Turnhalle Constitutional Conference
Encyclopedia
The Turnhalle Constitutional Conference was a controversial conference held in Windhoek
between 1975 and 1977, tasked with the development of a constitution
for a self-governed Namibia
under South Africa
n control. Sponsored by South African government, the Turnhalle Conference laid the framework for the government of South-West Africa from 1977 to independence
in 1989.
The conference was held in defiance of the 1972 United Nations General Assembly
decision to recognise the South West Africa People's Organization (SWAPO) as "sole legitimate representative" of Namibia's people. Consequently SWAPO, as well as other political groups rejecting apartheid, did not participate, and the UN rejected the conference and its proposals.
As a result of the Turnhalle Conference the Democratic Turnhalle Alliance party was formed in 1977, which won the 1978 elections and formed an interim government.
lost its colonies as a result of World War I
, South Africa took over the administration of the territory of South-West Africa as their de facto
fifth province, since 1920. This mandate over South-West Africa was granted by the League of Nations
, the predecessor of the UN. A request to annex the territory right away was, however, not granted. When South Africa introduced apartheid legislation in 1948 after an election victory of the right-wing National Party
, these laws also extended to South-West Africa.
In 1960, the South West Africa People's Organization (SWAPO) was founded. SWAPO soon began an armed guerrilla war against South African forces, and for this purpose formed its military wing, the People's Liberation Army of Namibia
(PLAN) in 1962. The Namibian War of Independence
, which soon escalated into the South African Border War
, started in August 1966. Later that year, the UN General Assembly revoked South Africa's mandate to govern South-West Africa, and created the position of a United Nations Commissioner for Namibia
. In 1972 it recognised SWAPO as the 'sole legitimate representative' of Namibia's people.
In the mean time, the white inhabitants of South-West Africa and conservative black members of the population tried to contain the violence and preserve the status quo
. The South African government hoped that by means of small reforms and compromises a broad spectrum of the indigenous population would cease their support for armed resistance. The aim of the Turnhalle Conference was the initiation of such dialogue and "pseudo-reforms".
, Tswana, Damara, Ovambo, Caprivians, Nama, Kavango, San, and Whites
. The chairman was Dirk Mudge
. Political parties were not considered when the South African administration picked the delegates. It was widely regarded as a South-African sponsored and initiated event, although conference chair Mudge later claimed that it was his idea alone.
The conference was officially opened on 1 September 1975 and met on several occasions in Windhoek's historic Turnhalle
building, after which it got its name. There were four plenary session
s between September 1975 and June 1976, and several committee meetings thereafter, comprising one delegate from each ethnic group. The members agreed on a preliminary constitution and suggested that South-West Africa become independent from South Africa by the end of 1978. On 6 October 1977 the conference was officially dissolved.
All three of these qualifiers have been questioned: The Turnhalle Constitution did not mandate any elections or other popular representation, something that would commonly be regarded a crucial component of both a democracy
and a republic
. It furthermore made no provisions for independent judiciary
or executive
and relied on the government of South Africa as superior authority. It is thus questionable in what way the interim constitution defined a state.
Although the Turnhalle Constitution provided for multi–racial participation in the interim government it entrenched the racial segregation of Namibia's population. Albeit indirectly, the economic and political power of the white population was reinforced. The constitution recognised some fundamental rights
but did not provide for significant protection of even the most basic of them. Despite severe criticism from black and white population groups as well as the international community, black delegates welcomed the start of institutionalised communication between the entrenched parties.
Additionally, three parties were founded for the purpose of joining the DTA:
The DTA won the subsequent 1978 South-West African legislative election
by a landslide, claiming 41 of the 50 seats. This was largely due to the situation that only Whites could vote. SWAPO and the Namibia National Front
boycotted the event. The United Nations Security Council
declared the election "null and void", and the subsequent interim government illegitimate. The interim government, consisting of a National Assembly and a Council of Ministers, lasted until 18 January 1983 when South Africa again assumed full administrative authority over South-West Africa.
