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The National Convention (
Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
: ''Nationale Conventie'',
Afrikaans Afrikaans (, ) is a West Germanic language that evolved in the Dutch Cape Colony from the Dutch vernacular of Holland proper (i.e., the Hollandic dialect) used by Dutch, French, and German settlers and their enslaved people. Afrikaans gr ...
: ''Nasionale Konvensie''), also known as the Convention on the Closer Union of South Africa or the Closer Union Convention, was a constitutional convention held between 1908 and 1909 in
Durban Durban ( ) ( zu, eThekwini, from meaning 'the port' also called zu, eZibubulungwini for the mountain range that terminates in the area), nicknamed ''Durbs'',Ishani ChettyCity nicknames in SA and across the worldArticle on ''news24.com'' from ...
(12 October to 5 November 1908),
Cape Town Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest ...
(23 November to 18 December 1908, 11 January to 3 February 1909) and
Bloemfontein Bloemfontein, ( ; , "fountain of flowers") also known as Bloem, is one of South Africa's three capital cities and the capital of the Free State province. It serves as the country's judicial capital, along with legislative capital Cape To ...
(3 May to 11 May 1909). The convention led to the adoption of the
South Africa Act The South Africa Act 1909 was an Act of the Parliament of the United Kingdom, which created the Union of South Africa from the British Cape Colony, Colony of Natal, Orange River Colony, and Transvaal Colony. The Act also made provisions for p ...
by the
British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
and thus to the creation of the
Union of South Africa The Union of South Africa ( nl, Unie van Zuid-Afrika; af, Unie van Suid-Afrika; ) was the historical predecessor to the present-day Republic of South Africa. It came into existence on 31 May 1910 with the unification of the Cape, Natal, Tr ...
. The four colonies of the area that would become South Africa - the
Cape Colony The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British colony in present-day South Africa named after the Cape of Good Hope, which existed from 1795 to 1802, and again from 1806 to 1910, when it united with ...
,
Natal Colony The Colony of Natal was a British colony in south-eastern Africa. It was proclaimed a British colony on 4 May 1843 after the British government had annexed the Boer Republic of Natalia, and on 31 May 1910 combined with three other colonies to ...
, the
Orange River Colony The Orange River Colony was the British colony created after Britain first occupied (1900) and then annexed (1902) the independent Orange Free State in the Second Boer War. The colony ceased to exist in 1910, when it was absorbed into the Union ...
and the
Transvaal Colony The Transvaal Colony () was the name used to refer to the Transvaal region during the period of direct British rule and military occupation between the end of the Second Boer War in 1902 when the South African Republic was dissolved, and the ...
- were represented at the convention, along with a delegation from
Rhodesia Rhodesia (, ), officially from 1970 the Republic of Rhodesia, was an unrecognised state in Southern Africa from 1965 to 1979, equivalent in territory to modern Zimbabwe. Rhodesia was the ''de facto'' successor state to the British colony of So ...
. There were 33 delegates in total, with the Cape being represented by 12, the Transvaal eight, the Orange River five, Natal five, and Rhodesia three. The convention was held behind closed doors, in the fear that a public affair would lead delegates to refuse compromising on contentious areas of disagreement. All the delegates were
white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White ...
men, a third of them were farmers, ten were
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
s, and some were
academics An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, ...
. Two-thirds had fought on either side of the
Second Boer War The Second Boer War ( af, Tweede Vryheidsoorlog, , 11 October 189931 May 1902), also known as the Boer War, the Anglo–Boer War, or the South African War, was a conflict fought between the British Empire and the two Boer Republics (the So ...
. By the end of the convention, the delegates had drawn up a constitution that would, subject to some amendments by the British government, become the South Africa Act, which was South Africa's constitution between 1910 and 1961, when the country became a
republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...
under the Constitution of 1961.


