South Africa Act 1909
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The South Africa Act 1909 was an Act of the British Parliament which created the Union of South Africa from the British Colonies of the Cape of Good Hope, Natal, Orange River Colony, and the Transvaal.
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[edit] Historical Background
Following their defeat in the aftermath of the Second Boer War, Britain annexed the independent Boer republics of the Transvaal (or South African Republic) and the Orange Free State; this was in addition to Britain's pre-existing colonies in the Cape of Good Hope and Natal. By 1907 self government had been granted to each of the colonies. Negotiations then took place for the formation of a wider union between them. These culminated in the South Africa Act, which was then presented to the British Parliament for approval.
[edit] Overview of the Act
[edit] I - Preliminary
Act to be cited as the South Africa Act, 1909.[1]
[edit] II - The Union
Proclamation of, and incorporation into, the Union
The King, with the advice of the Privy Council, may declare Union within one year of this Act being passed. Thereafter the Parliament of the Union of South Africa will exercise all power and authority previously vested in the colonies (Cape of Good Hope, Natal, Orange River Colony, Transvaal).[2] These four former colonies will become the original constituent provinces of the Union of South Africa, retaining the same boundaries.[3]
[edit] III - Executive Government
Executive Power
Executive government vested in the King (and his heirs and successors 'in the sovereignty of the United Kingdom of Great Britain and Ireland'[4]). Executive government may be exercised by Monarch in person, or by a Governor-General as his representative[5]
The Governor-General
The Governor-General shall be appointed by the King, holding, subject to this Act, such powers as the King is pleased to assign to him.[6] The King may grant permission for the Governor-General to appoint a deputy, in the event of the Governor-General's temporary absence. The Governor-General may delegate such powers as he sees fit to his deputy, subject to any limitations or directions given by the King. The appointment of a deputy does not preclude the Governor-General from exercising any of his powers or functions.[7]
The Executive Council
The Governor-General shall appoint an Executive Council to advise him in the government of the Union. Members will be chosen by Governor-General and sworn as executive councillors. Executive councillors will hold office during the Governor-General's pleasure.[8]
The Governor-General in Council
The Governor-General, when acting with the advice of the Executive Council, shall be referred to as the Governor-General in Council.[9]
Ministers of State
The Governor-General in Council will establish departments of State. The Governor-General may appoint up to ten officers to administer these various departments. These men, each of whom must be members of the Executive Council, will be the King's ministers of State for the Union. They will hold office at the pleasure of the Governor-General. No minister may hold office for more than three months without being, or becoming, a member of either House of Parliament.[10]
Appointments and removals from positions in the public service
All appointments to, and removals from, positions in the public service of the Union are under the control of the Governor-General in Council. The power to make such appointments or removals may be delegated.[11]
Transfer of executive powers from constituent colonies
The Governor-General and the Governor-General in Council shall assume all powers, authority, and functions which were vested in the Governor or Governor in Council of the constituent colonies (to the extent that these powers remain in existence and not delegated to another authority by this, or another, Act).[12]
Command of naval and military forces
The King is to be commander in chief of all naval and military forces within the Union, these powers may be vested in the Governor-General as the King's representative.[13]
The seat of Government
Pretoria shall be the seat of Government of the Union.[14]
[edit] IV - Parliament
Legislative Power
Legislative power shall be vested in the Parliament of the Union. Parliament shall consist of the King, the Senate, and the House of Assembly.[15]
Sessions of Parliament
The Governor-General has the power to summon or dissolve both the Senate and House of Assembly together or the House of Assembly alone (although there are restrictions on the use of the first option - the Senate may not be dissolved within the first ten years of the Union).[16] Parliament to be summoned to meet within six months of the establishment of the Union[17] - meeting at least every twelve months thereafter.[18]
Seat of Legislature
Cape Town shall be the seat of the Legislature of the Union.[19]
[edit] Senate
Initial constitution of the Senate
The Senate shall consist of forty Senators. Eight will be nominated by the Governor-General in Council and eight will be elected by each of the four original provinces of the Union.[20]
The eight Senators appointed by the Governor-General in Council will each hold office for ten years. At least half of these Senators should be chosen on the grounds of their familiarity with the wants and wishes of the coloured races of South Africa. The Governor-General in Council shall nominate replacements to replace any appointed Senator whose seat falls vacant; such a replacement Senator will likewise hold his seat for ten years.[21] Such appointed Senators will retain their seats in the event of a dissolution of the Senate, serving until such time as their term has expired.[22]
Each of the four original provinces shall elect eight Senators. After the passing of this Act, and before the establishment of the Union, the legislature of each colony shall each meet and elect eight persons to be Senators for their province. These Senators shall hold office for ten years. Should the seat of such a Senator fall vacant, the provincial council of the province which he represented shall choose a person to hold the seat for what remains of the original ten year term of office.[23]
Subsequent constitution of Senate
After the ten year period following the establishment of the Union has expired, Parliament may provide for the manner of appointment to the Senate as it sees fit. However, unless and until such provision is made:
- the Governor-General shall continue to nominate Senators as outlined above.
