D.F. Malan Accord and Joint Statement by the State President, Mr F W De Klerk, and Mr Mandela, Deputy, President of the African National Congress

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Country/entity: South Africa
Region: Africa (excl MENA)
Agreement name: D.F. Malan Accord and Joint Statement by the State President, Mr F W De Klerk, and Mr Mandela, Deputy, President of the African National Congress
Date: 12 Feb 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Post Apartheid South Africa and Namibian Independence (1990 - 1994)
South Africa – internal. The roots of the modern South African conflict are found in the British and Dutch colonization of Southern Africa, which resulted in the introduction of a white minority who soon held power in the region. The South African state emerged following a hard-fought pact between the British government and the white Afrikaner minority. ‘Apartheid’ – the Afrikaans word for separateness – became official government policy after 1948. Resistance to this system was widespread and took diverse forms. In 1912, the African National Congress (ANC) was formed to push for reforms in the country. After the 1960 Sharpeville massacre several organisations around the ANC took up arms and began to fight the Apartheid government using violent means. During the 1980s, President P.W. Botha introduced a reform policy that enabled the post-1990 peace agreements, which paved the way for the end of the apartheid system.

South Africa- Namibia. One set of agreements relates to the independence of Namibia which followed from the end of apartheid.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: South Africa peace process
Parties: Joint statement by the State President, Mr F. W. de Klerk, Mr Nelson Mandela, Deputy President of the African National Congress
Third parties: -
Description: Report of the Working Group under para. 3 of the Pretoria Minute. Sets out the terms of the ANC's suspension of armed activities and commitment to exclusively peaceful means.

Agreement document: ZA_910212_Malan Accord.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1,
5. (c) The Working Group:
(i) agreed that the population at large has a right to express its views through peaceful demonstrations;
... (iii) further agreed that peaceful political activities and stability must be promoted;
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

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: Page 2,
7. It is understood that nothing in or omitted from the agreement will be construed as invalidating or suspending the provisions of my law applicable in South Africa.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Vote and take part
Page 1,
5 ... (c) The Working Group:
(i) agreed that the population at large has a right to express its views through peaceful demonstrations;
(ii) further agreed that it is urgent and imperative that violence and intimidation from whatever quarter accompanying mass action should be eliminated;
(iii) further agreed that peaceful political activities and stability must be promoted;
(iv) further agreed that to this end joint efforts should be made to implement the intentions contained in paragraphs 5 of the Groote Schuur and the Pretoria Minutes to ensure that grievances and conflict-creating situations are timeously addressed.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1,
5 ... (b) The Working Group:
(i) agreed that the democratic process implies and obliges all political parties and movements to participate in this process peacefully and without resort to the use of force;
(ii) therefore accepted the principle that in a democratic society no political party or movement should have a private army;
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 2,
7. It is understood that nothing in or omitted from the agreement will be construed as invalidating or suspending the provisions of my law applicable in South Africa.
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 Guarantees: Page 1,
1. The Working Group was established under paragraph 3 of the Pretoria Minute, which reads as follows:
In the interest of moving as speedily as possible towards a negotiated peaceful political settlement and in the context of the agreements reached, the ANC announced that it was now suspending all armed actions with immediate effect. As a result of this, no further armed actions and related activities by the ANC and its military wing, uMkhonto we Sizwe will take place. It was agreed that a Working Group would be established to resolve all outstanding questions arising out of this decision to report by 15 September 1990. Both sides once more committed themselves to do everything in their power to bring about a peaceful solution as quickly as possible.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1,
4. With reference to the word 'suspending’ as used in paragraph 3 of the Pretoria minute, the Working Group reiterated what was said in paragraph 4 of its Interim Report, namely that suspension occurred as a step in the process of finding peaceful solutions, with the presumption that the process would lead to the situation where there would be no return to armed action.