Background

The first attempt to establish a union of the colonies of Southern Africa was in 1858, when burghers of the
Orange Free State The Orange Free State ( nl, Oranje Vrijstaat; af, Oranje-Vrystaat;) was an independent Boer sovereign republic under British suzerainty in Southern Africa during the second half of the 19th century, which ceased to exist after it was defeat ...
sent a petition to Sir George Grey, the then Governor of the Cape Colony, requesting the formation of a "compact union" including the Free State, the Cape, and Natal (but excluding the Transvaal). The
Volksraad The Volksraad was a people's assembly or legislature in Dutch or Afrikaans speaking government. Assembly South Africa * Volksraad (South African Republic) (1840–1902) * Volksraad (Natalia Republic), a similar assembly that existed in the Natalia ...
of the Orange Free State followed up the petition with a resolution requesting the
State President The State President of the Republic of South Africa ( af, Staatspresident) was the head of state of South Africa from 1961 to 1994. The office was established when the country became a republic on 31 May 1961, albeit, outside the Commonweal ...
,
Jacobus Nicolaas Boshoff Jacobus Nicolaas Boshof (31 January 1808 – 21 April 1881) was a South African (Boer) statesman, a late-arriving member of the Voortrekker movement, and the second state president of the Orange Free State, in office from 1855 to 1859. Biography ...
, to communicate with Grey and proposing a conference. When Grey communicated this to the Colonial Secretary,
Edward Bulwer-Lytton Edward George Earle Lytton Bulwer-Lytton, 1st Baron Lytton, PC (25 May 180318 January 1873) was an English writer and politician. He served as a Whig member of Parliament from 1831 to 1841 and a Conservative from 1851 to 1866. He was Secre ...
in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
, Lytton replied that the
British government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...
was not prepared to resume
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
over the Free State, which it had previously controlled as the
Orange River Sovereignty The Orange River Sovereignty (1848–1854) was a short-lived political entity between the Orange and Vaal rivers in Southern Africa, a region known informally as Transorangia. In 1854, it became the Orange Free State, and is now the Free State ...
between 1848 and 1854. In 1871, the Cape House of Assembly passed a resolution approving of the idea of union, and in 1872 the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
similarly resolved that it would be "desirable" for a
confederation A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical iss ...
between the colonies and republics of South Africa to be established. In 1874, Lord Henry Carnarvon, who had introduced the
British North America Act The British North America Acts 1867–1975 are a series of Acts of Parliament that were at the core of the constitution of Canada. Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. In Canada, some ...
, sent
James Anthony Froude James Anthony Froude ( ; 23 April 1818 – 20 October 1894) was an English historian, novelist, biographer, and editor of '' Fraser's Magazine''. From his upbringing amidst the Anglo-Catholic Oxford Movement, Froude intended to become a clerg ...
to report on the situation in the region. Froude's presence was, however, resented, due to the South Africans' desire "that union should come from within, not dictated by
Downing Street Downing Street is a street in Westminster in London that houses the official residences and offices of the Prime Minister of the United Kingdom and the Chancellor of the Exchequer. Situated off Whitehall, it is long, and a few minutes' walk f ...
". Froude's report led to the British Parliament passing the South Africa Act, 1877, "for the Union under one Government of such of the South African Colonies and States as may agree thereto". It would have modeled the South African union on the Canadian model, but "South Africa had hardly been consulted" in its promulgation and no Cape parliamentarians were willing to sponsor it locally. The Act expired in August 1882, without being implemented. The
First Boer War The First Boer War ( af, Eerste Vryheidsoorlog, literally "First Freedom War"), 1880–1881, also known as the First Anglo–Boer War, the Transvaal War or the Transvaal Rebellion, was fought from 16 December 1880 until 23 March 1881 betwee ...
(1880 to 1881) intervened in the journey toward union, and it was not until 1889 when a
customs union A customs union is generally defined as a type of trade bloc which is composed of a free trade area with a common external tariff.GATTArticle 24 s. 8 (a) Customs unions are established through trade pacts where the participant countries set up ...
was formed between the Cape and the Free State, which were joined in 1899 by the other territories with the exception of the Transvaal. The Second Boer War (1899 to 1902), which the British won, led to the formerly-independent Boer republics becoming British colonies. The customs union was renewed in 1903, now including the Transvaal. In 1907, the
High Commissioner for Southern Africa The British office of high commissioner for Southern Africa was responsible for governing British possessions in Southern Africa, latterly the protectorates of Basutoland (now Lesotho), the Bechuanaland Protectorate (now Botswana) and Swaziland ...
, Lord William Selborne was tasked with preparing a report on the disunion of the colonies, titled ''Review of the Present Mutual Relations of the British South African Colonies,'' described as an equivalent of the
Durham Report The ''Report on the Affairs of British North America'', (1839) commonly known as the ''Durham Report'' or ''Lord Durham's Report'', is an important document in the history of Quebec, Ontario, Canada and the British Empire. The notable British ...
. The report regarded the disunion in the region as artificial, and noted the shared "
Native Native may refer to: People * Jus soli, citizenship by right of birth * Indigenous peoples, peoples with a set of specific rights based on their historical ties to a particular territory ** Native Americans (disambiguation) In arts and entert ...
