Memorandum of Agreement for Reconciliation and Peace between the Inkatha Freedom party/Kwazulu Government and the African National Congress and the South African Government/National Party
- Country/entitySouth Africa
- RegionAfrica (excl MENA)
- Agreement nameMemorandum of Agreement for Reconciliation and Peace between the Inkatha Freedom party/Kwazulu Government and the African National Congress and the South African Government/National Party
- Date19 Apr 1994
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureGovernment
- Peace processSouth Africa peace process
- PartiesMANGOSUTHO G BUTHELEZI
President: Inkatha Freedom Party and Chief Minister of the KwaZulu Government
STATE PRESIDENT F W DE KLERK South African Government/National Party
PRESIDENT N MANDELA African National Congress - Third partiesWITNESSED BY: PROF W A J OKUMU
- DescriptionShort agreement outlining the commitment of the Inkatha Freedom Party to participate in National Assembly and Provincial Legislature elections. Emphasises the rejection of violence and the recognition of the Kingdom of KwaZulu/Natal, and the Provincial Constitution of KwaZulu/Natal. The South African Government agrees to give necessary facilities at the disposal of the Independent Election Commission. Addendum to agreement includes the amendment of section 160 of the Constitution and the amendment of Schedule 4 of Act 200 of 1993.
- Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→SubstantivePage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 3. The undersigned parties agree to recognise and protect the institution, status and role of the constitutional position of the King of the Zulus and the Kingdom of KwaZulu, which institutions shall be provided for in the Provincial Constitution of KwaZulu/Natal immediately after the holding of the said elections. The 1993 Constitution shall for this purpose be amended before 27 April in accordance with Addendum A. - Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→General referencesPage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 3. The undersigned parties agree to recognise and protect the institution, status and role of the constitutional position of the King of the Zulus and the Kingdom of KwaZulu, which institutions shall be provided for in the Provincial Constitution of KwaZulu/Natal immediately after the holding of the said elections. The 1993 Constitution shall for this purpose be amended before 27 April in accordance with Addendum A.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 4. Any outstanding issues in respect of the King of the Zulus and the 1993 Constitution as amended will be addressed by way of international mediation which will commence as soon as possible after the said elections.
Page 2, ADDENDUM A Amendment of section 160 of Act 200 of 1993.
1. Section 160 of the Constitution is hereby amended by the substitution for the proviso to subsection (3) of the following provision:
"Provided that a provincial constitution may - (a) provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province; and, (b) where applicable, provide for the institution, role, authority and status of a traditional monarch in the province, and shall make such provision for the Zulu Monarch in the case of the province of KwaZulu/Natal".
Amendment of Schedule 4 to Act 200 of 1993
2. Schedule 4 to the Constitution is hereby amended by the addition of the following paragraph to constitutional principle XIII:
"Provisions in a provincial constitution relating to the institution, role, authority and status of a traditional monarch shall be recognised and protected in the Constitution". - ElectionsPage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
1. The Inkatha Freedom Party agrees to participate in the April 26-28, 1994 elections for both the National Assembly and Provincial Legislatures.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 2. All the undersigned parties reject violence and will therefore do everything in their power to ensure free and fair elections throughout the Republic of South Africa.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 5. The South African Government undertakes to place the necessary facilities at the disposal of the Independent Electoral Commission (IEC) as it may require in order to facilitate the full participation of the IFP in the April 26-28, 1994 election.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 5. The South African Government undertakes to place the necessary facilities at the disposal of the Independent Electoral Commission (IEC) as it may require in order to facilitate the full participation of the IFP in the April 26-28, 1994 election.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 6. The undersigned parties will facilitate proper provision for: i) Registration of the IFP ii) The IFP Candidates list iii) Marking by voters of ballot papers.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
.. The undersigned parties hereby undertake to abide by the technical arrangements to be made by the Independent Electoral Commission to implement the matters referred to in subparagraphs (i), (ii) and (iii) above in accordance with the details set out in Addendum B. - Electoral commissionPage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 5. The South African Government undertakes to place the necessary facilities at the disposal of the Independent Electoral Commission (IEC) as it may require in order to facilitate the full participation of the IFP in the April 26-28, 1994 election.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
.. The undersigned parties hereby undertake to abide by the technical arrangements to be made by the Independent Electoral Commission to implement the matters referred to in subparagraphs (i), (ii) and (iii) above in accordance with the details set out in Addendum B. - Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leadersPage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 3. The undersigned parties agree to recognise and protect the institution, status and role of the constitutional position of the King of the Zulus and the Kingdom of KwaZulu, which institutions shall be provided for in the Provincial Constitution of KwaZulu/Natal immediately after the holding of the said elections. The 1993 Constitution shall for this purpose be amended before 27 April in accordance with Addendum A.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 4. Any outstanding issues in respect of the King of the Zulus and the 1993 Constitution as amended will be addressed by way of international mediation which will commence as soon as possible after the said elections.
Page 2, ADDENDUM A Amendment of section 160 of Act 200 of 1993.
