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["04-17-1994 08:31", "212 373 2315", "P.04", "PAUL, WEISS, RIFKIND, WHARTON & GARRISON", "1285 AVENUE OF THE AMERICAS", "NEW YORK, NEW YORK 10019-6064", "TELEPHONE (212) 373-8000", "FACSIMILE (212) 787-9980", "TELEX WUI 666-643", "LLOYD K. GARRISON (1946-1981)", "RANDOLPH E. PAUL (1946-1956)", "LOUIS S. WEISS (1927-1980)", "JOHN F. WHARTON (1927-1977)", "MORRIS B. ABRAH", "JEROME ALAN COHEN", "EDWARD N. COSTIKYAN", "ADRIAN W. DEWIND", "JAY GREENFIELD", "A. LEON HIGGINSBOTHAM, JR.", "JOSEPH B. ISEMAN", "JAMES B. LEWIS", "ROBERT H. MONTGOMERY, JR.", "PAUL J. NEWLON", "MORDECAI ROCHLIN", "HOWARD A. GEITZ", "SAMUEL J. SILVERMAN", "JOHN C. TAYLOR, 3RD", "NORMAN ZELENKO", "COUNSEL", "RICHARD DEHÉ**", "PHILIPPE JAMBRUN**", "PIERRE PETIT**", "EUROPEAN COUNSEL", "WRITER'S DIRECT DIAL NUMBER", "(212) 373-3135", "1615 L STREET, NW", "WASHINGTON, DC 20036-8604", "TELEPHONE (202) 233-7300", "FACSIMILE (202) 233-7420", "100, BOULEVARD SAINT-GERMAIN", "75007 PARIS, FRANCE", "TELEPHONE (33-1) 45-48-33-65", "FACSIMILE (33-1) 43-22-64-39", "AKASAKA TWIN TOWER", "17-23, AKASAKA 2 CHOME", "MINATO-KU, TOKYO 107, JAPAN", "TELEPHONE (81-3) 3806-0291", "FACSIMILE (81-3) 3806-4840", "SUITE 1810 SCITE TOWER", "23 JIANGUOMENWAI DAJIE", "BEIJING, 100004", "PEOPLE'S REPUBLIC OF CHINA", "TELEPHONE (86-1) 812-828-30", "FACSIMILE (86-1) 812-828-91", "NEALE M. ALBERT", "MARK H. ALCOTT", "ALLAN J. ARFFA", "JONATHAN R. BELL", "DANIEL J. SELLER", "MARK A. BELNICK", "MITCHELL L. BERG", "MARK S. BERGMAN", "BRUCE BIRNEMAN", "ALLAN BLUMSTEIN", "RICHARD S. BORISOFF", "JOHN F. BREGLIOLI", "DAVID C. BRODHEAD", "RICHARD J. BRONSTEIN", "JOSEPH E. BROWDY", "CAMERON CLARK", "LEWIS R. CLAYTON", "JAY COHEN", "ROBERT B. DRESE", "JAMES M. DUBIN", "LESLIE GORDON FAGEN", "DOMINIQUE FARGUE**", "PETER L. FELCHER", "GEORGE P. FELLEMAN", "BERNARD FINHELSTEIN", "MITCHELL E. FISHMAN", "ROBERT C. FLEDER", "MARTIN PLUMENBACH", "TERENCE J. FONFONE", "MAX GITTER", "ERIC C. GEISTEIN", "BERNARD H. GREENE", "GAINES GWATKIN, III", "ALBERT P. HAN", "GERARD E. HARPER", "SEYMOUR HERTZ", "ROBERT M. HINNIG", "JEN CHARLES JOHNSON", "ARTHUR KALISH", "MEREDITH J. KANE", "LEWIS A. KAPLAN", "BRAD S. KAMP", "ALAN W. KORNEERG", "RUBEN KRAEM", "ANTHONY S. KUKLIN", "DAVID K. LAKHDHIR", "STEVEN S. LANDERS", "JOHN E. LANGE", "ROBERT L. LAUFER", "DANIEL J. LEFFEL", "WALTER F. LEINHARDT", "ARTHUR L. LINAN", "MARTIN LONDON", "EDWIN S. MAYNARD", "JOHN P. MCENROK", "COLLEEN MCMAHON", "ROBERT E. MONTGOMERY, JR.", "DONALD F. MOORE", "TOBY S. MYERSON", "MATTHEW NIMETZ", "KEVIN O'BRIEN", "LIONEL H. OLMER*", "JOHN J. O'NEIL", "STUART I. GRAN", "MARC E. PERLMUTTER", "DEBORAH E. PRUTZMAN", "JAMES L. PURCELL", "LEONARD V. QUIGLEY", "CAREY R. RAMOS", "CARL R. REISNER", "WALTER RIEMAN", "SIMON H. RIFKIND", "STUART ROBINOWITZ", "SIDNEY S. ROBEITCHER", "RICHARD A. ROSEN", "STEVEN B. ROSENPELO", "JOYCE L. ROTHENBERG", "ERNEST RUBENSTEIN", {"bbox": [898,

04-17-1994 08:31

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PAUL. WEISS, RIFKIND, WHARTON & CARRISON

Mr. Colin Coleman

than thirty TV cameras, innumerable photographers and scores of distinguished
journalists. As we all expect of him, Dr. Kissinger's comments were appropriate and
insightful and were perfectly balanced, so that the panel could move forward without
any problem. However, when Dr. Mangosuthu Buthelezi arrived, and it was
announced that he had a prepared statement he wanted to make to the media and in
our presence, I was leery as to whether the process was starting to tilt with too much
media exposure and media manipulation. With Dr. Buthelezi's statement, which his
adversaries had to consider partisan and distorted, in our presence he was initiating a
media event that would become a catalyst for the other parties to seek equal media
exposure, so that they could stress their virtues and good faith in seeking a rational
resolution and also offer diatribes about the deficiencies of their adversaries.

In the future, I suggest that there is no necessity for any press
coverage, except at the conclusion of a hopefully successful mediation. We were not
there as ambassadors to present our credentials to the world under the comforting
glow of TV lights. We were there to get down to business on a most serious matter
and to do so with maximum expedition. In the future, every effort must be made to
avoid all public media exposure, because each media event becomes an insipid
catalyst to generate other media events and questions from roving reporters. It was
clearly appropriate for Dr. Kissinger and Lord Carrington to visit each of the three
parties; however, the stories and photographs on the front pages of the newspapers
and the repeated coverage of their visits on the TV stations merely accentuated the
fact that we had not as yet proceeded to have an actual mediation process. The irony
of this week was that our entire team of mediators had two full press sessions, and
Dr. Kissinger and Lord Carrington (and, perhaps, in some instances, Chief Justice
Bhagwati was present), had further sessions that received the media's attention. Yet,
despite all of that coverage, we left South Africa without having heard one shred of
evidence from even one witness in any formal session of the panel. Perhaps it would
have made no difference in the final results of the mediation, but I submit that in the
future, there should either be no press coverage, or a bland statement released by the
Secretariat at the initiation of the process.

2. Terms of Reference

First, I want to stress again that your office handled the terms of
reference adequately. However, we can all learn from events that were not
anticipated. In the future, there must be precise terms of reference signed and
approved by the highest ranking officials for each party, and anyone who had not
signed in on such a term of reference should not be permitted to join later, unless by
(1) agreement of all of the parties, and (2) unless the new party seeking entry makes

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Mr. Colin Coleman

3

an explicit agreement of acceptance of the terms of reference that the other parties had approved. Even if the terms of reference are amended by agreement, the panel should have the discretion as to whether it will accept the proposed amendment. Mediators and advisers who come from six or seven countries prepared to focus on a few aspects should not be entrapped with facilitating what may be a different and far more complex agenda than had been anticipated with their original acceptance.

I think the terms of reference confusion was caused **solely** by the South African government's attempt to enter into the proceedings late, and then not accepting the original terms of reference. They changed the agenda and, in effect, injected variables that triggered efforts to renegotiate the original agreement and caused the ANC to modify their former agreement. If the South African government had not submitted their modifications, I believe the mediation would have gone on without any difficulty, though, of course, I do not know what the final results of the mediation would have been.

### 3. Number of Mediators

You would probably be better off to have the parties agree unanimously to choose **only** one person as the mediator. If there is a unanimous choice of that person, then the matter should proceed with the mediator having the option of calling in as consultants individuals who have expertise on any matter involved in the process. The mediator chosen should be knowledgeable about South Africa. After consultation with the parties, s/he should have the inherent authority to set the entire protocol, the time schedules, and the contemplated date for closure. In my own mediation matters, the parties know that, as a condition precedent for my acceptance of the mediation assignment, I would have to have the power to deal with such issues. Thus, with the filing of the first pre-mediation order, and even before the mediation starts, I eliminate many collateral arguments as to how the mediation should proceed.