problem" and fiscal and economic matters. At this time the white population of the four colonies stood at around one million, with natives numbering five million. In May 1908, the Intercolonial Customs and Railways Conference met to discuss the issue of union as well as railway and customs. Frederick Robert Moor, Prime Minister of Natal, was chosen as chairman of the conference. Each of the four self-governing colonies had three representatives: John Xavier Merriman, Jacobus Wilhelmus Sauer, and Francois Stephanus Malan representing the Cape Colony; Moor, Charles O'Grady Gubbins, and Charles Hitchins representing the Natal Colony;
Louis Botha Louis Botha (; 27 September 1862 – 27 August 1919) was a South African politician who was the first prime minister of the Union of South Africa – the forerunner of the modern South African state. A Boer war hero during the Second Boer Wa ...
,
Jan Christiaan Smuts Field Marshal Jan Christian Smuts, (24 May 1870 11 September 1950) was a South African statesman, military leader and philosopher. In addition to holding various military and cabinet posts, he served as Prime Minister of South Africa, prime m ...
, and
Henry Charles Hull Henry Charles Hull was the first South African Minister of Finance when the Union of South Africa was formed in March 1910. He served in the first Louis Botha cabinet. He assisted in drafting of South Africa's first constitution. He was a lawyer, ...
representing the Transvaal Colony; and
Abraham Fischer Abraham Fischer (9 April 1850 – 16 November 1913) was a South African statesman. He was the sole Prime Minister of the Orange River Colony in South Africa, and when that ceased to exist joined the cabinet of the newly formed Union of South Afri ...
,
James Barry Munnik Hertzog General James Barry Munnik Hertzog (3 April 1866 – 21 November 1942), better known as Barry Hertzog or J. B. M. Hertzog, was a South African politician and soldier. He was a Boer general during the Second Boer War who served ...
, and Alfred Ernest William Ramsbottom frepresenting the Orange River Colony. Rhodesia and the
Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...
province of
province of Mozambique A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions out ...
participated on the understanding that their delegates could not vote on or discuss anything that did not concern their territories directly or which they were not legally competent to address. Lewis Loyd Michell,
Francis James Newton Sir Francis James Newton (1857 – 8 May 1948) was a senior colonial administrator in different parts of the British Empire, principally in Southern Rhodesia (now Zimbabwe). Early life He was the son of Francis Rodes Newton (1827–1886), a ...
, and EC Baxter represented Rhodesia; and TAG Rosado and BM d'Almeida represented Mozambique. The conference unanimously accepted Smuts' motions, which read as follows:
"(a) That in the opinion of this Conference the best interests and the permanent prosperity of South Africa can only be secured by an early union, under the Crown of Great Britain, of the several self-governing Colonies;
(b) that to the union contemplated in the foregoing resolution Rhodesia shall be entitled to admission at such time and on such conditions as may hereafter be agreed upon;
(c) that the members of this Conference agree to submit the foregoing resolutions to the Legislatures of their respective Colonies, and to take such steps as may be necessary to obtain their consent to the appointment of delegates to a National South African Convention, whose object shall be to consider and report on the most desirable form of South African Union and to prepare a draft constitution;
(d) the Convention shall consist of not more than (12) twelve delegates from the Cape Colony, not more than (8) eight delegates from the Transvaal, not more than (5) five delegates from Natal and the Orange River Colony respectively, and it shall meet as soon as convenient after the next Sessions of all the Parliaments; provided that as soon as at least two Colonies shall have appointed their delegates the Convention shall be considered as constituted;
(e) the Convention shall publish the draft constitution as soon as possible, and shall, in consultation with the Governments of the self-governing Colonies, determine the further steps to be taken in reference thereto;
(f) in the Convention the voting shall be ''per capita'' and not by States. A Chairman shall be elected from the members who shall have the right of speaking and voting, and in the event of an equality of votes shall have a casting vote."
At this time public opinion was in favor of a union between the colonies, with the business community and especially the mining houses being convinced of the financial and economic benefits union might entail. Disunion was widely blamed as a cause of much of the region's social and economic woes. The Closer Union Society was founded in Cape Town in mid-1908, with former Cape prime minister
William Philip Schreiner William Philip Schreiner (30 August 1857 – 28 June 1919) was a barrister, politician, statesman and Prime Minister of the Cape Colony during the Second Boer War. Early life Schreiner was born at Wittebergen Mission Station near Hersch ...
as its president. The Society's aim was "to encourage the formation of similar societies throughout Cape Colony and South Africa and to disseminate information on all aspects and systems of closer Union", with several closer union societies being established across the colonies. It published ''The Framework of Union'' in 1908 which explained the constitutional structures of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, Canada,
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
and
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, with a view to propagate the idea of union among South Africans.
Mahatma Gandhi Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...
spoke at an event of the Transvaal Closer Union Society on the topic of immigration law.


