This resource is hosted by the Nelson Mandela Foundation, but was compiled and authored by Padraig O’Malley. It is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and post-apartheid eras.
Report on the Bi-Lateral talks deadlock between the S.A Regime and the PAC of Azania
PAN AFRICANIST CONGRESS (P.A.C.) OF AZANIA
DEPARTMENT OF LEGAL AND CONSTITUTIONAL AFFAIRS
RE: THE NEGOTIATING COUNCIL
MULTI-PARTY NEGOTIATING PROCESS
1. On 25 May 1993 the security forces raided PAC offices, homes and premises, confiscating documents and equipment and detaining more than 70 members and leaders . Amongst the homes searched was the home of our respected President cde Clarence Makwetu and amongst the documents seized are the documents of the Negotiating process. They even took clothes of some of our members.
2. The Negotiating Council condemned the raid and resolved that the regime return our documents and equipment and either charge or release our members without delay. The PAC and the regime had to meet in this regard.
3. It is important to restate that the overwhelming majority on the Special Session of the Negotiating Council on 27 May rejected the reasons given by Mr Hernus Kriel for the raid and appealed to the regime to immediately charge or release our members and to return confiscated goods. The majority view was that Mr Hernus Kriel is not fit for office and should resign.
4. The PAC and the regime then started having a series of bilateral meetings in compliance with the Negotiating Council decision that we do so, with a view to facilitate the implementation of the Negotiating Council decision.
4.3. At each and every meeting the regime promised to return our confiscated documents and at one meeting they even promised in a joint statement, to return it on the same day. To date the regime has not returned a single document to our Head office.
4.2 As far as our equipment is concerned the regime did return our Wordprocessor system at Headquarters with its hardware in a good condition but they damaged our software programme. The system is not in a working order at present.
4.3 Documentation and equipment including clothes taken at our homes have not been returned.
4.4 The regime released most of our members who were arrested in the raid. Contrary to the claims by Mr Kriel that they have evidence that these people are criminals, the regime had to release them for lack of evidence. It will be recalled that Mr Kriel informed the Council, amongst others,mentioned the name of Mr Nemadzivhanani in relation to the murder of Mrs Sandra Swanepoel,Mr Abel Dube in relation to a murder in the Western Cape,Mr Waters Toboti in relation to crimes, Dr Solly Skosana in relation to co-ordination of APLA forces and the killing of 7 SAP and 6 SADF members. None of the above leaders were charged for the above and have been released. The only thing that the regime could charge them for is for having a fire-arm with a license and without an import permit. The fire-arms in question are all .33 pistols. No assault weapons are involved in the charges.
4.5 The only person charged for murder is a pensioner by the name of Enoch Zulu who is working in the office of the
President. He is a former Robben Island prisoner. He is being held in connection with a murder which was committed in 1977.When Mr Zulu was arrested in April 1986 and this said offence was investigated and charges dropped as it was found that he could not be linked to the 1977 murder. He was sentenced to Robben Island on another matter and was granted indemnity along with other prisoners.
4.6 These releases and the inability of the regime to bring prima facie charges against our members vindicates the majority view of the Council that the raid was unrelated to criminal activities and that the regime should return our properties and undo the damage which they have done.
5. Since the regime knows that it cannot prove its case on the basis of the clampdown, it started manufacturing new evidence to vindicate its actions. Amongst others it now says that it found a document in our Headquarters detailing plans to attack police stations and to kill a Homeland Cabinet Minister. At all material times during the raid of our offices the police were accompanied by someone from the party and all documentation taken was recorded in our presence. At no stage was a document such as alleged by the police taken at our office and at no stage was any of the arrested members questioned about such document. At no stage did the regime appear to know about such a serious matter in their discussions with us. We are therefore appealing to this Council not to be influenced by weak retrospective attempts by the regime to justify the unwarranted raid on our party.
6. About 10 PAC members are still being held in prison and we demand their unconditional release.
7. It should be stressed that what the Council is called upon to decide relates to the implementation of the resolution concerning the raid on the PAC. The Council already decided what its attitude to the raid is and what the regime must do. The Council is not called upon to debate the raid. That was already done in 2 meetings including a Special Session. We are calling on the Negotiating Council to condemn the non-compliance with the resolution by the regime and to further call upon it to comply with the existing Resolution.
8. The Council is not called upon to express a general view on violence or the armed struggle, but on the compliance or otherwise with the existing resolution by the regime.
ARMED STRUGGLE
The PAC is known for its call for an elected Constituent' Assembly to draw up a new constitution for our country. To that end we are aware that such an election can only take place under conditions of peace and stability if it is to be free and fair. The PAC informed the regime of our commitment to the U.N Consensus Declaration of December 1989,namely that the regime must create conditions conducive to negotiations to be followed by talks aimed at producing a mutual cessation of hostilities and modalities on how to arrive at a new constitution. The whole world knows that the regime is illegitimate and hostile to the African masses. Battalion 32 , Askaris ,mercenaries and covert military operations are still operational and the primary source of the violence. The violence in Thokoza and Katlehong during the last 2 weeks were caused by agent provocateurs who infiltrated a march past the hostels and started the violence. The regime rejects the notion that there exist any problem from their side and scorned the Consensus Declaration of the United Nations. We want this Council to note the willingness of the PAC to enter into discussions with the regime to achieve a mutual cessation of hostilities. It is not good enough for the regime to say that they are not killing PAC members in specific terms: The PAC and APLA cannot fold arms whilst we are being killed and the Regime must desist from hostile acts against the oppressed through covert military intelligence operations ,Askaris, Battalion 32,former Selous Scouts etc.