Windhoek
Windhoek is the capital and largest city of the Republic of Namibia. It is located in central Namibia in the Khomas Highland plateau area, at around above sea level. The 2001 census determined Windhoek's population was 233,529...
between 1975 and 1977, tasked with the development of a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
for a self-governed Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...
under South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n control. Sponsored by South African government, the Turnhalle Conference laid the framework for the government of South-West Africa from 1977 to independence
Namibian War of Independence
See also South African Border War.The Namibian War of Independence, also known as the South African Border War, which lasted from 1966 to 1988, was a guerrilla war, which the nationalist South-West Africa People's Organization and others, fought against the apartheid government in South...
in 1989.
The conference was held in defiance of the 1972 United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
decision to recognise the South West Africa People's Organization (SWAPO) as "sole legitimate representative" of Namibia's people. Consequently SWAPO, as well as other political groups rejecting apartheid, did not participate, and the UN rejected the conference and its proposals.
As a result of the Turnhalle Conference the Democratic Turnhalle Alliance party was formed in 1977, which won the 1978 elections and formed an interim government.
Background
After Imperial GermanyGerman Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
lost its colonies as a result of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, South Africa took over the administration of the territory of South-West Africa as their de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
fifth province, since 1920. This mandate over South-West Africa was granted by the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
, the predecessor of the UN. A request to annex the territory right away was, however, not granted. When South Africa introduced apartheid legislation in 1948 after an election victory of the right-wing National Party
National Party (South Africa)
The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
, these laws also extended to South-West Africa.
In 1960, the South West Africa People's Organization (SWAPO) was founded. SWAPO soon began an armed guerrilla war against South African forces, and for this purpose formed its military wing, the People's Liberation Army of Namibia
People's Liberation Army of Namibia
The People's Liberation Army of Namibia was the active military wing of the South West Africa People's Organization during the Namibian War of Independence. It sought independence for the territory from South African rule. PLAN launched its first attack on the South African military at...
(PLAN) in 1962. The Namibian War of Independence
Namibian War of Independence
See also South African Border War.The Namibian War of Independence, also known as the South African Border War, which lasted from 1966 to 1988, was a guerrilla war, which the nationalist South-West Africa People's Organization and others, fought against the apartheid government in South...
, which soon escalated into the South African Border War
South African Border War
The South African Border War, commonly referred to as the Angolan Bush War in South Africa, was a conflict that took place from 1966 to 1989 in South-West Africa and Angola between South Africa and its allied forces on the one side and the Angolan government, South-West Africa People's...
, started in August 1966. Later that year, the UN General Assembly revoked South Africa's mandate to govern South-West Africa, and created the position of a United Nations Commissioner for Namibia
United Nations Commissioner for Namibia
United Nations Commissioner for South-West Africa was a post created by the United Nations General Assembly in 1966 to assert the UN's direct responsibility for South-West Africa which was then under illegal occupation by apartheid South Africa....
. In 1972 it recognised SWAPO as the 'sole legitimate representative' of Namibia's people.
In the mean time, the white inhabitants of South-West Africa and conservative black members of the population tried to contain the violence and preserve the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
. The South African government hoped that by means of small reforms and compromises a broad spectrum of the indigenous population would cease their support for armed resistance. The aim of the Turnhalle Conference was the initiation of such dialogue and "pseudo-reforms".
Conference setup
The Turnhalle Conference was attended by 134 members of 11 ethnic groups: Ovaherero, Coloureds, BasterBaster
The Basters are the descendants of Cape Colony Dutch and indigenous African women. They largely live in Namibia and are similar to Coloured or Griqua people in South Africa....
, Tswana, Damara, Ovambo, Caprivians, Nama, Kavango, San, and Whites
Whites in Namibia
White Namibians are people of European or Southern African birth or descent living in Namibia. Most white Namibians are Afrikaners, while some are descended from German, Portuguese, or English immigrants.- Distribution :...
. The chairman was Dirk Mudge
Dirk Mudge
Dirk Frederik Mudge is a Namibian farmer and former politician. He was a member of the Constituent Assembly and first National Assembly from 1989-1994. He broke with the National Party and sided with the Democratic Turnhalle Alliance of Namibia...
. Political parties were not considered when the South African administration picked the delegates. It was widely regarded as a South-African sponsored and initiated event, although conference chair Mudge later claimed that it was his idea alone.