Delegates

The delegates to the National Convention were: *
Cape of Good Hope The Cape of Good Hope ( af, Kaap die Goeie Hoop ) ;''Kaap'' in isolation: pt, Cabo da Boa Esperança is a rocky headland on the Atlantic coast of the Cape Peninsula in South Africa. A common misconception is that the Cape of Good Hope is ...
(12) ** John de Villiers - Chief Justice and President of the Legislative Council (President of the Convention) ** John Xavier Merriman - Prime Minister and Treasurer, and
South African Party nl, Zuidafrikaanse Partij , leader1_title = Leader (s) , leader1_name = Louis Botha,Jan Smuts, Barry Hertzog , foundation = , dissolution = , merger = Het Volk South African PartyAfrikaner BondOrangia Unie , merged ...
MP for
Victoria West Victoria West is a town in the central Karoo region of South Africa's Northern Cape province. It is situated on the main N12 route, at an elevation of . It is the seat of the Ubuntu Local Municipality within the Pixley ka Seme District Municipa ...
and
Stellenbosch Stellenbosch (; )A Universal Pronounc ...
** Jacobus Wilhelmus Sauer - Commissioner of Public Works and South African Party MP for
Aliwal North Aliwal North (officially Maletswai) is a town in central South Africa on the banks of the Orange River, Eastern Cape Province. It is a medium-sized commercial centre in the northernmost part of the Eastern Cape. History Sir Harry Smith, then ...
and George ** Francois Stephanus Malan - Secretary for Agriculture and South African Party MP for
Malmesbury Malmesbury () is a town and civil parish in north Wiltshire, England, which lies approximately west of Swindon, northeast of Bristol, and north of Chippenham. The older part of the town is on a hilltop which is almost surrounded by the upp ...
**
Leander Starr Jameson Sir Leander Starr Jameson, 1st Baronet, (9 February 1853 – 26 November 1917), was a British colonial politician, who was best known for his involvement in the ill-fated Jameson Raid. Early life and family He was born on 9 February 1853, o ...
- Leader of the
Progressive Party Progressive Party may refer to: Active parties * Progressive Party, Brazil * Progressive Party (Chile) * Progressive Party of Working People, Cyprus * Dominica Progressive Party * Progressive Party (Iceland) * Progressive Party (Sardinia), Ita ...
and MP for Kimberley and
Grahamstown Makhanda, also known as Grahamstown, is a town of about 140,000 people in the Eastern Cape province of South Africa. It is situated about northeast of Port Elizabeth and southwest of East London. Makhanda is the largest town in the Makana ...
**
Edgar Harris Walton Edgar is a commonly used English given name, from an Anglo-Saxon name ''Eadgar'' (composed of '' ead'' "rich, prosperous" and ''gar'' "spear"). Like most Anglo-Saxon names, it fell out of use by the later medieval period; it was, however, re ...
- Progressive Party MP for
Port Elizabeth Gqeberha (), formerly Port Elizabeth and colloquially often referred to as P.E., is a major seaport and the most populous city in the Eastern Cape province of South Africa. It is the seat of the Nelson Mandela Bay Metropolitan Municipality, So ...
and owner-editor of the ''
Eastern Province Herald The ''Eastern Province Herald'' is a newspaper, founded in 1845 and based in Port Elizabeth, South Africa. John Paterson, founder of the ''Eastern Province Herald'' (1822-1880) John Paterson was born in March 1822 in Aberdeen, Scotland, the ...
'' **
Thomas Smartt Sir William Thomas Smartt ( Ireland, 22 February 1858 - Cape Town, 17 April 1929) was a South African politician, and founder and leader of the Unionist Party. He graduated in medicine at Trinity College Dublin in 1880 and left for Sout ...
- Progressive Party MP for
Fort Beaufort Fort Beaufort ( Xhosa: iBhofolo) is a town in the Amatole District of South Africa's Eastern Cape Province, and had a population of 25,668 in 2011. The town was established in 1837 and became a municipality in 1883. The town lies at the conflu ...
** Col. Walter Ernest Mortimer Stanford - Independent MP for Tembuland **
John William Jagger John William Jagger (20 September 1859, Yorkshire - 20 June 1930, Cape Town) was a South African businessman and cabinet minister. He emigrated to South Africa in 1880 and became a clerk in a business in Cape Town. In 1883 he established his own ...
f- Progressive Party MP for Cape Town ** Hercules Christiaan van Heerden - Chairman of the
Afrikaner Bond The Afrikaner Bond (Afrikaans and Dutch for "Afrikaner Union"; South African Dutch: Afrikander Bond) was founded as an anti-imperialist political party in 19th century southern Africa. While its origins were largely in the Orange Free State, ...
and South African Party MP for Cradock ** Gysbert Henry Maasdorp - South African Party MP for
Graaff Reinet Graaff-Reinet is a town in the Eastern Cape Province of South Africa. It is the oldest town in the province. It is also the sixth-oldest town in South Africa, after Cape Town, Stellenbosch, Simon's Town, Paarl and Swellendam. The town was t ...
**
Johannes Hendricus Meiring Beck Sir Johannes Hendricus Meiring Beck, FRSE (28 November 1855, Worcester - 15 May 1919, Cape Town) was a Cape and later South African physician and politician. He was a member of the Cape Colony delegation to the National Convention between 190 ...
- South African Party MP for
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engla ...
* Natal (5) ** Frederick Robert Moor - Prime Minister and Minister of Native Affairs, and MP for
Weenen Weenen (Dutch for "wept") is the second oldest European settlement in KwaZulu-Natal, South Africa. It is situated on the banks of the Bushman River. The farms around the town grow vegetables, lucerne, groundnuts, and citrus fruit. History The p ...
** Col.
Edward Mackenzie Greene Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...
- Minister of Railways and Harbours and MP for
Lions River Lions River is a town in uMngeni Local Municipality in the KwaZulu-Natal province of South Africa, situated between Lidgetton Lidgetton is a town in uMngeni Local Municipality in the KwaZulu-Natal province of South Africa South Africa, ...
** Thomas Hyslop - MP for Umgeni **
Charles John Smythe Charles John Smythe (21 April 1852 – May 1918) was prime minister of the Colony of Natal from 1905 to 1906. He was the grandfather of Victoria Cross winner Quentin Smythe Quentin George Murray Smythe (6 August 1916 – 22 October 1997) was ...
- MP for
Lions River Lions River is a town in uMngeni Local Municipality in the KwaZulu-Natal province of South Africa, situated between Lidgetton Lidgetton is a town in uMngeni Local Municipality in the KwaZulu-Natal province of South Africa South Africa, ...