1. Section 160 of the Constitution is hereby amended by the substitution for the proviso to subsection (3) of the following provision:
"Provided that a provincial constitution may - (a) provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province; and, (b) where applicable, provide for the institution, role, authority and status of a traditional monarch in the province, and shall make such provision for the Zulu Monarch in the case of the province of KwaZulu/Natal".
Amendment of Schedule 4 to Act 200 of 1993
2. Schedule 4 to the Constitution is hereby amended by the addition of the following paragraph to constitutional principle XIII:
"Provisions in a provincial constitution relating to the institution, role, authority and status of a traditional monarch shall be recognised and protected in the Constitution". - Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 3. The undersigned parties agree to recognise and protect the institution, status and role of the constitutional position of the King of the Zulus and the Kingdom of KwaZulu, which institutions shall be provided for in the Provincial Constitution of KwaZulu/Natal immediately after the holding of the said elections. The 1993 Constitution shall for this purpose be amended before 27 April in accordance with Addendum A.
Page 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 4. Any outstanding issues in respect of the King of the Zulus and the 1993 Constitution as amended will be addressed by way of international mediation which will commence as soon as possible after the said elections.
Page 2, ADDENDUM A Amendment of section 160 of Act 200 of 1993.
1. Section 160 of the Constitution is hereby amended by the substitution for the proviso to subsection (3) of the following provision:
"Provided that a provincial constitution may - (a) provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province; and, (b) where applicable, provide for the institution, role, authority and status of a traditional monarch in the province, and shall make such provision for the Zulu Monarch in the case of the province of KwaZulu/Natal".
Amendment of Schedule 4 to Act 200 of 1993
2. Schedule 4 to the Constitution is hereby amended by the addition of the following paragraph to constitutional principle XIII:
"Provisions in a provincial constitution relating to the institution, role, authority and status of a traditional monarch shall be recognised and protected in the Constitution".
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security GuaranteesPage 1, We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
... 2. All the undersigned parties reject violence and will therefore do everything in their power to ensure free and fair elections throughout the Republic of South Africa. - Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceUniversity of Pennsylvania, African Studies Center
https://www.africa.upenn.edu/Govern_Political/ANC_18598.html
MEMORANDUM OF AGREEMENT FOR RECONCILIATION AND PEACE BETWEEN THE INKATHA FREEDOM PARTY/KWAZULU GOVERNMENT AND THE AFRICAN NATIONAL CONGRESS AND THE SOUTH AFRICAN GOVERNMENT/NATIONAL PARTY.
We, the undersigned, pledge ourselves to Peace and Reconciliation in South Africa and agree to commit ourselves to the following:
1. The Inkatha Freedom Party agrees to participate in the April 26-28, 1994 elections for both the National Assembly and Provincial Legislatures.
2. All the undersigned parties reject violence and will therefore do everything in their power to ensure free and fair elections throughout the Republic of South Africa.
3. The undersigned parties agree to recognise and protect the institution, status and role of the constitutional position of the King of the Zulus and the Kingdom of KwaZulu, which institutions shall be provided for in the Provincial Constitution of KwaZulu/Natal immediately after the holding of the said elections.
The 1993 Constitution shall for this purpose be amended before 27 April in accordance with Addendum A.
4. Any outstanding issues in respect of the King of the Zulus and the 1993 Constitution as amended will be addressed by way of international mediation which will commence as soon as possible after the said elections.
5. The South African Government undertakes to place the necessary facilities at the disposal of the Independent Electoral Commission (IEC) as it may require in order to facilitate the full participation of the IFP in the April 26-28, 1994 election.
6. The undersigned parties will facilitate proper provision for:
i) Registration of the IFP ii) The IFP Candidates list iii) Marking by voters of ballot papers.
The undersigned parties hereby undertake to abide by the technical arrangements to be made by the Independent Electoral Commission to implement the matters referred to in subparagraphs (i), (ii) and (iii) above in accordance with the details set out in Addendum B.
This agreement shall be implemented with immediate effect.
SIGNED BY:
MANGOSUTHO G BUTHELEZI President:
Inkatha Freedom Party and Chief Minister of the KwaZulu Government
STATE PRESIDENT F W DE KLERK South African Government/National Party
PRESIDENT N MANDELA African National Congress
WITNESSED BY:
PROF W A J OKUMU
19 April 1994
ADDENDUM A
Amendment of section 160 of Act 200 of 1993.
1. Section 160 of the Constitution is hereby amended by the substitution for the proviso to subsection (3) of the followingproviso:
"Provided that a provincial constitution may - (a) provide for legislative and executive structures and procedures different from those provided for in this Constitution in respect of a province;
and, (b) where applicable, provide for the institution, role, authority and status of a traditional monarch in the province, and shall make such provision for the Zulu Monarch in the case of the province of KwaZulu/Natal".
Amendment of Schedule 4 to Act 200 of 1993
2. Schedule 4 to the Constitution is hereby amended by the addition of the following paragraph to constitutional principle XIII:
"Provisions in a provincial constitution relating to the institution, role, authority and status of a traditional monarch shall be recognised and protected in the Constitution".