If the parties cannot agree on having only one mediator, it is questionable whether it is ever advantageous to have more than three mediators. The mediators need not be world famous, but must have sufficient expertise and available time to give the matter careful thought before and during the mediation proceedings. If you have more than one mediator, the chairperson should be designated in advance and, thus, the chairperson can do some preliminary planning.

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Mr. Colin Coleman

4

4. The Venue

In the future, the venue should be, just as you had planned, at a facility that assures privacy and thoughtful deliberations where the media cannot intrude.

As I said at the closing press conference, I believe that South Africa can solve its problems and there are many individuals of good will that want to assist in that effort. South Africa can become a model to the world and demonstrate how a fractured society can move to a rational resolution of their difficulties. Of course, such success is dependent primarily on the good faith and tenacity of all the major parties; within such a context, the mediation process can be helpful if used selectively and if proceeded in a low profile style.

I am writing this letter immediately upon my return, and, without sufficient time to reflect on our experience of this week. I hope you recognize that I am not critical of your staff in any way. You were superb. I merely want to give you my thoughts as to how future mediations can be structured.

As I noted at the press conference, I am grateful to Dr. Kissinger for the superb leadership he gave this project and I was delighted to be a member of the team. I regret that the team was not able to ever enter the arena of actual mediation to make at least a valiant effort toward resolution. I look forward to our staying in touch. If Michael Higginbotham or I can be of assistance in any way in the future, we would be delighted to do so. It is probably best to contact him as follows: Professor F. Michael Higginbotham, University of Baltimore School of Law, 1420 North Charles Street, Baltimore, MD 21201-5779, telephone (410) 837-4649, facsimile (410) 837-4560.

With best regards, I am

ALH:cd

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Mr. Colin Coleman

5

cc:

Via Facsimile
Justice P.N. Bhagwati
Professor Jean-Antoine Laponce
Professor Antonio La Pergola
The Rt. Hon. Lord Carrington
Dr. Henry A. Kissinger
Professor Paul Kevenhorster
H.E. Dr. Princeton N. Lyman
Professor F. Michael Higginbotham

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BRITISH AMBASSADOR

003/005

UK RESTRICTED

SOUTH AFRICA: INTERNATIONAL MEDIATION

1. Buthelezi appears keen on Lord Carrington as a mediator. But Inkatha have failed to meet deadline for registration of candidates and Buthelezi's intentions therefore remain unclear. Some important conditions will need to be met before mediation could be attempted.

2. Lord Carrington and I [Sir Anthony Reeve] met with Buthelezi in Durban on 11 March. Buthelezi received him warmly. He mentioned early on in the conversation that he had heard Lord Carrington spoken of as a possible mediator and said that he would certainly welcome this. Buthelezi did not refer to anyone else by name. He said that his original idea had been for some international lawyers, but he now accepted that it would be possible to combine these with some "eminent people".

3. In response to questions Buthelezi confirmed that he would be prepared to take part in the elections if the outstanding problems could be resolved through mediation. These were essentially the items listed in the IFP's paper of 19 December (powers and functions of the provinces and the ways of entrenching these) plus the separate issue of the status of the Zulu king. The IFP's talks with the ANC about mediation should, in his view, continue despite Viljoen having publicly stated that they had been suspended because of the situation in Bop. He himself was not up to speed on the talks but was expecting a progress report shortly.

4. Buthelezi made clear that he entirely accepted the need for the Government to give its blessing to the idea of mediation. It would simply not be possible to proceed if De Klerk, as Head of State, remained opposed to it.

5. I pointed out that the deadline for the submission of at least a preliminary party list expired later that evening. Judge Kriegler had told me that if a party did not submit at least one name, it would have to be removed from the ballot paper for which printing was to begin on 12 March. Buthelezi made no response (and Inkatha have not in the event submitted a list by the deadline). Nor at any stage did Buthelezi indicate how the concept of mediation was to be reconciled with an election date of 27 April. I said that it would clearly be essential for any mediators to be assured that the door to election participation remained open : otherwise they would all be wasting their time. Buthelezi

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BRITISH ASSASSIN

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agreed but again declined to be drawn.

6. Lord Carrington's views on mediation are very similar to Dr Kissinger's. He too would prefer a small group which would include Dr Kissinger as well as himself, though he also thinks that an African (but not Nyerere) might be needed for political/presentational reasons.

7. It is very difficult to judge the prospects for success. They depend crucially on whether Buthelezi is seeking a face-saving device to allow him to participate or whether he is merely stalling with no serious intention of coming in. After many discussion with him, I still cannot answer that question. Another essential point will be to establish that the door has not closed on IFP participation in the elections because of time constraints. The difficulty here is not the legislation, which could always be amended, but the technical/practical problem of printing the ballot papers in time. The idea of some sub-contracting by De La Rue has been mentioned in the press as one possible way of deferring the deadline. In any case this is a matter for the IFP and ANC to work out before they approach the mediators. The same applies to any question of postponing the election if that were what was required to bring the IFP in. It would seem to me important for mediators to avoid involvement in this issue which will clearly be highly controversial domestically.

8. To summarise, I suggest that the following are the essential points on which Lord Carrington would need assurances before agreeing to participate in mediation:

(i) there must be a request from all three parties, preferably endorsed by the TEC;

(ii) the terms of reference for the mediators must be clearly spelled out. For example these will need to specify whether the mediators should get involved in areas extending beyond Inkatha's participation. It would in my view be very difficult to get embroiled over eg. a Volkstaat for the Afrikaners;

(iii) Lord Carrington would obviously need to know in advance who the other mediators were to be. The inclusion of Dr Kissinger might be a sine qua non for his own participation;

(iv) It must be clear that, if the mediation is successful, there will still be time for the IFP

UK RESTRICTED

KISSINGER ASSOCIATES
350 PARK AVENUE
NEW YORK NY 10022-6022

(212) 759-7919

FACSIMILE: (212) 759-0042

FACSIMILE COVER SHEET

NO. OF PAGES: 2 DATE: March 31, 1994
(Including this one)

RECIPIENT:

NAME: Dr. Mario G.R. Oriani-Ambrosini
LOCATION: Attn.: Mrs. Sue Felgate
FAX NO.:

SENDER:

NAME: Suzanne S. McFarlane
Executive Assistant

MESSAGE:

Dear Dr. Oriani-Ambrosini:

Dr. Kissinger asks if you would be kind enough to
transmit the letter following to Mr. Mangosuthu Buthelezi.

With appreciation,

FACSIMILE COVER SHEET

NO. OF PAGES:
(Including this one)

3

DATE:

RECIPIENT:

NAME:

Aub. April Glaspie

LOCATION:

FAX NO.:

SENDER:

NAME: Suzanne S. McFarlane

MESSAGE:

(212) 759-7919

FACSIMILE: (212) 759-0042

FACSIMILE COVER SHEET

DATE: March 31, 1994

RECIPIENT:

NAME: Mr. Colin Coleman
LOCATION: International Mediation Forum
FAX NO.:

SENDER:

MESSAGE:

Dear Mr. Coleman:

Dr. Kissinger asks if you would be kind enough to
transmit the letter following to Mr. Nelson Mandela.

With appreciation,

APR 05 '94 01:29PM C B M HEAD OFFICE

International
Mediation
Forum

5 April 1994.

Dr Henry A. Kissinger
350 Park Avenue
New York, N.Y.
10022

Dear Dr Kissinger

The Joint Planning Committee of the ANC and IFP working on the international mediation met last night, 4 April 1994, to consider the recommendation made by a number of mediators that closer agreement should be sought on the terms of reference for the mediation.

It was resolved to delay the start of the mediation until the evening of Tuesday, 12 April (SA time). It is hoped that the Leaders Summit (Dr Buthelezi, Mr de Klerk, Mr Mandela and Zulu King Goodwill Zwelithini) to be held this Friday/Saturday will be a forum in which greater consensus on the Terms of Reference and purpose of the mediation can be sought. A meeting of the Joint Working Committee will then be held on Sunday, 10 April, to assess progress, whereafter we will advise you whether the Mediation can proceed. Our office will in the interim rearrange your travel bookings and advise you accordingly.

At this stage, the mediation is not envisaged to continue beyond the 22 April despite the
delayed start date.