** William Boase Morcom* - MP for Pietermartizburg ** Thomas Watt* - MP for
Newcastle Newcastle usually refers to: *Newcastle upon Tyne, a city and metropolitan borough in Tyne and Wear, England *Newcastle-under-Lyme, a town in Staffordshire, England *Newcastle, New South Wales, a metropolitan area in Australia, named after Newcastle ...
* Transvaal (8) ** Gen.
Louis Botha Louis Botha (; 27 September 1862 – 27 August 1919) was a South African politician who was the first prime minister of the Union of South Africa – the forerunner of the modern South African state. A Boer war hero during the Second Boer Wa ...
- Prime Minister and Het Volk MP for
Standerton Standerton is a large commercial and agricultural town lying on the banks of the Vaal River in Mpumalanga, South Africa, which specialises in cattle, dairy, maize and poultry farming. The town was established in 1876 and named after Boer leader Co ...
, Chairman of Het Volk ** Gen.
Jan Christiaan Smuts Field Marshal Jan Christian Smuts, (24 May 1870 11 September 1950) was a South African statesman, military leader and philosopher. In addition to holding various military and cabinet posts, he served as Prime Minister of South Africa, prime m ...
- Colonial Secretary and Het Volk MP for Wonderboom **
Henry Charles Hull Henry Charles Hull was the first South African Minister of Finance when the Union of South Africa was formed in March 1910. He served in the first Louis Botha cabinet. He assisted in drafting of South Africa's first constitution. He was a lawyer, ...
- Colonial Treasurer and National Association MP for Georgetown ** George Herbert Farrar - Leader of the Opposition and Progressive Association MP for
Boksburg Boksburg is a city on the East Rand of Gauteng province of South Africa. Gold was discovered in Boksburg in 1887. Boksburg was named after the State Secretary of the South African Republic, W. Eduard Bok. The Main Reef Road linked Boksburg ...
East **
James Percy Fitzpatrick Sir James Percy FitzPatrick, (24 July 1862 – 24 January 1931), known as Percy FitzPatrick, was a South African author, politician, mining financier and pioneer of the fruit industry. He authored the classic children's book, '' Jock of the Bu ...
- Progressive Association MP for
Pretoria Pretoria () is South Africa's administrative capital, serving as the seat of the executive branch of government, and as the host to all foreign embassies to South Africa. Pretoria straddles the Apies River and extends eastward into the foothi ...
South Central **
Henry Lill Lindsay Henry may refer to: People * Henry (given name) *Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portuga ...
- Progressive Association MP for
Troyeville Troyeville is a suburb of Johannesburg, South Africa. It is a small suburb found on the eastern edge of the Johannesburg central business district (CBD), with the suburbs of New Doornfontein, Bertrams and Lorentzville to the north, Fairview t ...
** Gen.
Schalk Willem Burger Schalk Willem Burger (6 September 1852 – 5 December 1918) was a South African military leader, lawyer, politician, and statesman who was acting president of the South African Republic from 1900 to 1902, whilst Paul Kruger was in exile.Nat ...
- Het Volk MP for
Lydenburg Lydenburg, officially known as Mashishing, is a town in Thaba Chweu Local Municipality, on the Mpumalanga highveld, South Africa. It is situated on the Sterkspruit/Dorps River tributary of the Lepelle River at the summit of the Long Tom Pass. ...
South ** Gen. Jacobus Herculaas de la Rey - Het Volk MP for
Ventersdorp Ventersdorp is a town of 4,200 in Dr Kenneth Kaunda District Municipality, North West Province, South Africa. It was the seat of the defunct Ventersdorp Local Municipality until 2016. Ventersdorp is centrally located, making it easier to access ...
*
Orange River The Orange River (from Afrikaans/Dutch: ''Oranjerivier'') is a river in Southern Africa. It is the longest river in South Africa. With a total length of , the Orange River Basin extends from Lesotho into South Africa and Namibia to the north ...
(5) **
Abraham Fischer Abraham Fischer (9 April 1850 – 16 November 1913) was a South African statesman. He was the sole Prime Minister of the Orange River Colony in South Africa, and when that ceased to exist joined the cabinet of the newly formed Union of South Afri ...
- Prime Minister and Colonial Secretary, and
Orangia Unie Orangia Unie (United Orange) was a political party established in May 1906 in the Orange River Colony (formerly the Orange Free State) under the leadership of Abraham Fischer, Martinus Theunis Steyn and J. B. M. Hertzog. When the colony gained sel ...
fMP for
Bethlehem Bethlehem (; ar, بيت لحم ; he, בֵּית לֶחֶם '' '') is a city in the central West Bank, Palestine, about south of Jerusalem. Its population is approximately 25,000,Amara, 1999p. 18.Brynen, 2000p. 202. and it is the capital ...
**
Martinus Theunis Steyn Martinus (or Marthinus) Theunis Steyn (; 2 October 1857 – 28 November 1916) was a South African lawyer, politician, and statesman. He was the sixth and last president of the independent republic the Orange Free State from 1896 to 1902. Earl ...
- former State President (Vice-President of the Convention) ** Gen.
James Barry Munnik Hertzog General James Barry Munnik Hertzog (3 April 1866 – 21 November 1942), better known as Barry Hertzog or J. B. M. Hertzog, was a South African politician and soldier. He was a Boer general during the Second Boer War who served ...
- Attorney-General and Minister of Education, Orangia Unie MP for Smithfield ** Gen. Christiaan Rudolf de Wet - Minister of Agriculture and Orangia Unie MP for Vredefort ** Albert Browne - Constitutionalist Party Member of the Legislative Council *
Rhodesia Rhodesia (, ), officially from 1970 the Republic of Rhodesia, was an unrecognised state in Southern Africa from 1965 to 1979, equivalent in territory to modern Zimbabwe. Rhodesia was the ''de facto'' successor state to the British colony of So ...
(3) **
William Henry Milton Sir William Henry Milton (3 December 1854 – 6 March 1930) was the third Administrator of Mashonaland, played rugby for England and was South Africa's second Test cricket captain. Born in Little Marlow, Buckinghamshire, and educated at Marlbo ...
-
Administrator Administrator or admin may refer to: Job roles Computing and internet * Database administrator, a person who is responsible for the environmental aspects of a database * Forum administrator, one who oversees discussions on an Internet forum * N ...
and President of the Executive and Legislative Councils ** Charles Patrick John Coghlan - Member of the Legislative Council **
Lewis Lloyd Michell Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead ...
- former Minister without Portfolio, Cape Colony* Thomas Watt replaced William Boase Morcom at the National Convention on 11 January 1909.


