The only change in the IFP’s new draft constitution for =20 KwaZulu-Natal is that ‘state’ has been changed to =20 ‘kingdom’, writes Ann Eveleth=20
KWAZULU-NATAL’S constitutional process is going around =20 in circles, if the draft constitution tabled this week =20 by the Inkatha Freedom Party is anything to go by.=20
Far from reflecting progress toward the negotiated =20 solution which is ultimately required of the province, =20 “The Constitution of the Province of the Kingdom of =20 KwaZulu-Natal” is a relic from the time warp of the =20 former homeland government. More than 95 percent of its =20 clauses are resurrected directly from the equally =20 controversial “Constitution of the State of KwaZulu-=20 Natal” tabled by the IFP in late 1992 as an alternative =20 to proposals then holding sway in the national =20 constitutional process at Kempton Park.=20
Rejecting aspects of the constitution as “utterly =20 unacceptable”, Democratic Party MP Roger Burrows said =20 the document “does not reflect a new South Africa, does =20 not reflect April 27, does not reflect Kempton Park and =20 does not reflect a democratic government”.=20
The only notable deviation from the original document =20 is the substitution of a “Kingdom” for the previous =20 “State” and a section entailing heavily-controlled =20 powers for Zulu King Goodwill Zwelithini and extensive =20 powers for the controversial House of Traditional =20 Leaders. Neither Zwelithini nor other traditional =20 leaders featured in the 1992 constitution, when both =20 were firmly under the control of the IFP. =20
The new constitution — edited by IFP leader Mangosuthu =20 Buthelezi’s hardline constitutional adviser Mario =20 Ambrosini from the text which he jointly authored wth =20 his late colleague Albert Blaustein — provides for the =20 monarch to nominate the premier, declare an emergency, =20 and veto legislation passed by Parliament. =20
The catch is that all the king’s actions must be =20 countersigned by the premier or competent minister, his =20 decisions made in consultation with the premier and a =20 new-look 20-member royal council, comprising 10 =20 nominees from the House of Traditional Leaders, =20 including Buthelezi as its chairman, six members =20 nominated by the monarch and four chosen by Parliament. =20 The House of Traditional Leaders is empowered to depose =20 the monarch — and other traditional leaders — with a =20 two-thirds vote, and put a regent in his place.=20
These provisions alone appear to rule out agreement =20 with either the African National Congress — which =20 fought a long battle to free Zwelithini from the vice-=20 grip of the IFP and is still opposing the House of =20 Traditional Leaders Act in court — or the DP, which =20 has vociferously opposed the creation of a kingdom in =20 the entire province. =20
Most opposition parties this week baulked at IFP claims =20 that it had tabled the document “to take the mystery =20 out” of the 12 constitutional principles adopted by the =20 provincial legislature despite an opposition walkout =20 and to “dispel the myth that the IFP wants secession”.=20
ANC chief negotiator John Jeffery said it was “clear =20 the IFP didn’t listen to any of the other parties or to =20 the constitutional experts”.=20
National Party MP Tino Volker warned that “certain =20 aspects in document would be unacceptable to the =20 Constitutional Court” and would therefore not receive =20 the requisite two-thirds vote in the provincial =20
The IFP’s decision to table such a controversial =20 document marked a major power shift within the party. =20 As moderate provincial MP Mike Tarr took his seat as =20 the constitutional committee’s third chairman, =20 opposition MPs wished him “long life” in the post which =20 ANC MP Ismael Meer warned seemed to have a “high =20 mortality rate”. =20
Former chairman Arthur Konigkramer’s resignation — =20 following censure by IFP hardliners — is attributed =20 largely to his refusal to table the document. Having =20 recovered from a triple bypass operation, IFP national =20 hardliner Walter Felgate is now clearly in charge.=20
The prominence of IFP heavyweights has forced the ANC =20 to introduce its national leaders to the process, with =20 national Constitutional Committee chairman Pravin =20 Gordhan joining the bi-laterals.=20
Many of the contentious issues contained in the =20 constitution — including provision for a provincial =20 reserve force, provincial judiciary and constitutional =20 court, primacy of the provincial constitution over the =20 national constitution and the extension of the =20 territory to include territorial waters — have been =20 repeatedly rejected by the opposition parties. The IFP =20 has asked opposition parties to table detailed =20 reactions on the constitution next week — an exercise =20 that again covers old ground. It appears that Felgate =20 wants negotiations to start from scratch, ignoring all =20 agreements Konigkramer reached with the opposition.=20
Felgate has said the IFP constitution is merely a =20 starting point for negotiations, but he is committed to =20 securing the “maximum degree of autonomy” for KwaZulu-=20
“The more we can do to claim our rights now, the more =20 difficult it will be for the national constitution to =20 take away our powers,” said Felgate.=20
In this context, the IFP this week proposed December 22 =20 — when almost everyone is usually on holiday — as the =20 deadline for the adoption of a constitution in the =20 legislature, beating the deadline for the adoption of a =20 national constitution by about five months. =20
The ANC argues the IFP strategy is flawed because the =20 national constitution cannot be legally bound by the =20 provincial constitution. =20