Prince Edward Islands Act, 1948
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The Prince Edward Islands Act, 1948 (Act No. 43 of 1948) is an act of the Parliament of South Africa that annexed the
Prince Edward Islands The Prince Edward Islands are two small uninhabited islands in the sub-Antarctic Indian Ocean that are part of South Africa. The islands are named Marion Island (named after Marc-Joseph Marion du Fresne, 1724–1772) and Prince Edward Island ...
to 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, Tran ...
(as it then was). The South African flag was hoisted on Marion Island and Prince Edward Island on 29 December 1947 and 4 January 1948 respectively, and a
proclamation A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
of annexation was promulgated on 24 January 1948. The annexation was confirmed by Parliament by the Prince Edward Islands Act, which was signed by the Governor-General on 1 October 1948 and came into force upon publication on 7 October. In terms of the act, the islands are deemed to fall within the magisterial district of
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 ...
and the electoral ward containing the
Port of Cape Town The Port of Cape Town is the port of the city of Cape Town, South Africa. It is situated in Table Bay. Because of its position along one of the world's busiest trade routes it is one of the busiest ports in South Africa, handling the largest amo ...
; this is ward 55 of the
City of Cape Town The City of Cape Town ( af, Stad Kaapstad; xh, IsiXeko saseKapa) is the metropolitan municipality which governs the city of Cape Town, South Africa and its suburbs and exurbs. As of the 2011 census, it had a population of 3,740,026. The remot ...
. The
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
applicable to the islands is defined to be the Roman-Dutch law as applied in the
Cape Province The Province of the Cape of Good Hope ( af, Provinsie Kaap die Goeie Hoop), commonly referred to as the Cape Province ( af, Kaapprovinsie) and colloquially as The Cape ( af, Die Kaap), was a province in the Union of South Africa and subsequen ...
. The act also extends certain other acts of Parliament to the island, and gives the Governor-General (i.e. the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
) the power to extend other laws to the islands. It states that no other act will apply to the islands unless it is made to apply by such a proclamation or by the text of the act itself. Certain provisions of the act, though not repealed, may have been superseded by the
Antarctic Treaties Act, 1996 The Antarctic Treaties Act, 1996 (Act No. 60 of 1996) is a South African statute that incorporates the Antarctic Treaty System into national law. It provides that the Antarctic Treaty, the Protocol on Environmental Protection (PEP), the Conventio ...
and the Antarctic Treaty System.


List of acts made applicable to the islands

Except where otherwise indicated, each act listed below was made applicable to the Prince Edward Islands expressly by its own text. * Administration of Estates Act, 1913 (by the PEI Act) * Justices of the Peace and Oaths Act, 1914 (by the PEI Act) * Criminal Procedure and Evidence Act, 1917 (by the PEI Act) * Special Justices of the Peace Act, 1918 (by the PEI Act) * Inquests Act, 1919 (by the PEI Act) * Magistrates' Courts Act, 1944 (by the PEI Act) * Electoral Consolidation Act, 1946 (by the PEI Act) * South African Citizenship Act, 1949 * Merchant Shipping Act, 1951 * Public Holidays Act, 1952 * Territorial Waters Act, 1963 (by proclamation) * Public Holidays Amendment Act, 1973 * Sea Birds and Seals Protection Act, 1973 * Sea Fisheries Act, 1973 (by proclamation) * Territorial Waters Amendment Act, 1977 (by proclamation) * Fishing Industry Development Act, 1978 (by proclamation) * Dumping at Sea Control Act, 1980 * Marine Traffic Act, 1981 (by the Shipping General Amendment Act, 1997) * Marine Pollution (Control and Civil Liability) Act, 1981 (by the Shipping General Amendment Act, 1997) * Carriage of Goods by Sea Act, 1986 (by the Shipping General Amendment Act, 1997) * Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (by the International Convention for the Prevention of Pollution from Ships Amendment Act, 1996) * Marine Pollution (Intervention) Act, 1987 (by the Shipping General Amendment Act, 1997) * Sea Fishery Act, 1988 * Environment Conservation Act, 1989 * Maritime Zones Act, 1994 * South African Citizenship Act, 1995 *
Antarctic Treaties Act, 1996 The Antarctic Treaties Act, 1996 (Act No. 60 of 1996) is a South African statute that incorporates the Antarctic Treaty System into national law. It provides that the Antarctic Treaty, the Protocol on Environmental Protection (PEP), the Conventio ...
* Wreck and Salvage Act, 1996 * South African Maritime Safety Authority Act, 1998 * Marine Living Resources Act, 1998 * Ship Registration Act, 1998 * Sea Transport Documents Act, 2000 * National Environmental Management: Protected Areas Act, 2003 * National Environmental Management: Biodiversity Act, 2004 * National Environmental Management: Integrated Coastal Management Act, 2007 * Merchant Shipping (Safe Containers Convention) Act, 2011 * Merchant Shipping (International Oil Pollution Compensation Fund) Act, 2013 * Merchant Shipping (Civil Liability Convention) Act, 2013 * Marine Spatial Planning Act, 2018


External links

* {{Wikisource inline, Prince Edward Islands Act, 1948 South African legislation 1948 in South African law Prince Edward Islands