The Secretariat and parties remain committed to the process and apologise for any inconvenience that this will cause you, but we have to appeal nonetheless that pending the decision on Sunday, you keep your diary free for the period 11 to 22 April in the event that a decision to go ahead with the mediation is taken. You will be advised on Sunday, 10 April, as soon as a decision is taken, whereafter it will be necessary to travel within a matter of the next 24 hours.

☎ (011) 614-2213

FAX: (011) 618-2079

PG Centre, 322 Main Road, JEPPESTOWN

Page : 2

Other details regarding the venue remain as per our most recent facsimile.

As always, we remain committed to the process and look forward to meeting you in South Africa next week, should the mediation proceed.

COLIN COLEMAN
DIRECTOR : SECRETARIAT

cc: Ms P Clapp
American Embassy

African National Congress

51 Plein Street
Johannesburg 2001
P O Box 61884
Marshalltown 2107

Tel: (011) 330-7273
(011) 330-7052
Fax: (011) 333-7739
Telex: 421252

OFFICE OF THE PRESIDENT

31 MARCH 1994

DR HENRY KISSINGER
350 Park Avenue
New York, N.Y.
10022

Dear Dr Kissinger

RE: INTERNATIONAL MEDIATION FOR A DEMOCRATIC SOUTH AFRICA

The Inkatha Freedom Party and ourselves have agreed to submit our differences on
constitutional matters to a panel of mediators in a serious attempt to resolve them.

We have therefore also agreed on the composition of the panel and the procedures
for mediation.

It gives me great pleasure to inform you that we believe that you can make an
important contribution to this mediation effort. We would therefore be greatly
honoured if you would accept our humble request to you to serve on the mediation
panel.

The other persons who will be approached to serve on the panel are:

The People Shall Govern!

2.

Lord Carrington
Prof. Antonio La Pergola
Justice HK Bhagwati
Prof. Paul Kevenhorster
Prof. Antoine Laponce
Mr Justice Leon Higginbotham Jr.

Nevertheless, we hope that you, who has always been interested in the democratisation of our country, will be able to find time to participate in this important mediation.

We enclose our set of terms of reference, for your information and guidance.

I look forward to seeing you as soon as you arrive in the country.

President

"Democracy means freedom to choose"

INKATHA

Inkatha Freedom Party

IQembu leNkatha Yenkuleko

Dr Henry A. Kissinger,
350 Park Avenue
NEW YORK, NY
10022

March 28, 1994

Ref. *5881.1

FAX NO: 09 1 212 759 0042

Dear Dr Kissinger

Re: International Mediation for a Democratic South Africa

The African National Congress and the Inkatha Freedom Party have agreed to submit their differences on constitutional matters to a panel of mediators in a serious attempt to resolve them.

The two organisations have agreed to the composition and the procedures for mediation and have both agreed that you should be invited to be one of the mediators.

You will be receiving an invitation from both myself and Mr Nelson Mandela who will be writing to you under separate cover.

It gives me great pleasure to invite you to participate as a member of a panel of seven mediators in our constitutional negotiations for a democratic South Africa, on behalf of the Inkatha Freedom Party.

* Lord Peter AR Carrington
* Justice Antonio La Pergola
* Justice HK Bhagwati
* Prof Paul Kevenhorster
* Prof La Ponce
* Mr A. Leon Higginbotham, Jr

Your selection was a joint decision by both the African National Congress and the Inkatha Freedom Party.

President: The Hon. Prince Mangosuthu G. Buthelezi
National Chairman: Dr. F.T. Mdlalose

f/cj

INKATHA
Inkatha Freedom Party

IQembu leNkatha Yenkuleko

( Third draft )

INTERNATIONAL MEDIATION

TERMS OF REFERENCE

1. The African National Congress and the Inkatha Freedom Party [the parties], have agreed to hold negotiations under the auspices of an international mediation panel.

2. The mediation panel will consist of seven individuals chosen by the parties. The mediation panel is expected to supervise and guide the negotiation between the parties on the basis of these terms of reference.

3. The venue of the proceedings shall be in Cape Town, or other venue as decided by the parties on recommendation of the mediation panel.

4. The purpose of the negotiation is to achieve an all-inclusive constitutional settlement between the parties as a necessary condition for long-lasting peace, democracy and stability in South Africa. Therefore, an agreement is to be reached on the nature and contents of the constitution which will govern elections and the democratic transformation of South Africa.

5. The present Constitution, adopted in December 1993 and amended in March 1994, expresses a certain approach dealing with the problems and aspirations of South Africa.

5.1 An alternative approach has been expressed, *inter alia*, by the IFP.

5.2 During several months of intense negotiations it was not possible to find a mutually satisfactory way to reconcile this difference in approach.

5.3 The parties hope that through the mediation of the international panel a way to reconcile these differences and to reach a comprehensive constitutional settlement can be found.

6. In seeking to reconcile the IFP's approach with the terms and structure of the 1993 Constitution of the Republic of South Africa as amended, *inter alia*, the following areas will need to be explored through mediation and renewed negotiation:

6.1 The extent of the powers to be given to the provinces, with specific reference to the issue of central government overrides, exclusivity, residual powers, judicial functions, entrenchment and integrity of provincial autonomy, provincial civil service and police, and jurisdiction over local government (primarily section 126, Schedule 6 and relating provisions of the 1993 Constitution).

6.2 Fiscal and financial autonomy of the provinces.

6.3 Preservation of provincial autonomy during future stages of constitutional development. Autonomy of the constitution-making process at provincial level.

6.4 The manner of verification of the Constitutional Court in national and provincial constitution making.

6.5 Final versus interim nature of the constitution with specific regard to the entrenchment of fundamental human rights, constitutional guarantees, and provincial autonomy. Procedures for constitutional amendments and future stages of constitutional development.

6.6 Process of rationalization and empowerment of the new provincial governments, with specific reference to certainty in the transfer of existing functions and assets to the new provinces.

6.7 Citizenship and residence requirements for active and passive electoral rights.

7. The international mediation effort shall also address the issues of the claims and demands of His Majesty the King of the Zulu Nation, with respect to the restoration of the Kingdom of KwaZulu, with specific regard to the right of self-determination of peoples on a territorial basis.

8. The international mediation may seek additional methods and procedures to solve outstanding issues of violence so as to set in place necessary conditions for a violence and intimidation-free election. In this respect issues such as no-go areas, private armies, chain-assassinations, arms caches, military training inside and outside the country, and other related issues may be addressed.

9. The purpose of the process of negotiations between the parties is to reach a constitutional settlement in time before elections so as to enable the IFP to enter elections timeously. The mediation shall also focus on:

9.1 required amendments to the 1993 constitution;

9.2 rationalisation of the electoral process;

9.3 timetables translating the terms of constitutional settlement into conditions for free and fair elections in which all parties can compete on an equal footing.

10. The mediation panel will be assisted by four qualified South African constitutional lawyers, two of them appointed by each of the parties may attend all meetings as observers. The panel may request additional technical and clerical assistance.

11. Each party may have a delegation of political representatives, advisers and support staff.

12. The procedure and structure of negotiations will be decided by the parties on the basis of recommendations by the mediation panel.

13. The parties shall not interfere with the work of the mediation panel, provided that any party may make submissions to the mediation panel. Any public statement of the mediation panel or of any of its members relating to the pending negotiations shall be issued with the advice and consent of all parties concerned.

14. Additional parties may join the negotiations, and the constitutional and electoral process.

15. The parties hope that the mediation panel may provide clarity and transparency to the process of negotiations. For this purpose the panel may ask for clarifications from any of the parties and may make recommendations to any of the parties to ensure good faith negotiations and negotiating positions consistent with stated objectives or with relevant factual or legal realities.

15.1 The parties hope that the mediation panel will facilitate discussions and guide negotiations as they best see it fit, provided that their effort shall not in any way contribute to the advancement of the negotiating position of any of the parties. In this regard, the panel is not expected to take a position on any of the issues being debated in the negotiations.

16. The parties agree that during the international mediation effort special consideration will be given to the need to avoid any action or statement which could have a bearing on the negotiations and on the discussions.

16.1 The parties agree to negotiate, if necessary, on a daily basis and to do whatever is in their power to expedite the negotiation process. The mediation panel is expected to promote this agreement and to ensure that negotiations move swiftly and expeditiously. The parties commit themselves not to cut negotiations short or to unilaterally impose deadlines on the process. With the advice of the mediation panel the parties may agree to alter statutory deadlines for electoral purposes and the election date.

