Under apartheid, blacks were excluded from national elections The Bantu Homelands Constitution Act in 1971 gave the government the authority to confer independence on territories identified as black homelands and blacks were expected to exercise their voting right in their homeland. In 1984, the Tricameral Parliament was introduced. This resulted in the establishment of the House of Delegates and the House of Representatives for Indian and Coloured South Africans respectively. These bodies had very limited powers.

In February 1990, President FW de Klerk announced the unbanning of political parties such as the African National Congress and the Pan Africanist Congress. Parties across the full spectrum of political backgrounds met to draw up a new constitution for the country in the negotiating forum, the Convention for a Democratic South Africa (CODESA). On the 8th of May 1996, this was adopted by the Government which had been elected in the first democratic election in 1994.

The material does not refer to all the constitutional changes prior to 1994, but rather concentrates on the development of the 1996 Constitution.

Unpublished material may only be quoted with the permission of the author.

The material dates from 1970 to 2001. Dates refer to the dates on the material.

The papers have been divided into four main categories under subject headings, these are:

Clippings which include popular newspaper and magazine articles.

Documents include pamphlets concerning the Vote No campaign, journal articles about constitutional reform, papers delivered at conferences and Hansard extracts.

Publications include government issued material and published reports and analyses.

Legislation contains working drafts and published Acts in respect of constitutional reform.

Black resistance to the apartheid government resulted in arrests and trials of many. A small number of white activists supported the anti-apartheid resistance and were the targets of state action. Resistance included campaigns against racist legislation such as the Anti-Pass Law Campaign in 1960. Robert Sobukwe, leader of the Pan-Africanist Congress was arrested that year. The African National Congress formed Umkhonto we Sizwe (MK, the spear of the nation) as the armed wing of the ANC, with Nelson Mandela undergoing military training. The SA Government outlawed black resistance movements and passed legislation in an attempt to curtail the growing resistance.

Kairos campaigns that dealt with trials and detentions include:

1975 Publicity campaign focussing on the SASO/BPC Trial. See 2.1.1.31. and 2.5.5.

1976 Publications about detentions in South Africa.

1977 Campaign against children in detention.

1980 Free Nelson Mandela Campaign. See 2.5.1.1.

1981 Several demonstrations against detentions and torture in South Africa in co-operation with other anti-apartheid organisations.

1982 Campaign against the death penalties for S Mogoerane, M Motaung, J Mosololi, D Moise, J Shabangu, A Tsotsobe. See 2.3.1.5. and 2.3.1.10.

1983 Workshop on political prisoners in South Africa. Campaign against death penalty for Benjamin Moloise See 2.3.1.14.

1983-1984 Trial of S Mkhatswha in the Ciskei. Kairos sends observer from the International Commission of Jurist to the trial. See 2.1.3.5.

1985 15 year Kairos Manifesto in Utrecht with Dr Beyers Naude. Special attention for political prisoners and the UDF.

1986 Campaign against children in detention. Distribution of 125000 protest cards addressed to PW Botha. Close co-operation with the Detainees Parents Support Committee. See 2.7.1.

1987 Continuation of campaigns against children in detention/violence against children. Dutch translation of the War against Children. Massive support from primary schools in the Netherlands. Campaign in support of the Save the patriots campaign. See 2.3.3.2.

1989 Campaign against the death penalty in South Africa with Joan Cameron and Simon Potsane.

1996 Truth and Reconciliation Commission research. See 2.2.2. and 2.2.4.1.

Subjects include, trials, detentions, executions, torture, death in detention, banning, conditions, campaigns, amnesty, released prisoners and the Truth and Reconciliation Commission.

The material dates from 1970 to 2000. Dates refer to the dates on the material and not the case dates. Some material is undated. Some detainees are named under more than one heading as the original files have been maintained.

Access restrictions apply to the TRC database files in 2.2.2.

Unpublished material may only be quoted with the permission of the author.

The material consists of newspaper clippings, copies of legal case records and state correspondence including conditions for release, letters and reports from NGOs, newsletters, journal articles and government legislation. There are pamphlets, books and bound reports covering most of the subject areas.

Consult the headings in 6. Human Rights for more information on security legislation, judicial process and Amnesty International.

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