The conference was officially opened on 1 September 1975 and met on several occasions in Windhoek's historic Turnhalle
Turnhalle (Windhoek)
The Turnhalle is a historic building in Windhoek, the capital of Namibia. Built during the era of Imperial Germany colonisation of South-West Africa, it has been through a variety of uses, most prominently as the venue for the 1975–1977 Turnhalle Constitutional Conference, a controversial attempt...
building, after which it got its name. There were four plenary session
Plenary session
Plenary session is a term often used in conferences to define the part of the conference when all members of all parties are to attend.These sessions may contain a broad range of content from keynotes to panel discussions and are not necessarily related to a specific style of delivery.The term has...
s between September 1975 and June 1976, and several committee meetings thereafter, comprising one delegate from each ethnic group. The members agreed on a preliminary constitution and suggested that South-West Africa become independent from South Africa by the end of 1978. On 6 October 1977 the conference was officially dissolved.
Results
The conference produced a 29-page document entitled "Petition for the establishment of an interim government". The petition, which has been said to have been produced under great time pressure, contains a request to set up an interim government for the territory of South-West Africa / Namibia, as well as a draft constitution for "a republican, democratic state".All three of these qualifiers have been questioned: The Turnhalle Constitution did not mandate any elections or other popular representation, something that would commonly be regarded a crucial component of both a democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
and a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
. It furthermore made no provisions for independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
or executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and relied on the government of South Africa as superior authority. It is thus questionable in what way the interim constitution defined a state.
Although the Turnhalle Constitution provided for multi–racial participation in the interim government it entrenched the racial segregation of Namibia's population. Albeit indirectly, the economic and political power of the white population was reinforced. The constitution recognised some fundamental rights
Fundamental rights
Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...
but did not provide for significant protection of even the most basic of them. Despite severe criticism from black and white population groups as well as the international community, black delegates welcomed the start of institutionalised communication between the entrenched parties.
Aftermath
As a result of the conference, many of the participating delegates agreed to aggregate their small, ethnically defined parties into one bigger body that was able to form a counterbalance to SWAPO. On 5 November 1977 they founded the Democratic Turnhalle Alliance (DTA) with Clemence Kapuuo as first president. The parties that joined the DTA were:- South West African Labour Party
- Rehoboth Baster Association, at that occasion renamed into Rehoboth DTA Party
- National Unity Democratic Organization
- South West Africa People's Democratic United Front
- Nama Alliance, at that occasion renamed into Namibia Democratic Turnhalle Party,
- Republican PartyRepublican Party (Namibia)The Republican Party was a political party in Namibia, based among the white minority. Henk Mudge is its President and its sole representative in the National Assembly. Prior to the 2004 parliamentary election, the Republican Party was part of the Democratic Turnhalle Alliance . It was revived as...
- National Democratic PartyNational Democratic Party (Namibia)The National Democratic Party was a political party in Namibia. It was formed in 1973 as the Ovamboland Independence Party by Silas Ipumbu. It took the name NDP to contest the elections to the Ovambo Legislative Assembly. The party's base was amongst the Ovambo people....
Additionally, three parties were founded for the purpose of joining the DTA:
- National Democratic Unity Party
- Tswana Alliance, later renamed to Seoposengwe PartySeoposengwe PartyThe Seoposengwe Party was a political party in Namibia. The party emerged out of the Tshwana Alliance in 1980, and sought to represent the Tshwana community. The party allied itself with the main pro-apartheid party in Namibia, the Democratic Turnhalle Alliance....
- Caprivi Alliance PartyCaprivi Alliance PartyThe Caprivi Alliance Party was a political party in Namibia. In September 1985, the party merged into the United Democratic Party....
The DTA won the subsequent 1978 South-West African legislative election
South-West African legislative election, 1978
Parliamentary elections were held in South West Africa between 4 and 8 December 1978. The first multi-ethnic elections, they were won by the Democratic Turnhalle Alliance, which claimed 41 of the 50 seats. However, the elections were boycotted by SWAPO and the Namibia National Front, and were...
by a landslide, claiming 41 of the 50 seats. This was largely due to the situation that only Whites could vote. SWAPO and the Namibia National Front
Namibia National Front
The Namibia National Front was an alliance of moderate parties in Namibia. It was formed in 1977 as a merger of the Namibia National Convention and the Namibia National Council....
boycotted the event. The United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
declared the election "null and void", and the subsequent interim government illegitimate. The interim government, consisting of a National Assembly and a Council of Ministers, lasted until 18 January 1983 when South Africa again assumed full administrative authority over South-West Africa.