At the last Negotiating Council meeting the regime made it clear in the proposed motion that it cannot enter into agreements with the PAC if we are still committed to armed struggle and they want us to unilaterally suspend the armed struggle and watch our people die. Since they are so adamant it will be necessary for the Council to rule that the regime must be open-minded about its own role in the violence in order to pave the way for a mutual cessation of hostilities.
B. ALEXANDER
SECRETARY GENERAL
Declaration on Cessation/Suspension of Hostilities, Armed Struggle and Violence
Put to the Negotiating Council on Thursday 17 June 1993
Recognising:
That our country and people urgently require stability and peace in order to progress to a democratic and harmonious future;
Mindful:
*. That we are all products of a conflict ridden society and emerging from a long period of tension and hostilities;
*. That political violence still persist in the resolution of political differences;
Believing:
*. That participants in the Negotiating Process have a responsibility to inculcate a new spirit of tolerance;
*. That political rivalry and competition does not require the use of violence;
*. That it is necessary for all participants to categorically eschew violence in all forms;
*. There is a need for cessation/suspension of hostilities/armed struggle/violence for peaceful negotiations to move forward;
Aware:
That an invaluable opportunity now exists to decide on our future through a process of peaceful negotiations;
Now Therefore Declare:
That as from this day of June 1993 we, the parties subscribing to this declaration, commit/recommit ourselves to cease/suspend any form of hostilities/armed struggle/violence in pursuance of political objectives and in the resolution of political differences.
ADDENDUM A
DRAFT FURTHER RESOLUTION TO THAT ON CESSATION/SUSPENSION OF HOSTILITIES PUT TO THE NEGOTIATING COUNCIL ON 17 JUNE 1993
This Negotiating Council meeting at the World Trade Centre on Thursday 17 June 1993:
Noting:
The Resolution passed after the special Negotiating Council meeting of 27 May 1993;
The Joint Statement by the South African Government and the Pan Africanist Congress of Azania dated 28 May 1993;
The Declaration on Cessation/Suspension of Hostilities, Armed Struggle and Violence tabled at the meeting of the Negotiating Council on 18 June 1993;
Noting that provision is made for dealing with armed formations in both the Reports of the Technical Committees on Violence and the TEC and its Sub-Councils;
Therefore Resolves That:
Matters which remain unresolved in relation to paragraph 1 and 2 above should be attended to immediately.
ADDENDUM B
DECLARATION ON CESSATION/SUSPENSION OF HOSTILITIES, ARMED STRUGGLE AND VIOLENCE
Put to the Negotiating Council on Thursday 17 June 1993
1. Recognising:
That our country and people urgently require stability and peace in order to progress to a democratic and harmonious future;
2. Mindful:
*. That we are all products of a conflict ridden society and emerging from a long period of tension and hostilities;
*. That political violence still persist in the resolution of political differences;
3. Believing:
*. That participants in the Negotiating Process have a responsibility to inculcate a new spirit of tolerance;
*. That political rivalry and competition does not require the use of violence;
*. That it is necessary for all participants to categorically eschew violence in all forms;
*. There is a need for cessation/suspension of hostilities/armed struggle/violence for peaceful negotiations to move forward;
4. Aware:
That an invaluable opportunity now exists to decide on our future through a process of peaceful negotiations;
5. Now Therefore Declare:
That as from this… day of June 1993 we, the parties subscribing to this declaration, commit/recommit ourselves to cease/suspend any form of hostilities/armed struggle/violence in pursuance of political objectives and in the resolution of political differences.
ADDENDUM D
DECLARATION ON CESSATION/SUSPENSION OF HOSTILITIES, ARMED STRUGGLE AND VIOLENCE
Put to the Negotiating Council on Friday 18 June 1993
Recognising:
That our country and people urgently require stability and peace in order to progress to a democratic and harmonious future;
Mindful:
*. That we are all products of a conflict ridden society and emerging from a long period of tension and hostilities;
*. That many forms of political violence still persist in the resolution of political differences;
Believing:
*. That participants in the Negotiating Process have a responsibility to inculcate a new spirit of tolerance;
*. That political rivalry and competition does not require the use of violence;
*. That it is necessary for all participants to categorically eschew violence in all forms;
*. There is a need for cessation/suspension of hostilities/armed struggle/violence for peaceful negotiations to move forward;
*. That Governments, Administrations, Political Organisations and the security forces must do everything possible to create harmony, peace and a conciliatory climate for the Negotiation Process.
Aware:
That an invaluable opportunity now exists to decide on our future through a process of peaceful negotiations;
Now Therefore Declare:
That as from this 18th day of June 1993 we, the parties subscribing to this declaration, commit/recommit ourselves to peaceful resolution of conflict and, where applicable, cease/suspend any form of hostilities/armed struggle/violence in pursuance of political objectives and in the resolution of political differences and further ensure that the conduct and utterances of all are consistent with this declaration.