17. Funding for the international mediation effort will be dispersed from an independent trust established to receive donations and contributions from independent sources other than the parties.

17.1 The trustees will include the leaders of the parties. *Inter alia*, the trust will cover expenses related to the mediation panel and the lawyers referred @ 10 herein.

*5872.5

--------- O---------

HEAD OF STATE

H.E. Frederik Willem de Klerk

OFFICE OF THE STATE PRESIDENT

Union Buildings

Private Bag X1000

Pretoria 0001

Telephone: (12) 325-2000

Telex: 322158 sa

Facsimile: (12) 323-8866

<table><tr><td>State President of the Republic</td><td>H.E. Frederik W. de Klerk</td></tr><tr><td>Minister of State Affairs</td><td>Roelf P. Meyer</td></tr><tr><td>Deputy Minister, Information Services</td><td>(vacant)</td></tr><tr><td>Director General</td><td>Dr. J.P. Roux</td></tr><tr><td>Government Spokesperson</td><td>Dave Steward</td></tr></table>

TRANSITIONAL EXECUTIVE COUNCIL

Office of the Transitional Executive Council

Saambou Building

Andries Street

Pretoria 0012

<table><tr><td>Chairman, National Party</td><td>D.J. de Villiers</td></tr><tr><td>Chairman, Natal/Transvaal Indian Congress</td><td>P.J. Gordhan</td></tr><tr><td>Chairman, Democratic Party</td><td>C.W. Eglin</td></tr><tr><td>Chairman, Transkei Government</td><td>Z. Titus</td></tr></table>

Management Committee

<table><tr><td>Member, Democratic Party</td><td>C.W. Eglin</td></tr><tr><td>Member, Natal/Transvaal Indian Congress</td><td>P.J. Gordhan</td></tr><tr><td>Member, South African Government</td><td>R.P. Meyer</td></tr><tr><td>Member, South African Communist Party</td><td>J. Slovo</td></tr><tr><td>Member, Transkei Government</td><td>Z. Titus</td></tr><tr><td>Member, African National Congress</td><td>C. Ramaphosa</td></tr><tr><td>Member, Ximoko Progressive Party</td><td>E.E. Ngobeni</td></tr></table>

Joint Executive Secretariat

<table><tr><td>Secretary, South African Government</td><td>S.S. Van der Merwe</td></tr><tr><td>Secretary, African National Congress</td><td>M. Maharaj</td></tr></table>

CABINET

Department of Administration

Private Bag X353

Pretoria 0001

Telephone: (12) 326-5810

Facsimile: (12) 324-2798

<table><tr><td>Minister</td><td>Sam J. de Beer</td></tr><tr><td>Chairman</td><td>P.J. van der Merwe</td></tr><tr><td>Member</td><td>R.H. Venter</td></tr><tr><td>Director General</td><td>Dr. L.C.A. Stoop</td></tr><tr><td>Deputy Director General</td><td>D.J. Putter</td></tr><tr><td>Secretary</td><td>I.H. Robson</td></tr></table>

Department of Agriculture

Private Bag X116

Pretoria 0001

Telephone: (12) 206-2307

Telex: 322150

Facsimile: (12) 217-219

<table><tr><td>Minister</td><td>Dr. A.I. van Neikerk</td></tr><tr><td>Deputy Minister</td><td>Tobie Meyer</td></tr><tr><td>Director General</td><td>H.S. Hattingh</td></tr><tr><td>Superintendent General, Agricultural Development</td><td>Dr. F.J. Van der Merwe</td></tr><tr><td>Spokesperson</td><td>Koos van Zyl</td></tr></table>

Department of the Auditor General

Old Mutual Centre

Andries Street

P.O. Box 446

Pretoria 0001

Telephone: (12) 217-508

<table><tr><td>Auditor General</td><td>R.P. Wronsley</td></tr><tr><td>Deputy Auditor General</td><td>J.A.J. Loots</td></tr></table>

Department of Constitutional Development and Communication

Private Bag X802

Pretoria 0001

Telephone: (12) 341-1380

Facsimile: (12) 341-1389

<table><tr><td>Minister</td><td>Roelf P. Meyer</td></tr><tr><td>Deputy Minister</td><td>Fanie Schoeman</td></tr><tr><td>State Adviser</td><td>S.S. van der Merwe</td></tr></table>

Constitutional Development Service

Pretoria

<table><tr><td>Director General</td><td>Dr. Niel Bernard</td></tr><tr><td>Deputy Director</td><td>J.T. Delport</td></tr></table>

Department of Correctional Services

Private Bag X853

Pretoria 0001

Telephone: (12) 323-8198

Facsimile: (12) 323-4111

<table><tr><td>Minister</td><td>Adriaan Vlok</td></tr><tr><td>Commissioner</td><td>Lt. Gen. W.H. Willemse</td></tr></table>

© 1994 Worldwide Government Directories, Inc., 7979 Old Georgetown Rd., Suite 900, Bethesda, MD 20814, USA. (301) 718-8770. Reproduction in whole or in part prohibited.

Department of Education and Training

Private Bag X603

Pretoria 0001

Telephone: (12) 326-0126

Facsimile: (12) 323-5989

Minister .................................... Sam J. de Beer

Director General .......................... Dr. J.B.Z. Louw

Department of Environment and Water Affairs

Private Bag X313

Pretoria 0001

Telephone: (12) 299-3391

Facsimile: (12) 284-254

Minister .................................... Japie A. Van Wyk

Deputy Minister, Environment ............ Wynard Breytenbach

Director General .......................... W.F. Visagie

Department of Finance, Trade and Industry

African Eagle Life Center

240 Vermeulen Street

Private Bag X115

Pretoria 0001

Telephone: (12) 323-8911

Facsimile: (12) 323-3262

Minister .................................... Derek Keys

Deputy Minister, Trade and Industry ........ David De Graaff

Deputy Minister, Finance .................. Theo Alant

Director General .......................... Dr. E. Calitz

Secretary to the Treasury ................ R.W. Burton

Department of Foreign Affairs

Union Building, East Wing

Private Bag X152

Pretoria 0001

Telephone: (12) 323-3710

Telex: 321348

Cable: sec extern

Facsimile: (12) 323-1664

Minister .................................... Roelof F. (Pik) Botha

Deputy Minister .......................... Renier Schoeman

Director General .......................... Rusty Evans

Deputy Director General ................... J.H.A. Beukes

Department of Home Affairs

Private Bag X741

Pretoria 0001

Telephone: (12) 326-8081

Facsimile: (12) 216-491

Minister .................................... Danie Schutte

Director General .......................... P.J. Colyn

Department of Housing

House of Assembly

Luboria Building

Paul Kruger Street

Pretoria 0002

Telephone: (12) 343-6911

Facsimile: (12) 320-2059

Minister .................................... Louis Shill

Department of Justice and Defense

Presidia Building, 8th Floor

Paul Kruger and Pretorius Streets

Private Bag X276

Pretoria 0001

Telephone: (12) 323-8581

Telex: 322139

Cable: justisie

Facsimile: (12) 211-708

Minister .................................... Kobie Coetsee

Deputy Minister, Defense ................ Wynard Breytenbach

Deputy Minister, Justice .................. Shelia M. Camerer

Director General .......................... J.J. Noeth

Deputy Director General, General

Security Legislation ........................ J.J. du Plessis

Deputy Director General, Justice ............ A. Bosch

Chief State Law Adviser .................... R.P. Rossouw

National Intelligence Service

Private Bag X86

Pretoria 0001

Telephone: (12) 323-9761

Director General .......................... Mike Louw

Department of Law and Order

Civitas Building, 7th Floor

Pretorius Street

Private Bag X463

Pretoria 0001

Telephone: (12) 216-179

Facsimile: (12) 322-2559

Minister .................................... Hernus J. Kriel

Deputy Minister .......................... Gert B. Myburgh

Spokesperson ............................ Capt. Craig Kotze

Department of Local Government

Private Bag X645

Pretoria 0001

Telephone: (12) 441-879

Facsimile: (12) 343-8934

Minister .................................... Dr. Tertius Delfport

Deputy Minister .......................... Yakoob M. Makda

Director General .......................... E.G. de Beer

Department of Manpower

House of Assembly

Private Bag X117

Pretoria 0001

Telephone: (12) 314-6911

Telex: 765

Cable: mannekrag

Facsimile: (12) 320-2059

Minister .................................... Leon Wessels

## Department of Mineral and Energy Affairs

Private Bag X646
Pretoria 0001
Telephone: (12) 322-8695
Facsimile: (12) 322-8699

<table><tr><td>Minister</td><td>George S. Bartlett</td></tr><tr><td>Director General</td><td>P.J. Hugo</td></tr><tr><td>Deputy Director General</td><td>D.C. Neethling</td></tr><tr><td>Government Mining Engineer</td><td>J.B. Raath</td></tr></table>