Contentious issues

The main areas of contention at the National Convention were the following, with the first three being the most controversial: * Whether South Africa would be a
federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
or a
unitary state A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...
. * What the franchise of the new union would be, with particular regard to the status of the black and
coloured Coloureds ( af, Kleurlinge or , ) refers to members of multiracial ethnic communities in Southern Africa who may have ancestry from more than one of the various populations inhabiting the region, including African, European, and Asian. South ...
races. * How South Africa would be divided into
administrative division Administrative division, administrative unit,Article 3(1). country subdivision, administrative region, subnational entity, constituent state, as well as many similar terms, are generic names for geographical areas into which a particular, ind ...
s, especially the
provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
. * The status of the two dominant European languages,
Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
(later
Afrikaans Afrikaans (, ) is a West Germanic language that evolved in the Dutch Cape Colony from the Dutch vernacular of Holland proper (i.e., the Hollandic dialect) used by Dutch, French, and German settlers and their enslaved people. Afrikaans gr ...
) and
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...
. * Where the
capital city A capital city or capital is the municipality holding primary status in a country, state, province, department, or other subnational entity, usually as its seat of the government. A capital is typically a city that physically encompasses t ...
would be located. The convention adopted equality between Dutch and English, with both becoming official languages of the new South Africa. It was also decided that South Africa would have three capital cities: Cape Town would host the national Parliament, Pretoria would host the civil service, and the apex court would be located in Bloemfontein. Natal's consolation prize was securing a lucrative railway agreement for which it had been pressing since 1903.


