Issued by: Ministry of Justice
29 December 1997
MR H J KRIEL Premier Western Cape
Dear Mr Kriel
On the evening of 23 December 1997, I received a letter from you relating to the ANC attitude to the function organised to celebrate the signing of the Western Cape constitution.
It appears that you wrote a letter on the basis of some information which you received from the media.
Your letter, inter alia, alleges:
1. The ANC intends to organise mass action in order to prevent people from attending the function.
2. The ANC is attempting to undermine democracy through mass action, toi toi-ing, and street disruptions.
3. I will be attempting (that is how you have personalised your letter) to sabotage the event through mass action and intimidation.
It is correct that neither the ANC nor I will be participating in the celebration organised by you. But where do you get the information which leads you to make the wild allegations set out above? You say it is "from the media", Which media are you talking about? I have seen or heard none of the statements from anybody in the ANC which justifies any of your allegations.
You then refer to the National Constitution and in particular certain clauses with which, according to you, the NP were not in agreement. You mention specifically abortion, the abolition of the death penalty and pornography. You are wrong in this regard. None of these matters are specifically dealt with in the constitution. The Bill of Rights sets out broad general principles which require constitutional interpretation. The National Constitution is the product of negotiation and compromise in the Constitutional Assembly. What is relevant, is the fact that the National Constitution made provision for the Government of National Unity and Government of Provincial Unity to continue for the full transition period of five years. It is precisely your determination to tamper with the structure of the executive - contrary to the spirit of the National Constitution - that has created the current problems in the province.
You are angry that the ANC is not willing to take part in the signing ceremony on the 15th. Your letter creates the strong impression that to be democratic, one must participate. That also is not in accordance with the letter and spirit of our constitution. Taking into account the history of the National Party, you should not try to lecture to us on democracy. Your attitude to democracy, as reflected in the letter, is reminiscent of the old days which thankfully are now gone.
For the record, let me indicate that the ANC (Western Cape) will not participate in the celebrations organised by you for 15 January 1998. It does envisage some form of protest action, but this does not involve any disruption, intimidation or unlawful action. Those (including ANC persons) who wish to attend, are free to do so. But as the ANC leadership in the Western Cape, we will not be there. Through our lawful protest, we seek to draw attention to the fact that the Western Cape is the only province in South Africa which has dumped the Government of Provincial Unity and is moving in a direction different from the rest of the country. The ANC believes that the Western Cape must not see itself as something different or separate from the rest of the country. We are part of South Africa and must participate in building non-racialism. We must also play our role in nation-building as well as social and economic transformation to improve the lives of all the people of the Western Cape.
I am complying with your request that you be informed by 31 December 1997 of our decision. Because I believe that beyond the signing of the Constitution, we still need to co-operate and work together in the best interest of the province, I am dismayed at the tone of your letter, as well as the wild statements contained therein.
Yours faithfully
DR A M OMAR MP MINISTER OF JUSTICE