## Department of National Education and Education Coordination

House of Assembly
Private Bag X727
Pretoria 0001
Telephone: (12) 200-0368
Facsimile: (12) 322-5762

<table><tr><td>Minister</td><td>Piet Marais</td></tr><tr><td>Director General</td><td>Dr. J.G. Garbers</td></tr><tr><td>Deputy Director General</td><td>L.C.A. Stoop</td></tr><tr><td>Deputy Director General</td><td>R.H. Stumpt</td></tr></table>

## Department of Development Aid

P.O. Box 384
Pretoria 0001
Telephone: (12) 312-8911

<table><tr><td>Minister</td><td>J. de Villiers</td></tr></table>

## Department of Development Planning

Private Bag X644
Pretoria 0001
Telephone: (12) 341-2381; 341-2362

<table><tr><td>Director General</td><td>E.G. de Beer</td></tr><tr><td>Deputy Director General</td><td>N. Viljoen</td></tr><tr><td>Deputy Director General</td><td>G.G. de Villiers</td></tr></table>

## Department of National Health and Welfare

2021 Civitas Building
Struben Street
Private Bag X399
Pretoria 0001
Telephone: (12) 284-773
Telex: 321366
Cable: sagweb
Facsimile: (12) 325-5526

<table><tr><td>Minister</td><td>Dr. Rina Venter</td></tr><tr><td>Deputy Minister, Health</td><td>Dr. Boys Geldenhuys</td></tr><tr><td>Deputy Minister, Welfare</td><td>Glen Carelse</td></tr><tr><td>Director General</td><td>Dr. C.F. Slabber</td></tr><tr><td>Deputy Director General</td><td>S.J.N. Marais</td></tr><tr><td>Deputy Director General</td><td>J.H. Schoeman</td></tr><tr><td>Deputy Director General</td><td>H.J. Steyn</td></tr></table>

<table><tr><td>Minister</td><td>Jac A. Rabie</td></tr></table>

## Department of Public Enterprises

Private Bag X482
Pretoria 0001
Telephone: (12) 293-1911
Facsimile: (21) 323-2275

<table><tr><td>Minister</td><td>Dr. Dawie J. de Villiers</td></tr></table>

## Department of Regional and Land Affairs

Private Bag X844
Pretoria 0001
Telephone: (12) 323-7290
Facsimile: (12) 211-244

<table><tr><td>Minister</td><td>Andre Fourie</td></tr><tr><td>Deputy Minister, Land</td><td>Johan Scheepers</td></tr></table>

## Department of Sport

Pretoria

<table><tr><td>Minister</td><td>Abe Williams</td></tr></table>

## Department of State Affairs

Union Buildings
Private Bag X1000
Pretoria 0001
Telephone: (12) 466-234

<table><tr><td>Minister</td><td>Gerrit Viljoen</td></tr></table>

## Department of State Expenditures

Private Bag X729
Pretoria 0001
Telephone: (12) 219-5878
Facsimile: (12) 323-5181

<table><tr><td>Minister</td><td>Amie Venter</td></tr></table>

## Department of Tourism

Litegro Building, 11th Floor
Prinsloo Street
Pretoria

<table><tr><td>Minister</td><td>Dr. Bhadra Ranchod</td></tr></table>

## Department of Transport, Posts and Telecommunications

Private Bag X193
Pretoria 0001
Telephone: (12) 283-084
Facsimile: (12) 283-194

<table><tr><td>Minister</td><td>Dr. Piet Welgemoed</td></tr><tr><td>Director General</td><td>R.G. Meyer</td></tr><tr><td>Deputy Director General</td><td>H.J. Claassens</td></tr><tr><td>Postmaster General</td><td>J.H. de Villiers</td></tr></table>

1026 - SOUTH AFRICA

[10]

DEFENSE FORCES

South African Defense Force (SADF)

Private Bag X427
Pretoria 0001
Telephone: (12) 428-1912
Telex: 3721 sa

Chief .................................... Lt. Gen. George Meiring
Chief of Staff ................................ Paul Murray

Army

Private Bag X172
Pretoria 0001
Telephone: (12) 428-1912
Telex: 3721 sa

Chief .................................... Maj. Gen. J.H. Pretorius

Navy

Private Bag X144
Pretoria 0001
Telephone: (12) 317-3236
Telex: 577946 sa

Chief .................................... V. Adm. Robert Simpson-Anderson

Air Force

Private Bag X109
Pretoria 0001
Telephone: (12) 312-2401; 312-2402

Chief .................................... Lt. Gen. James Kriel

STATE AGENCIES AND CORPORATIONS

Armscor

(Armament Development and Production Corporation)
Private Bag X337
Pretoria 0001
Telephone: (12) 428-1911
Telex: 320217

Chairman .................................... J.G.J. van Vuuren

Atomic Energy Corporation (AEC)

P.O. Box 582
Pretoria 0001
Telephone: (12) 316-4911
Telex: 791515
Cable: isotope pretoria

Chief Executive Officer ................................. W.E. Stunpf
Chairman of the Board of Directors .................... J.W.L. de Villiers

South African Transport Services

P.O. Box 72501
Parkview 2122
Telephone: (11) 488-7111

General Manager .................................... A.T. Moolman

South African Coal, Oil and Gas Corporation (SASOL)

P.O. Box 1
Sasolburg 9570
Telephone: (16) 708-9111
Telex: 487938

Chairman .................................... F.C. Botha

LEGISLATURE

Parliament

P.O. Box X15
Cape Town
Telephone: (21) 403-3292
Telex: 520869SA
Facsimile: (21) 461-5372

Speaker .................................... E. van der M. Louw

House of Assembly

Private Bag X723
Pretoria 0001
Telephone: (12) 314-5911

Leader .................................... A.J. Vlok
Chairman .................................... Dr. H.M. Janse Van Rensburg

House of Representatives

Marks Building
Parliament Street
Private Bag X9008
Cape Town 8000
Telephone: (21) 461-6070

Leader .................................... P.J. Kleinsmidt
Chairman .................................... P.T. Sanders

House of Delegates

Malgate Building
Smith Street
Private Bag 54330
Durban 4000
Telephone: (31) 327-0911
Telex: 622344

Leader .................................... P.I. Devan
Chairman .................................... S. Abram

353 Festival Street, Nativity
P.O. Box 11434
Brooklyn 0011
Telephone: (12) 342-2100
Telex: 322134
Facsimile: (12) 433-922

**Embassy of Malawi**
Delta Building, 1st Floor
471 Monica Road
Lynnwood
P.O. Box 11172
Brooklyn 0011
Telephone: (12) 477-827
Telex: 322017
Facsimile: (12) 348-4649

**Embassy of the Netherlands**
825 Arcadia Street
P.O. Box 117
Pretoria 0001
Telephone: (12) 344-3910
Telex: 321-332
Facsimile: (12) 343-9950

**Embassy of Norway**
c/o P.O. Box 5620
Cape Town 8000

**Embassy of Paraguay**
189 Strelitzia Road
Waterkloof Heights
P.O. Box 95774
Waterkloof
Pretoria 0145
Telephone: (12) 451-081
Facsimile: (12) 451-083

**Embassy of Poland**
14 Amos Street
Colbyn
Pretoria 0083

**Embassy of Portugal**
599 Leyds Street
Mucklenuck
Pretoria 0002
Telephone: (12) 341-2340
Telex: 321365
Facsimile: (12) 443-071

**Embassy of Romania**
117 Charles Street
P.O. Box 11295
Pretoria 0011
Telephone: (12) 466-940
Facsimile: (12) 466-941

3rd Floor
Pretoria 0001

**Embassy of Slovakia**
P.O. Box 95855
Waterkloof
Pretoria 0145

**Embassy of Spain**
169 Pine Street
Arcadia
Pretoria 0083
Telephone: (12) 344-3875
Telex: 320705
Facsimile: (12) 343-4891

**Embassy of Sweden**
Old Mutual Centre
167 Andries Street
P.O. Box 1664
Pretoria 0001
Telephone: (12) 211-050
Telex: 321193
Facsimile: (12) 323-2776

**Embassy of Switzerland**
353 Berea Street
P.O. Box 2289
Pretoria 0001
Telephone: (12) 344-0034
Telex: 322106
Facsimile: (12) 344-073

**Embassy of Taiwan**
1147 Schoenmon Street
P.O. Box 649
Pretoria 0001
Telephone: (12) 436-071
Telex: 320748
Facsimile: (12) 435-816

**Embassy of the United Kingdom**
Greystoke, 225 Hill Street
Pretoria 0083
Telephone: (12) 433-121
Telex: 321323
Facsimile: (12) 433-207

**Embassy of the United States of America**
Thibault House, 7th Floor
225 Pretorius Street
Pretoria
Telephone: (12) 284-266
Telex: 322143
Facsimile: (12) 284-266

1234 Church Street
P.O. Box 3247
Pretoria
Telephone: (12) 432-829
Facsimile: (12) 432-833

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PAGE 2

<table><tr><td>AGREEMENT AMONGST THE ANC, THE IFP, AND THE SOUTH AFRICAN GOVERNMENT ON THE TERMS OF REFERENCE FOR INTERNATIONAL MEDIATION</td></tr></table>

# 1. INTRODUCTION

1.1 The African National Congress (ANC), the Inkatha Freedom Party (IFP) and the South African Government, hereinafter referred to as "the parties", hereby agree to involve an international mediation panel in an attempt to resolve a dispute on constitutional issues.