Page 1,
5. (a) Under the terms of suspension of 'armed action’ and 'related activities' by the ANC, with specific reference also to Umkhonto we Sizwe and its organised military groups and armed cadres, it was agreed that the following will not take place:
(i) Attacks by means of armaments, firearms explosive or incendiary devices
(ii) Infiltration of men and material
(iii) Creation of underground structures
(iv) Statements inciting violence (v) Threats of armed action
(vi) Training inside South Africa
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1,
5 ... (iv) noted that by virtue of the fact that uMkhonto we Sizwe is no longer an unlawful organisation, membership thereof is not in violation of any of the provisions of paragraph 3 of the Pretoria Minute and the letter and spirit of the Pretoria Minute as a whole;
(v) noted the historical fact that the ANC and uMkhonto we Sizwe had placed arms and cadres within the country;
(vi) agreed that in the context of paragraph 5(b) (ii), (iii) and (iv) above, it was vital that control over such cadres and arms be exercised to ensure that no armed actions or related activities occur;
(vii) further agreed that in the context of paragraph 5 (b) (ii), (iii) and (iv) above, a phased process be initiated in order to enable these cadres of the ANC to resume their normal lives and also facilitate and legalise control over the arms and the process to ensure such legality will immediately be taken further by the Working Group;
(viii) agreed that where applicable, individual weapons shall be licensed in terms of existing legislation;
(ix) further agreed that the security forces take cognisance of the suspension of armed action and related activities and that the parties hereto will remain in close liaison with one another according to the procedure prescribed in 6(a) of this document with a view to ensuring prompt and efficient reporting, investigation and redressing, where applicable, of all allegations of unlawful activities or activities contrary to the spirit of this agreement, by the security forces.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1,
5. (b) The Working Group:
(ii) therefore accepted the principle that in a democratic society no political party or movement should have a private army;
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: Page 1,
1. The Working Group was established under paragraph 3 of the Pretoria Minute, which reads as follows:
In the interest of moving as speedily as possible towards a negotiated peaceful political settlement and in the context of the agreements reached, the ANC announced that it was now suspending all armed actions with immediate effect. As a result of this, no further armed actions and related activities by the ANC and its military wing, uMkhonto we Sizwe will take place. It was agreed that a Working Group would be established to resolve all outstanding questions arising out of this decision to report by 15 September 1990. Both sides once more committed themselves to do everything in their power to bring about a peaceful solution as quickly as possible.

Page 2,
8. It is recommended that this Working Group be continued to supervise the implementation of this agreement relating to paragraph 3 and the activities of the Liaison Committee and to give attention to further matters that may arise from the implementation of this agreement, such as proposed defence units.
Related cases: No specific mention.
Source: Originally sourced from ANC website: www.anc.org.za [no longer available from this source].
Also available from the O'Malley archive hosted by the Nelson Mandela Centre of Memory:
https://omalley.nelsonmandela.org/omalley/index.php/site/q/03lv02039/04lv02103/05lv02109/06lv02110.htm

The D. F. Malan Accord, 12 February 1991.

Report of the working group under paragraph three of the Pretoria Minute

1. The Working Group was established under paragraph 3 of the Pretoria Minute, which reads as follows:

In the interest of moving as speedily as possible towards a negotiated peaceful political settlement and in the context of the agreements reached, the ANC announced that it was now suspending all armed actions with immediate effect.

As a result of this, no further armed actions and related activities by the ANC and its military wing, uMkhonto we Sizwe will take place.

It was agreed that a Working Group would be established to resolve all outstanding questions arising out of this decision to report by 15 September 1990.

Both sides once more committed themselves to do everything in their power to bring about a peaceful solution as quickly as possible.

2. Having decided that it would not have been possible to submit a final report by the 15th September 1990, aninterim report was brought out on 13 September 1990.

3. Since then a number of meetings have taken place.

This report was finalised at a meeting on the 12th of February 1991.

4. With reference to the word 'suspending’as used in paragraph 3 of the Pretoria minute, the Working Group reiterated what was said in paragraph 4 of its Interim Report, namely that suspension occurred as a step in the process of finding peaceful solutions, with the presumption that the process would lead to the situation wherethere would be no return to armed action.

