Differing interpretations by the ANC and the South African government of earlier agreements led to tensions during October and November in the process leading towards negotiations. Despite these problems, including differences over responsibility for continuing political violence, contacts were maintained and some further progress was made on a number of matters.
At the end of November Nelson Mandela said that although the government continued to talk to the ANC, 'on the other hand they are not adhering to the very agreements we have mutually adopted.' Accusing the government of 'bad faith', he said that government actions threatened to 'destroy the trust that we have managed to build so far'. He noted that the release of prisoners and the return of exiles had been delayed and said that the police and the army had not only failed to stop the spread of vigilante violence, but were 'conniving to continue the slaughter of our people' (see PRISONERS AND EXILES).
Shortly afterwards, Mandela met President De Klerk to 'demarcate the areas of concern and to agree on the priority of issues calling for early attention.' The two reiterated their commitment to peaceful negotiations and held a further meeting to discuss how to deal with the violence.
Government pressure on the liberation movement to stop supporting and organising mass protest actions was resisted by the ANC which called successful demonstrations in December. (See MASS ACTION)
As well as rejecting government attempts to link suspension of the armed struggle to its right to mass action, the ANC disputed government interpretations of its undertaking.
A joint working group was set up in terms of the Pretoria Minute to discuss issues related to the suspension of armed actions, but at the end of August the government unilaterally offered rewards for information about people holding unlicensed weapons and for the identification of arms caches. An indemnity was also offered to people who handed over unlicensed weapons to the police. These steps were taken despite the fact that amongst the matters the working group was to examine was 'the disposition of arms and other weapons' in the possession of the ANC's armed wing, Umkhonto we Sizwe. At a meeting with President De Klerk on 11 September, Mandela made it clear that 'the agreement did not ... imply that we were obliged immediately to hand over our weaponry'.
The ANC resisted government arguments that it was obliged by the agreement to stop recruiting and training soldiers for Umkhonto we Sizwe. In November the ANC also endorsed a plan for the development of community self-defence units, although it was unclear if these would be armed. The government said this was unacceptable, but the ANC pointed out that the police and army were not disarming or demobilising right-wing para-military groups or vigilante organisations. Despite these differences, the ANC-government working group continued to meet during October and November.
A joint working group which was established in terms of the Pretoria Minute to examine ways of drawing up a new constitution held at least one exploratory meeting.
Both parties agreed that all political forces had to be involved in the process but differed on the way they saw the new constitution being adopted. The ANC is committed to the establishment of an interim government followed by elections to a constituent assembly which would draw up the new constitution as happened in Namibia. In the ANC's view, this would instil confidence in the process, reduce political conflict and ensure that the end result was acceptable to the people of the country as a whole.
Rejecting this approach, De Klerk and other government ministers have said on various occasions that they are not prepared to hand over to an interim administration.
So far the government has only been prepared to contemplate what the Minister of Constitutional Development, Gerit Viljoen, described as the opening of informal channels of communication so that political groups not represented in the present parliament could 'make presentations towards legislative decisions'. Later he described this as 'a channel for interim inputs'. In explaining the need for an interim government the ANC has argued that the government cannot be 'both player and referee'. Without accepting the need for an interim government, Viljoen said that some ministers might have to leave the government in order to take part in the negotiations.
The constitution, according to Viljoen, should be drawn up through consultations between various political forces and then tested in a general referendum of 'the whole population'. However, the white votes would be counted separately and if the whites rejected it, the constitution could not be adopted, he said.
A draft constitutional outline drawn up by the office of the Minister of Constitutional Development was circulated within the Afrikaner Broederbond during October. It closely resembled suggestions drawn up by the President's Council, which were made public in October.
The envisaged constitution incorporates a bi-cameral parliamentary system, with one chamber elected nationally on a proportional-representation basis and another elected on the basis of 'geographic units', 'groups' or other categories. 'Groups' would be set up on the basis of a common language, culture or religion and would have considerable autonomy. The two chambers would have equal legislative weight. The overall effect of the constitution would be to severely limit the powers of the directly-elected chamber and make it easy for powerful minority groups to prevent legislative changes.
The government has continued constitutional and other talks with officials from the non-'independent' bantustans and the provincial administrations on the future of regional administration. However, all the leaders of the non-'independent' bantustans, except the Kwazulu leader Gatsha Buthelezi, met with Nelson Mandela in October and agreed to act as a united force with the ANC in deciding principles for negotiations with the government.
Leaders of three of the four 'independent' bantustans (Lucas Mangope of Bophuthatswana being the exception) came together for three days in early November to discuss reincorporation into South Africa. While arguing for strong regional government within a unitary state — or even a federal state — they were in favour of ending formal 'independence'.
Representatives of most of the bantustans were also present at a meeting in Cape Town at the end of November called by Anglican Archbishop Desmond Tutu. The meeting was attended by Nelson Mandela and other ANC leaders, as well as by representatives of the Pan Africanist Congress, the Azanian People's Organisation and church leaders. A statement issued after the meeting said that the participants were unanimous in the desire for a democratic, non-racist and non-sexist government in a united country. They requested bantustan leaders who had been discussing new regional structures with the government to review their positions.
