permanent power sharing model such as the Government of National Unity built into the Constitution. They had also hoped for a model with stronger devolution of power – federal elements – in the hands of the provinces.

I was calm but very determined when I started talking. I started by telling him what I had read recently in the history books – how the Afrikaner women had listened to the hoofs of the horses on the road when the Burghers returned and from it knew that the Burghers had lost the war. When I listened to my colleagues, they sounded like losers. Regardless of the outcome of these outstanding matters, I believed that we had achieved enough that I intended to vote for the Constitution on Wednesday 8 May. I didn’t even respond to the merits of the discussion regarding the right to strike and the lockout of workers by the employers.

I stated my case cautiously and very diplomatically – definitely not as an ultimatum. There was no debate regarding my comments. Shortly afterwards we adjourned. When I said goodbye, Meyer was standing next to FW and whispered, ‘I want to talk to you urgently; please wait for me.’

We were hungry and decided to have something to bite. Abré Hanekom from the NP support staff and professor Rassie Malherbe, technical advisor who also attended the late-night session with De Klerk, went with us to continue the discussion.

Meyer informed us that after the meeting he had spoken to De Klerk privately and had told him that he also wanted to vote for the Constitution on Wednesday 8 May, regardless of the further outcome of the sticky points. We had achieved enough and had everything to lose should we cast a negative vote. He didn’t want to cause an embarrassment for him in the meeting and had come to tell him that in private. FW looked stunned and surprised.

This was great news for me. I was no longer involved in a solo-flight. The adrenaline was rushing as we debated this matter. At 5 o’clock we ordered bacon and eggs.

Meyer asked Malherbe to draft a document in which we highlighted all the negotiating gains and from a process point of view what we stood to lose if we voted ‘no’ on Wednesday. This document had to reach De Klerk before Meyer and Ramaphosa joined De Klerk and Mandela for the final round of negotiations.

The eight-page Malherbe-document titled, ‘Why the National Party has to vote for the Constitution’ made it clear: we would lose all our hard-fought gains if we didn’t vote ‘yes’ for the Constitution. It would open the door for the ANC to unilaterally draft an alternative constitution where all the agreements reached with the NP would be ignored. They could change the articles regarding the two-thirds majority required to change sections of the constitution as well as the sections that required a 75% majority. They could change the minimum age of eighteen required for the right to vote, change the requirement for language – and culture rights as well as the provisions regarding property rights.

This document, together with other concessions made by the ANC, made it possible for FW to move the caucus to vote for the Constitution. A number of members on the NP benches found it difficult to hide their displeasure but they voted nonetheless. And they sat. They didn’t have the courage to organise a revolt or to protest and walk out. It didn’t preclude them from continuing with gossip campaigns. It also didn’t stop them from telling anyone who wanted to listen how little they thought of the Constitution.

Leon Wessels

then Deputy Chair of the Constitutional Assembly

EXPLORE THE ARCHIVE

Audio Visual

President Mandela gives his State of the Nation address in Parliament. Mandela ends his address with the words, “Let us all get down to work”.

“We must construct that people-centred society of freedom in such a manner that it guarantees the political and the human rights of all our citizens.”– President Mandela, extract from State of the Nation Address, 24 May 1994

President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.

“There was pride in serving in the first democratic government in South Africa, and then the additional pride of serving under the iconic leadership of Nelson Mandela … [He] represented the hopes of not just our country, but of oppressed, marginalised and the poor in the world.”– Jay Naidoo, then Minister of RDP housing
“We place our vision of a new constitutional order for South Africa on the table not as conquerors, prescribing to the conquered. We speak as fellow citizens to heal the wounds of the past with the intent of constructing a new order based on justice for all.”– President Nelson Mandela, 10 May 1994