5. ( a) Under the terms of suspension of 'armed action’ and 'related activities' by the ANC, with specific reference also to Umkhonto we Sizwe and its organised military groups and armed cadres, it was agreed that thefollowing will not take place:

(i) Attacks by means of armaments, firearms explosive or incendiary devices

(ii) Infiltration of men and material

(iii) Creation of underground structures

(iv) Statements inciting violence

(v) Threats of armed action

(vi) Training inside South Africa

(b)The Working Group:

(i) agreed that the democratic process implies and obliges all political parties and movements to participate inthis process peacefully and without resort to the use of force;

(ii) therefore accepted the principle that in a democratic society no political party or movement should have a private army;

(iii) noted that the ANC had, in good faith and as a contribution to the process of arriving at a peaceful settlement announced the suspension of all armed actions and related activities, with the presumption that the process would lead to the situation where there would be no return to armed action;

(iv) noted that by virtue of the fact that uMkhonto we Sizwe isno longer an unlawful organisation, membershipthereof is not in violation of any of the provisions of paragraph 3 of the Pretoria Minute and the letter and spiritof the Pretoria Minute as a whole;

(v) noted the historical fact that the ANC and uMkhonto we Sizwe had placed arms and cadres within the country;

(vi) agreed that in the context of paragraph 5(b) (ii), (iii) and (iv) above, it was vital that control over suchcadres and arms be exercised to ensure that no armed actions or related activities occur;

(vii) further agreed that in the context of paragraph 5 (b) (ii), (iii) and (iv) above, a phased process be initiated inorder to enable these cadres of the ANC to resume their normal lives and also facilitate and legalise control overthe arms and the process to ensure such legality will immediately be taken further by the Working Group;

(viii) agreed that where applicable, individual weapons shall be licensed in terms of existing legislation;

(ix) further agreed that the security forces take cognisance of the suspension of armed action and relatedactivities and that the parties hereto will remain in close liaison with one another according to the procedureprescribed in 6(a) of this document with a view to ensuring prompt and efficient reporting, investigation andredressing, where applicable, of all allegations of unlawful activities or activities contrary to the spirit of thisagreement, by the security forces.

(i) agreed that the population at large has a right to express its views through peaceful demonstrations;

(ii) further agreed that itis urgent and imperative that violence and intimidation from whatever quarter accompanying mass action should be eliminated;

(iii) further agreed that peaceful political activities and stability must be promoted;

(iv) further agreed that to this end joint efforts should be made to implement the intentions contained inparagraphs 5 of the Groote Schuur and the Pretoria Minutes to ensure that grievances and conflict-creatingsituations are timeously addressed.

6. ( a) The Working Group agreed that designated members of the ANC would work with governmentrepresentatives in a Liaison Committee to implement this agreement, and that the existing nominated SAP and ANC liaison officials appointed in accordance with paragraph 5 of the Groote Schuur Minute shall serve assupporting structure of the Liaison Committee.

(b) It is agreed that this agreement will be implemented forthwith and its objectives attained as speedily aspossible. (

c)Itis further agreed that in view of the above the process of attaining the objectives contained in paragraph 2of the Pretoria Minute will be realised according to the procedures contained in that minute.

7. It is understood that nothing in or omitted from the agreement will be construed as invalidating or suspending the provisions of my law applicable in South Africa.

8. Itis recommended that this Working Group be continued to supervise the implementation of this agreementrelating to paragraph 3 and the activities of the Liaison Committee and to give attention to further matters that may arise from the implementation of this agreement, such as proposed defence units.

Joint statement by the State President, MrF.W. de Klerk, Mr Nelson Mandela, Deputy President of the African National Congress Delegations led by President F W de Klerk and the Deputy President of African National Congress, Mr Nelson Mandela, met in Cape Town today.

The problems experienced by the Working Group dealing with paragraph 3 of the Pretoria Minute, werere solved and agreement was reached with regard to the most pertinent points.

It was agreed that there was a need for ongoing consultation with the Working Group.

The Cabinet and the National Executive Committee of the ANC will consider the document containing the agreement and whenapproved a full text will be released immediately.

ISSUED BY THE OFFICE OF THE STATE PRESIDENT CAPE TOWN 12 FEBRUARY 1991