Federal or unitary?

Leading up to the convention, most sought a federal dispensation. The Transvaal delegation was concerned that the Transvaal would ultimately be financially responsible for all the other provinces, given that its "treasury was full and overflowing, and the treasuries of the other three colonies were empty, faced with the problem of balancing their budgets". Natal and the Orange River feared that, because they were the two smaller territories, the voting power of the Cape and the Transvaal would negate their representation. Natal, having been predominantly English among its white inhabitants and being the most fervent supporter of federalism, specifically feared that a
Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
culture and language culture would be forced upon it. The Cape sought to protect the qualified franchise it had adopted which allowed black and coloureds to stand for elections and vote. Jan Smuts was the primary sponsor of the idea that South Africa should be a unitary state. He criticized the American federal model as "ineffective for the essential purpose of civilized government" because individual states could make their own law, and South Africa had by that time already experienced too much legislative confusion, in Smuts' view. A strict federal model could also not respond quickly enough to pressing issues. Smuts also regarded Canadian federalism as emphasizing the jealousies and differences of race and religion, and felt
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
n federalism led to too much friction between the states. Smuts believed that a unitary state would allow South Africans to overcome the friction and racial strife they had thereinto experienced. But it was mainly the question of a national native policy that decided the issue, with the "unifiers" arguing that a strong central government would be necessary for dealing with this problem. South Africa thus became a unitary state with a single central Parliament that has " unlimited legislative authority". Given this parliamentary sovereignty, the constitution itself could be amended with a simple majority of both houses of Parliament, with the potential exception of two "entrenched" clauses governing the equality of languages and the qualified franchise in the Cape.


Franchise

Before unification, each of the four colonies that would become South Africa had their own franchise policy. The Cape had a franchise qualified by property and wages. By the time of the convention, there were 22,784 black and coloured voters in the Cape, out of a total electorate of 152,221. Natal had a similar policy, having had 200 black and coloured voters on the roll out of a total electorate of 22,686. In the Transvaal and Orange River, only white men could vote or stand for election. Four potential solutions to the franchise problem were tabled at the convention: * The Cape qualified franchise would be extended to all of South Africa. * A standardized "civilization test" would be adopted for all voters. * A single "colour-line" franchise, such as in the Transvaal and Orange River, would be adopted for all of South Africa. * The Cape qualified franchise would be left alone, but the future
Union Parliament The Union Parliament ( my, ပြည်ထောင်စုလွှတ်တော်) was the bicameral legislature of the Union of Burma from 1948 to 1962, when it was disbanded by the Union Revolutionary Council. It consisted of an upper h ...
would be allowed to decide the matter in the future. A standardized "civilization test" would have meant legal equality between whites, blacks and coloureds in South Africa, which was unacceptable to the conservative electorate in the Transvaal, Orange River and Natal. Furthermore, neither the Cape nor the two former Boer republics were willing to compromise on their respective franchise systems. This led to the fourth option being adopted, with the Cape qualified franchise receiving constitutional protection in section 35 of the South Africa Act until such a time as it is amended by a joint sitting of Parliament with a supporting vote of two-thirds of the members. This victory for the Cape delegation did however not extend to the ability of blacks and coloureds to sit in Parliament or provincial councils. While they could thus continue to vote in the Cape, blacks and coloureds could no longer be elected to legislative office.


Administrative divisions

As South Africa was to be a unitary rather than a federal state, the provinces would have no legislatures of their own, but instead a system of provincial councils wholly subordinate to the national Parliament. No conflict would thus be possible between the councils and Parliament, as the provinces had no exclusive powers - only those assigned to them by the sovereign legislature. In their desire to keep the provincial council non-partisan, the delegates sought to model it largely on that of Switzerland. In this regard, choosing the executive committee of the council was made to be through
proportional representation Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
, with the executive Administrator of each province being independently appointed. Education was one of the key areas of jurisdiction added to the provincial council system, primarily for the fears raised by Natal and the Orange River that their language rights would be undermined. Their own provincial councils could thus set provincial language standards in education. This desire for non-partisanship did not come to fruition, however, as every provincial election since the adoption of the South Africa Act would be fought along party political lines.