1.2 The dispute arose during the drafting of and has been occasioned by the inclusion and/or exclusion of various provisions in the Republic of South Africa Constitution Act, 200 of 1993 (hereinafter referred to as "the Constitution").

# 2. COMMITMENT

2.1 In participating in the mediation process, the parties commit themselves to the following:

2.1.1 the use of peaceful means to promote their political objectives;

2.1.2 to promote the right of all South Africans, irrespective of party political affiliation, to enjoy freedom of political activity, freedom of association, freedom of assembly, freedom to protest and to petition authority peacefully, as well as other relevant rights and freedoms;

2.1.3 to guarantee that all political parties and organizations, both those opposed to and those participating in elections, shall not be hindered by any persons or authority in their unarmed and peaceful campaigns;

2.1.4 to do all within their ability, in collaboration with the Independent Electoral Commission, to ensure that all persons seeking to participate and vote in the said elections shall be able to do so without hindrance; and

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2

2.1.5 to the implementation of a settlement on the issues stated hereunder which may emanate from mediation, irrespective of whether such a settlement is reached prior to or after the elections.

### 3. OBJECTS OF MEDIATION

3.1 The object of mediation shall be to facilitate an all-inclusive settlement.

3.2 It is understood that the mediation process shall not seek to adjudicate on the issues in dispute but shall attempt to facilitate an all-inclusive settlement amongst the parties.

### 4. THE ISSUES IN DISPUTE

4.1 The Panel shall facilitate the reaching of a settlement on differences amongst the parties on the provisions of the Constitution relating to -

4.1.1 legislative and executive competences of the provinces;

4.1.2 the financial and fiscal powers of the provinces;

4.1.3 fundamental rights;

4.1.4 citizenship and residential requirements for electoral rights;

4.1.5 the process of future constitution-making;

4.1.6 the differences on the entrenchment of provincial autonomy; and

4.1.7 the claims and demands of His Majesty the King of the Zulu Nation with respect to the restoration of the Kingdom of kwaZulu, with specific regard to the right to self-determination of people on a territorial basis.

### 5. TIME-FRAMES

5.1 The mediation process shall commence immediately.

5.2 Although the IFP prefers that the first democratic election scheduled for 26 to 28 April 1994 be postponed, the postponement of the election date is not part of the subject matter of the mediation process.

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# 6. IMPLEMENTATION

6.1 A settlement reached before or after the scheduled elections shall be embodied in an accord as a solemn pact.

6.2 If the accord is signed before the scheduled elections, it shall be submitted to the Multiparty Negotiating Council for approval and submission to the Security Council of the United Nations Organisation with the request that it be filed in order to ensure adherence thereto by the parties.

6.3 If the accord is signed after the scheduled elections it shall be implemented by way of amendments to the Constitution.

# 7. THE COMPOSITION OF THE INTERNATIONAL MEDIATION PANEL

7.1 The International Mediation Panel (hereinafter referred to as "the Panel") shall consist of the following seven individuals, one of whom shall be the chairperson designated by the members of the Panel at its first meeting:

7.1.1 Justice PN Bhagwati;

7.1.2 Lord David Carrington;

7.1.3 Judge Leon A Higginbotham (jr);

7.1.4 Professor Paul Kevenhorster;

7.1.5 Dr Henry Kissinger;

7.1.6 Justice Antonio la Pergola; and

7.1.7 Professor Jeanne Antoine Laponce.

7.2 Should a vacancy or vacancies arise in the membership of the Panel, agreement amongst the parties and the remaining members of the Panel shall precede the appointment by the Panel of a person or persons to fill such vacancy or vacancies.

# 8. POWERS OF THE PANEL

8.1 The Panel may receive and consider such suggestions and evidence as may be submitted to it by the parties and shall be competent to convene meetings

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with the parties sitting together or separately, at its discretion.

8.2 The Panel shall be assisted by six South African lawyers, with each party nominating two, properly qualified in South African Constitutional Law and/or International Law who may attend all meetings of the Panel.

8.3 The Panel shall be competent to make rules of procedure for the conduct of its business and for proceedings related thereto, including the establishment of committees and related powers, as it deems fit.

8.4 The Panel may require, during the course of the mediation process, of parties to comply with all reasonable requests of the Panel and to ensure that, in the event of the Panel requiring information from any of the parties, and that during meetings convened at the request of the Panel, representatives of the parties are duly authorized to act on behalf of the party in question.

8.5 The Panel may request such technical and clerical assistance as it may need from any of the parties.

9. MISCELLANEOUS

9.1 Additional parties may, with the consent of the parties, participate in the mediation process in the manner seen fit by the parties.

9.2 Any public statement of the Panel or of any of its members relating to the mediation process shall only be issued on the advice and with the consent of all parties concerned.

9.3 The mediation process shall be funded as shall be agreed amongst the parties.

AG/079.doc

TRANSCRIPT

Dr. Henry Kissinger

Carlton Hotel

April 12, 1994

Master of Ceremonies:

Dr. Kissinger, would you be very kind to introduce
your team of mediators and this meeting.

Henry Kissinger:

The Master of Ceremonies, Mr. Chief Minister, the
Foreign Minister, (Musa (inaudible)), and friends. I came to
South Africa for the first time in 1976 as Secretary
of State. My task then was to convince the South
African government of the time to support majority
rule in Rhodesia. It was not the most self-evident
proposition to present to the South African government
of that period. But they took that step which, in a
way, began a process which is about to culminate
during your elections. I mention this because if 18
years ago somebody had told me that I could be
standing here to discuss the differences that still
divide South Africans on the eve of a non-racial,
pluralistic society, in which apartheid is a memory
and in which the various groups have come so close
together, I would have said he was dreaming.

So as we undertake this assignment, it is clear that
those engaged in the process of negotiations are aware
of the differences. But those of us who have observed
the process here, can only marvel at the progress that
has been made, at the truly heroic achievement by all
parties to overcome their memories, their sufferings,
their doubts, to come to this point.

Over these years I have had the honor to meet the
chief actors in this current process. I met the Chief
Minister on that first visit when he passionately
criticized the government--not so much the government,
the government and the institutions which then
existed. I have seen the Foreign Minister and the
State President over the years as they evolved from
the state which they inherited to this extraordinary
achievement that is just ahead of it. And of course
the President of the ANC, Mr. Mandela, with his
suffering, which was later matched by his spirit of
conciliation, is one of the great figures of our
epoch.

Obviously men of such character do not always find it
easy to make all the compromises that are necessary.
But they have come a long way, and they have invited
us to close the remaining gaps. And though my
colleagues and I have just met each other, I know I
speak for all of them when I pay tribute to what has
already been achieved, and to what we hope is about to
be achieved.

What is happening here is important not just for South Africa but for all mankind that hopes for nonracial societies, democratic outcomes, and this is why seven extraordinarily busy individuals have managed to clear their schedules and done the unimaginable to arrive the same day in a distant place and present themselves at this meeting.

Let me introduce my colleagues. My colleague from the United States: Justice Leon Higginbotham, former chief judge of the United States Court of Appeals of the 3rd Circuit who holds an infinite number of honorary degrees, has contributed extraordinarily learning and wisdom, and will see to it that we will stay on the straight and narrow. Lord Peter Carrington: former British Foreign Secretary, former Secretary General of NATO, a friend and associate of many years to whom it is a privilege to be associated on this assignemnt. From Italy, Professor Antonio la Pergola, a member of the Italian Bar, Council to Law Office in Paris. We are, many of us of the mediators, are meeting for the first time. But in our brief exchange before we came here, it was clear that we're all dedicated, and that we will make every effort to bring this, to make our contribution.