- Senators representing a province shall be elected by their provincial council together with the members of the House of Assembly elected for their province. Such Senators shall hold office for ten years, or until the Senate is next dissolved. Should the seat of an elected Senator fall vacant, the appropriate provincial council and members of the House of Assembly for such province, shall elect another to hold office as replacement for what remains of the term of office or until the Senate is next dissolved.[24]
Qualifications of Senators
All Senators must be not less than thirty years of age.[25] They must be registered voters[26] and must have resided within the Union for at least five years.[27] Senators must be British subjects of European descent.[28] Those Senators who are elected (those not appointed by the Governor-General in Council) must own immovable property to the value of not less than £500.[29]
President of the Senate
The Senate shall choose one amongst their number to be President of the Senate. The President shall cease to hold this office if he ceases to be a Senator. The President may be removed from office by a vote of the Senate. The President may resign his office by communicating this intention, in writing, to the Governor-General.[30] The Senate may choose a deputy President in the event that the President is absent.[31]
Resignation
A Senator may resign his seat by communicating this intention, in writing, to the Governor-General.[32]
Quorum
The presence of at least twelve Senators shall be required to constitute a meeting of the Senate for the exercise of its powers.[33]
Voting
All questions in the Senate shall be determined by a majority of votes of Senators present (excluding the President or, if presiding, his deputy). The President shall exercise a casting vote in the event of an even division of votes.[34]
[edit] House of Assembly
The House of Assembly shall be composed of members directly chosen by the voters of the Union. (s.32)
Original number of members
The number of members to be elected from the provinces for the first election, and thereafter until the number is altered in accordance with this Act, are:
Cape of Good Hope - 51 Natal - 17 Transvaal - 36 Orange Free State - 17
[edit] Both Houses of Parliament
[edit] Powers of Parliament
Parliament shall have full power to make laws for the peace, order, and good government of the Union. (s.59)
[edit] V - The Provinces
[edit] Administrators
In each province there shall be a chief executive officer, appointed by the Governor-General, who shall be styled the administrator of the province. All executive acts relating to provincial affairs shall be done in his name. The Governor-General shall, as far as practicable, give preference to persons resident therein when appointing the administrator for a particular province. Administrators shall hold office for a term of five years. They shall only be removed by the Governor-General. The Governor-General may appoint a deputy administrator to perform the duties and functions of the administrator during his absence, illness, or other inability. (s.68)
[edit] Provincial Councils
There shall be a provincial council in each province. The council will consist of the same number of members as are elected in the province for the House of Assembly. Those provinces which elect less than twenty-five members shall have a provincial council of twenty-five members. All qualified voters may become members of their provincial council. (s.70)
[edit] Executive Committees
[edit] Powers of Provincial Councils
[edit] Miscellaneous
[edit] VI - The Supreme Court of South Africa
The Supreme Court of South Africa will consist of the Chief Justice of South Africa, the ordinary judges of appeal, and the other judges of the several divisions of the Supreme Court of South Africa in the provinces. (s.95)
The Appellate Division of the Supreme Court of South Africa shall consist of the Chief Justice of South Africa, two ordinary judges of appeal, and two additional judges of appeal. The additional judges of appeal shall be chosen by the Governor-General from any of the provincial or local divisions of the Supreme Court of South Africa, but shall continue their duties as judges of their respective divisions when their attendance is not required in the Appellate Division. (s.96)
[edit] VII - Finance and Railways
[edit] VIII - General
[edit] XI - New Provinces and Territories
[edit] X - Amendment of Act
[edit] Schedule
[edit] Notes
[edit] Bibliography
- Brand, Hon. RH - The Union of South Africa, (1910), Clarendon Press