Adoption

After the draft constitution was formulated, it was tabled before the respective colonial legislatures for approval.
Stephen Leacock Stephen P. H. Butler Leacock (30 December 1869 – 28 March 1944) was a Canadian teacher, political scientist, writer, and humorist. Between the years 1915 and 1925, he was the best-known English-speaking humorist in the world. He is known ...
wrote that its acceptance in the Transvaal was a foregone conclusion, as the dominant political parties in the legislature had both agreed to the constitution beforehand. The Cape Parliament, on the other hand, did propose some amendments, including the scrapping of the proportional representation system as adopted at the convention, the scrapping of which the Orange River Colony agreed with. Leacock continues:
"In Natal, which as an ultra-British and ultra-loyal colony, was generally supposed to be in fear of union, many amendments were offered. The convention then met again at Bloemfontein, made certain changes in the draft of the constitution, and again submitted the document to the colonies. This time it was accepted. Only in Natal was it thought necessary to take a popular vote, and here, contrary to expectation, the people voted heavily in favor of union."
The Cape submitted 12 amendments, Natal 17 (in another attempt to secure a federal arrangement), and the Orange River three. 40 amendments were subsequently made by the convention between 3 and 11 May 1909 in Bloemfontein. The final approval by the colonial governments happened between May and June. The Natal referendum returned 11,121 votes in favor of the draft constitution and 3,701 against. The various colonial governments, after having approved the draft, agreed with the resolution taken at the convention that the constitution be referred to the British Parliament for adoption, in which would become the
South Africa Act The South Africa Act 1909 was an Act of the Parliament of the United Kingdom, which created the Union of South Africa from the British Cape Colony, Colony of Natal, Orange River Colony, and Transvaal Colony. The Act also made provisions for p ...
. Each colonial legislature appointed delegates to go to London, empowered to agree to changes "not inconsistent with the provisions and principles of the draft act". In London, 53 amendments were made to the bill, most of which were procedural and not substantive, and Parliament passed the constitution in essentially the same form it had been submitted by the National Convention. It received royal assent on 20 September 1909 and the Union of South Africa came into being on 31 May 1910, "exactly eight years to the day on which the
Peace of Vereeniging The Treaty of Vereeniging was a peace treaty, signed on 31 May 1902, that ended the Second Boer War between the South African Republic and the Orange Free State, on the one side, and the United Kingdom on the other. This settlement provided f ...
was signed".


Legacy

The decision of the National Convention to choose a unitary rather than a federal framework under a regime of
parliamentary sovereignty Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over ...
led to the central government, and moreover the central Parliament, not having a specified list of enumerated powers, instead being able to govern essentially as it pleased over the whole of the country. This led to
Afrikaners Afrikaners () are a South African ethnic group descended from predominantly Dutch settlers first arriving at the Cape of Good Hope in the 17th and 18th centuries.Entry: Cape Colony. ''Encyclopædia Britannica Volume 4 Part 2: Brain to Cas ...
fearing language inequality in the years after the constitution was adopted, despite the equality provisions in the South Africa Act. In turn, this would partly cause Hertzog to establish the National Party in 1912. It also led to the "flag controversy" of 1926 and 1927, and the imposition of racial
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
by the National Party from
1948 Events January * January 1 ** The General Agreement on Tariffs and Trade (GATT) is inaugurated. ** The Constitution of New Jersey (later subject to amendment) goes into effect. ** The railways of Britain are nationalized, to form British ...
onward. That the
South Africa Act The South Africa Act 1909 was an Act of the Parliament of the United Kingdom, which created the Union of South Africa from the British Cape Colony, Colony of Natal, Orange River Colony, and Transvaal Colony. The Act also made provisions for p ...
was enacted by the British Parliament also led to controversy in later years, with some arguing that the constitution was "foisted on South Africa by a foreign parliament". In 1951, the National Party introduced the Separate Representation of Voters Act, which intended to remove coloured voters from the voters' roll. Because Parliament was legally sovereign, and because the Statute of Westminster had already come into effect, government felt it was lawful to change the entrenched clauses without adhering to the requirements of the South Africa Act (i.e. both houses of Parliament must sit jointly and pass an amendment with a two-thirds majority). The Separate Representation of Voters Act thus passed without the requisite two-thirds majority required, and without both houses sitting together, to amend the Cape qualified franchise, plunging South Africa into a
constitutional crisis In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this ...
that would continue until 1955.{{Cite book, title=The South African Constitution, last=May, pages=18 The
Convention for a Democratic South Africa Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
(Codesa), which transpired between 1991 and 1993 and led to the end of the apartheid system, was the second constitutional convention that occurred in South Africa to draft a new constitution. It led to the adoption of the 1993 "interim" Constitution, and at the same time the end of the parliamentary sovereignty that had started in 1910 when the South Africa Act came into being.


References

1908 in South Africa 1909 in South Africa Constitutional conventions (political meeting) National unifications 20th century in South Africa Legal history of South Africa History of South Africa Politics of South Africa South Africa and the Commonwealth of Nations