I would only like to say to the parties that sometimes
in negotiations people put forward a bargaining
position and then go back step-by-step to their real
positions. In the limited time available could I ask
everybody to begin with their best positions, and we
in turn will make every effort to bridge the remaining
distances, because we are all in sight of a tremendous
achievement of the human spirit in a country that has
suffered like few others, among people that have been
divided like few others, to create a genuine
pluralistic, nonracial democracy, will be something
worth the dedication and the effort that has brought
us far and that now must bring us the rest of the way.

Thank you very much.

INTRODUCTION

COMMITMENT

2

3. OBJECTS OF MEDIATION

4. THE ISSUES IN DISPUTE

4.1.3 fundamental rights;

4.1.4 the process of future constitution-making;

4.1.5 the entrenchment of existing provisions in the Constitution;

5. TIME-FRAMES

3

# 6. IMPLEMENTATION

7.1.1 Justice PN Bhagwati;

7.1.2 Lord David Carrington;

7.1.5 Dr Henry Kissinger;

# 8. POWERS OF THE PANEL

4

[11]

9. MISCELLANEOUS

AG707.doc

AGREEMENT BETWEEN THE ZULU MONARCHY, THE SOUTH AFRICAN GOVERNMENT AND THE MULTIPARTY NEGOTIATING COUNCIL

Recognising the importance of the Zulu Monarchy and its royal head, His Majesty the King;

Further recognising the grave injustice caused by the present and past designation of His Majesty as the Paramount Chief of the Zulus;

Mindful of the historic role played by the King, the Zulu Monarchy in the struggle against colonialism and apartheid and in the promotion of a united democratic South Africa;

Convinced that His Majesty, the King and the Zulu Monarchy will continue to make an important contribution towards the realisation of these objectives; and

Conscious of the importance for all government institutions to operate within the provisions of the Constitution of the Republic of South Africa Act 200 of 1993, as amended (hereinafter referred to as "the Constitution").

The signatory parties hereby agree as follows:

1. The parties undertake to actively promote the dignity of His Majesty the King and the Zulu Monarchy.

2. Towards this end the parties further undertake to ensure that within the kwaZulu/Natal constitution, as envisaged in section 160 of the Constitution of the Republic of South Africa Act 200 of 1993, as amended, His Majesty the King and the Zulu Monarchy shall have and enjoy a suitable position.

2

3. In particular, the parties undertake to ensure that:

(a) His Majesty the King shall be recognised as King with constitutional powers, prerogatives, rights and obligations which shall extend throughout the Province of kwaZulu/Natal.

(b) His Majesty the King shall have and exercise such rights and powers as determined by Zulu custom and tradition.

(c) His Majesty the King shall have and exercise directly or indirectly, through a person or persons designated by His Majesty, ceremonial powers and prerogatives which shall be specified in the constitution of the Province of kwaZulu/Natal.

(d) The Constitution of the Province of kwaZulu/Natal shall provide that the King shall officially open the sessions of the Provincial Legislature.

(e) The King shall also be advised and assisted by a Royal Council comprising of the Premier of the Province of kwaZulu/Natal (elected in terms of section 145 of the Constitution), members of the Zulu Royal House, a specified number of members of the kwaZulu/Natal legislature and a specified number of members of the kwaZulu/Natal House of Traditional leaders (established in terms of section 183 of the Constitution.)

(f) The King shall be constitutionally empowered to designate a member of the Zulu Royal House as His Majesty's Adviser and Assistant on all traditional and customary matters.

(g) Such Adviser and Assistant shall have a status and concomitant powers and privileges equivalent to those of members of the Provincial Legislature of the Province of kwaZulu/Natal in a non-voting capacity and shall, as such, represent His Majesty at all meetings of the Provincial Legislature of kwaZulu/Natal.

3

[il]

(h) His Majesty the King shall receive regular reports and briefings from the Premier of the Province of kwaZulu/Natal on all legislative and executive actions of the Government of the Province.

(i) The King shall have authority to install all chiefs in the Province of kwaZulu/Natal.

(j) In case of a dispute in a family or community regarding the issue of succession to chieftainship, the King shall have authority to appoint and install the rightful chief after consultation with the relevant parties.

(k) The provincial constitution of kwaZulu/Natal shall recognize and protect the institution, status and role of the constitutional monarchy of the King of the Zulus and the traditional leaders, as well as their powers with regard to indigenous law, customs, culture and (land tenure system) and shall further regulate the relationship between the said Monarchy and the Provincial Legislature and Executive: Provided that if a constitution for kwaZulu/Natal is not passed within six months after the commencement of the Constitution, the Provincial Legislature shall pass a law providing for such recognition and protection as well as regulation.

(l) The Provincial Legislature of kwaZulu/Natal shall, annually, approve a budget to cover the expenses of His Majesty the King and the Zulu Monarchy, which budgets shall be operated by a person or persons approved by His Majesty for this purpose.

(m) The Provincial Legislature shall establish by law a Royal Guard which shall be responsible for the security of His Majesty and the Royal House of kwaZulu.

4. Prior to the adoption of the constitution of the Province of kwaZulu/Natal as envisaged in the Constitution, and prior to the passing of appropriate legislation by the Provincial Legislature of kwaZulu/Natal, the parties undertake to ensure the security of the position, powers, prerogatives, rights and privileges currently held or, as the case may be, exercised and enjoyed by His Majesty and the Zulu Monarchy.

4

5. This agreement shall be filed with the Security Council of the United Nations with a view to ensuring that the parties thereto shall be bound to implement its provisions.

The people of South Africa look to His Majesty the King of the Zulus, as a symbol of unity within the Province of kwaZulu/Natal, for assistance in the creation of an environment where all South Africans shall enjoy freedom of political activity, freedom of political association, freedom of assembly, freedom to protest and to petition authority peacefully as well as all other relevant rights and freedoms.

ZULMON.DOC

11 April 1994

[c]

International
Mediation
Forum

Dear Dr. Kissinger,

The ANC/IFP Joint Working Group on the International Mediation welcomes you to South Africa. Our leaders, members and indeed all South Africans are grateful for your willingness to contribute to this critical effort and wish you the very best for your stay in South Africa.

We pledge the total commitment and cooperation of our respective organisations to strive with you, the team of mediation, for a successful outcome.

We have approached the Consultative Business Movement, an independent business organisation skilled in such matters to provide secretariat and process support. Mr Colin Coleman, Acting Executive Director of the CBM, will head the secretariat with the assistance of Mr Gary Cullen, the CBM Natal Co-ordinator, and former US Ambassador Mr George Trail. These gentlemen are all at your disposal to ensure your requirements are met in the most professional manner.

Included in your information pack you will also find background information on South Africa, the ANC and IFP and other practical information to help make your stay a memorable, productive and rewarding one.

Again welcome. We pray for success in this vital mission.

Yours sincerely

COLIN COLEMAN
ON BEHALF OF:
ANC/IFP JOINT COMMITTEE ON THE INTERNATIONAL MEDIATION

(011) 614-2213

FAX: (011) 618-2079

International
Mediation
Forum

INTERNATIONAL MEDIATION FORUM

SECRETARIATE

COLIN COLEMAN
GARY CULLEN
GEORGE TRAIL
ASHLEY SYMES
KHANYA KWEYAMA
SUE DU PLESSIS
SANDY HUTCHINGS
OLIVER SONNBICHLER
TONI OLIVIER
ELISE STRUMPFER

DIRECTOR
DEPUTY DIRECTOR
ADMINISTRATOR
RECORDER
RECORDER
ASSISTANT TO DIRECTOR
ADMIN SERVICES
FINANCE
PROTOCOL
LOGISTICS/TRAVEL

VENUE

MBULWA
CASA DO SOL
CARLTON HOTEL

| TELEPHONE | FAX |
|---|---|
| 01315-42150/1 | 01315-42152 |
| 01317-68111 | |
| 011-331 8911 | |

-000-

(011) 614-2213

FAX: (011) 618-2079

[1c]

<table><tr><td>Hungary</td><td>HE Mr A Gergely</td></tr><tr><td>India</td><td>Mr HK Bhasin, Consul-General</td></tr><tr><td>Israel</td><td>HE Mr A Liel</td></tr><tr><td>Italy</td><td>HE Dr M Piersigilli</td></tr><tr><td>Japan</td><td>HE Mr K Sezaki</td></tr><tr><td>Lesotho</td><td>HE Mr JK Mollo</td></tr><tr><td>Malawi</td><td>HE Mr WS Khoza</td></tr><tr><td>Netherlands</td><td>HE Mr E Roëll</td></tr><tr><td>Norway</td><td>HE Mr JK Otterbech</td></tr><tr><td>Pakistan</td><td>HE Mr A Ahmed</td></tr><tr><td>Paraguay</td><td>HE Mr R dos Santos</td></tr><tr><td>Poland</td><td>HE Mr S Cieniuch</td></tr><tr><td>Portugal</td><td>HE Mr JML Ritto</td></tr><tr><td>Republic of China</td><td>HE Mr I-cheng Loh</td></tr><tr><td>Romania</td><td>HE Prof SM Bottez</td></tr><tr><td>Russian Federation</td><td>HE Mr EP Goussarov</td></tr><tr><td>Slovakia</td><td>HE Mr L Vlasic</td></tr><tr><td>Spain</td><td>HE Mr M Ucelay</td></tr><tr><td>Sweden</td><td>HE Mr EI Stjernberg</td></tr><tr><td>Switzerland</td><td>HE Mr R Wermuth</td></tr><tr><td>Transkei</td><td>HE Mr CS Magazi</td></tr><tr><td>Uruguay</td><td>HE Dr F Pittier</td></tr><tr><td>United Kingdom</td><td>HE Sir Anthony Reeve KCMG</td></tr><tr><td>United States of America</td><td>HE Mr PN Lyman</td></tr><tr><td>Centre for South African Studies of the China Institute of International Studies</td><td>Mr Xie Z, Director</td></tr></table>

## Observer Missions

<table><tr><td>Commonwealth Observer Mission in SA</td><td>Mr E Seignoret</td></tr><tr><td>European Union Observer Mission in SA</td><td>Dr PJ von Stulpnagel</td></tr><tr><td>Organisation for African Unity Observer Mission in SA</td><td>HE Mr LJ Legwaila</td></tr><tr><td>United Nations Observer Mission in SA</td><td>Mr L Brahimi</td></tr><tr><td>United Nations Observer Mission in SA</td><td>Mrs AEV King</td></tr></table>

## Leaders of Political Parties

<table><tr><td>African Christian Democratic Party</td><td>Mr K Meshoe</td></tr><tr><td>African Democratic Movement</td><td>Brig OJ Gqozo</td></tr><tr><td>African Moderates Congress Party</td><td>Mr M Phiri</td></tr><tr><td>African Muslim Party</td><td>Mr I Sooliman</td></tr><tr><td>Democratic Party</td><td>Dr ZJ de Beer</td></tr><tr><td>Dikwankwetla Party of South Africa</td><td>Mr TK Mopedi</td></tr><tr><td>Federal Party</td><td>Ms F Kendall</td></tr><tr><td>Green Party</td><td>Mr N Grant</td></tr><tr><td>Islamic Party</td><td>Mr S Mohammed</td></tr></table>

APR 21 '94 02:43PM C B M HEAD OFFICE

P.8

NEWS

Facilitator thought he'd stay on for a while

Story behind SA's
deal of the century

BY JOHN PERLMAN

Thursday, April 14. Attempts by
international mediators to re-
solve the deadlock collapse in
gloom and Henry Kissinger,
Lord Carrington and others
pack their bags for home. Pro-
fessor Washington Okumu, a
Kenyan who had introduced
himself as a "facilitator who had
done a lot of mediation work",
decides "entirely on his own ini-
tiative" to stick around.

Friday, April 15. Chief Mangos-
uthu Buthelezi arrives at Lan-
seria Airport to catch a plane
back to Ulundi and finds a mes-
sage there from Okumu —
whom he first met 20 years ago
at a prayer breakfast in Wash-
ington — requesting a meeting.
Buthelezi waits "for as long as I
could", then is forced to leave as
two of his colleagues have a
meeting with King Goodwill.

Mechanical problems force the
plane to return to Lanseria, and
on landing Buthelezi finds
Okumu waiting.

Okumu says later that he tried
to convey to Buthelezi how weak
his position would be after the
election because "the new gov-
ernment would take over the
running of KwaZulu".

Buthelezi files back to Uluni-
di and gets another call from
Okumu, who says he has been in
touch with the Government and
that President de Klerk is ex-
pecting his call.

MEDIATORS go home
and Kenyan Okumu
does the job
single-handed

They discuss the possibility of
Inkatha's participation in the
election — Buthelezi rejects sug-
gestions that it should only be in
the KwaZulu/Natal region —
and plans to recognise the
standing of the Zulu king.

That evening, Okumu contacts
Colin Coleman of the Consulta-
tive Business Movement, which
had been involved in the earlier
mediation efforts. The CBM will
provide valuable back-up, logisti-
cal support and advice.

Saturday, April 16. Okumu, Co-
leman and Michael Spicer of
Anglo American hold day-long
discussions with the IEC, first
with Charles Nupen and then
with Mr Justice Kriegler, to see
if the IFP's inclusion in the poll
is "technically feasible". The
idea of stickers on the exist-
ing ballot papers is first mooted.

Okumu calls Buthelezi again
to arrange a meeting in Durban
the following day.

The Kenyan and Coleman
then hammer out a draft agree-
ment which will be circulated to
all the parties. Okumu then calls
De Klerk to fill him in on details
of the draft.

Sunday, April 17. Okumu files
to Durban and presents Buthele-

zi with a draft agreement. Home
Affairs Minister Danie Schutte
and ANC Natal leader Jacob
Zuma, who are also in Durban,
are also given a chance to scru-
tinise the document.

In Johannesburg the CBM is
busy setting up a meeting with
Nelson Mandela for that evening.

The ANC is given copies of the
draft agreement and begins
talks within its own ranks. A
chartered aircraft, with Cole-
man, Spicer and Murray Hof-
meyr, co-chairman of the CBM,
then flies to Durban to pick up
Okumu, en route to Cape Town
and the meeting with Mandela.

They meet at 6 pm at a down-
town hotel. Mandela, at first pre-
occupied with the tragedy of
ANC supporters who had been
crushed at an Athlone rally,
quickly offers his support, with
certain conditions.

Monday, April 18. Buthelezi
De Klerk and Ramaphosa meet
at the Union Buildings, chaired
by Okumu. There is still concern
whether this is a genuine at-
tempt at negotiation. All parties
leave the meeting upbeat.

Tuesday, April 19. Negotiators
sit down to hammer out the nuts
and bolts of an agreement that
has now taken shape. A major
hurdle is overcome when the IEC
confirms that the IFP can be ac-
commodated on the ballot. At
just after 1 pm the negotiators
emerge with the best news South
Africa has had in months.

(47 Sauer Street, Johannesburg)

APR 21 '94 02:40PM C B M HEAD OFFICE

P.2

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 lists

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.

APR 21 '94 02:41PM C B M HEAD OFFICE

P.4

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 proviso:

"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".

APR 21 '94 02:42PM C B M HEAD OFFICE

EMBARGO: IMMEDIATE

JOINT STATEMENT BY THE STATE PRESIDENT, MR F W DE KLERK, LEADER OF THE NATIONAL PARTY, MR N R MANDELA, PRESIDENT OF THE AFRICAN NATIONAL CONGRESS AND CHIEF MINISTER M G BUTHELEZI, PRESIDENT OF THE INKATHA FREEDOM PARTY

Delegations led by the State President, Mr F W de Klerk, Leader of the National Party, Mr N R Mandela, President of the African National Congress and Chief Minister M G Buthelezi, President of the Inkatha Freedom Party, met this morning at the Union Buildings and reached agreement on the attached Memorandum of Agreement.

The Agreement follows intensive discussions between the parties yesterday and during the preceding days. The parties would, in particular, like to extend their warm thanks to Prof W A J Okumu of Kenya who played an important and helpful role in this process.

The parties expressed their satisfaction that the Agreement will substantially contribute to their common goal of creating circumstances which will be conducive to the holding a free, fair and peaceful election. It will help to ensure much greater inclusivity in the election process and will significantly address the underlying causes of tension and violence, particularly in Natal and the East Rand.

They repeated the urgent appeal to their followers and to all South Africans which they made after the Skukuza summit on 8 April to end violence, to exercise maximum restraint and to pursue their objectives by peaceful means.

PRETORIA

19 APRIL 1994