South Africa Act 1909
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The South Africa Act 1909 was an Act of the
Parliament of the United Kingdom 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 suprema ...
, which created 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, Trans ...
from the British
Cape Colony The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British Empire, 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 i ...
,
Colony of Natal 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 ...
,
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 Unio ...
, and
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 ...
. The Act also made provisions for potentially admitting
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 S ...
as a fifth province of the Union, but Rhodesian colonists rejected this option in a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
held in 1922. The Act was the third major piece of legislation passed by the British Parliament with the intent of uniting various British colonies and granting them some degree of autonomy. Earlier, the
British North America Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
had united three colonies (the
Province of Canada The Province of Canada (or the United Province of Canada or the United Canadas) was a British North America, British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham ...
(which was split into
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and
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
)
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, and
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) and the Commonwealth of Australia Constitution Act, 1900 had united the Australian colonies.


Background

In the aftermath of the
Anglo-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 South ...
(1899–1902), Britain re-annexed the
South African Republic The South African Republic ( nl, Zuid-Afrikaansche Republiek, abbreviated ZAR; af, Suid-Afrikaanse Republiek), also known as the Transvaal Republic, was an independent Boer Republic in Southern Africa which existed from 1852 to 1902, when it ...
and 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 ...
, two hitherto independent
Boer Boers ( ; af, Boere ()) are the descendants of the Dutch-speaking Free Burghers of the eastern Cape Colony, Cape frontier in Southern Africa during the 17th, 18th, and 19th centuries. From 1652 to 1795, the Dutch East India Company controll ...
republics. These new territories, renamed the Transvaal Colony and the Orange River Colony respectively, were added to Britain's existing South African territories, the Cape Colony and Colony of Natal. It was British government policy to encourage these four colonies to come together in closer union; after the grant of responsible government to the Transvaal Colony and Orange River Colony in 1907, this aspiration was one that was also increasingly held by the Afrikaner population. These political forces resulted in the 1908 National Convention, which met on 12 October 1908 and completed its work on 11 May 1909. This convention settled on the terms and constitution of a governmental, legislative, and economic Union. These proposals were transmitted to the British government, which duly prepared a bill to give effect to these wishes. The bill was passed by Parliament on 20 September 1909 and on 20 September 1909 King
Edward VII of the United Kingdom Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom of Great Britain and Ireland and Emperor of India, from 22 January 1901 until his death in 1910. The second child and eldest son of Queen Victoria an ...
proclaimed that the Union of South Africa would be established on 31 May 1910. This Act, which essentially brought into being the South African state as it is known today, served as the South African constitution for over fifty years, during which time the Statute of Westminster greatly increased South Africa's sovereignty from Britain. Although South Africa became a republic in 1961 and left the Commonwealth, the basic structure of the 1909 Act continued to live on in its replacement, the
Republic of South Africa Constitution Act (32 of 1961) The Constitution of 1961 (formally the Republic of South Africa Constitution Act, 1961) was the constitution, fundamental law of South Africa for two decades. Under the terms of the constitution South Africa left the Commonwealth of Nations, Co ...
. However, the last vestiges of the 1909 Act finally disappeared in 1983 when the apartheid-era government enacted a new constitution, the
Constitution of the Republic of South Africa Act (110 of 1983) The Constitution of 1983 (formally the Republic of South Africa Constitution Act, 1983) was South Africa's third constitution. It replaced the republican constitution that had been adopted when South Africa became a republic in 1961 and was in f ...
.


The Act


Government structure

The structure of the government 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, Trans ...
was similar to the government of other British
Dominion The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 192 ...
s. A
Governor-General of South Africa The governor-general of the Union of South Africa ( af, Goewerneur-generaal van Unie van Suid-Afrika, nl, Goeverneur-generaal van de Unie van Zuid-Afrika) was the highest state official in the Union of South Africa between 31 May 1910 and 31 ...
was appointed to represent the British Monarch, who was also the Monarch of South Africa. Executive power was vested in the Monarch/Governor-General and was exercised on the advice of the Executive Council. Though not explicitly provided for by the South Africa Act, the office of
Prime Minister of South Africa The prime minister of South Africa ( af, Eerste Minister van Suid-Afrika) was the head of government in South Africa between 1910 and 1984. History of the office The position of Prime Minister was established in 1910, when the Union of Sout ...
was quickly established as the
head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
and, like other government ministers, the Prime Minister was required to be a Member of either House of Parliament. As in other British Dominions, the Governor-General appointed the leader of the largest political party in the lower house of Parliament as Prime Minister. Prime Ministers were also sworn in as Executive Councilors if they were not already members of the Executive Council. Legislative power was vested in a
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
consisting of the Monarch, a
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, and a
House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies as the colony gained more internal responsible gove ...
. For most of the Union's existence, the South Africa Act provided for each Province to have equal representation in the upper house, the Senate, and Senators were chosen by an electoral college made up of the Province's members in the House of Assembly and the members of the provincial legislature. The composition and election of the Senate would later be modified as part of the move towards
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 ...
and the establishment of the Republic of South Africa. In the lower house of Parliament, the House of Assembly, each Province was represented proportionally according to their respective populations and members were elected from individual districts within a Province. The House of Assembly had more power than the Senate, much like the relationship between 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. ...
and
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
. In the case of a disagreement between the Senate and House of Assembly, the Governor-General could convene a joint sitting of the two houses to review the legislation, make amendments, and vote on the bill. Because the House of Assembly was much larger than the Senate, the system was designed to protect the stronger position of the House in any joint sitting. A similar method of resolving disagreements exists in the
Australian Parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...
and the
Indian Parliament The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the ...
, but the
Australian Senate The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the House of Representatives (Australia), House of Representatives. The composition and powers of the Senate are established in Chapter ...
and the
Rajya Sabha The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using si ...
are each half the size of the
Australian House of Representatives The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia. The term of members o ...
and the
Lok Sabha The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past ...
, respectively, whereas the South African Senate was only one-third the size of the South African House of Assembly. Unlike the Australian model (but like the Indian one), no double dissolution election occurred before a joint sitting, further strengthening the position of the House of Assembly and the Prime Minister over the Senate. The Act also established a Supreme Court of South Africa, which served as a unified court system for the Union and consisted of local, provincial, and appellate divisions. The old supreme courts of the provinces became the provincial divisions of the new Supreme Court of South Africa. The appellate division, which was the highest court in the land, was seated at
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 ...
. There was a further appeal to the Privy Council, particularly in Admiralty cases. The power
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
of Parliamentary legislation and administrative acts was the same as in the United Kingdom. In addition, the Supreme Court could review Parliamentary amendments of the entrenched clauses of the South Africa Act of 1909. Each province was governed by an Administrator, appointed by the central government, and had a legislature in the form of a
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...
Provincial Council; four members of the Council joined with the Administrator to form a five-member executive committee that acted as the Province's Cabinet. Unlike Canada and Australia, which became dominions through the Federation of British colonies, the South Africa Act created a centralized,
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 ...
. Each of the four provinces became subordinate entities and had far fewer powers than the Canadian provinces or
Australian states The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
. As such, the government of South Africa was quite similar—from a constitutional standpoint—to the government of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
.


The Cape Qualified Franchise

The
Cape Colony The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British Empire, 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 i ...
had long adhered to a system of non-racial franchise, whereby qualifications for suffrage were applied equally to all males, regardless of race. During the union negotiations, the last Cape Prime Minister, John X. Merriman, and Sir Walter Stanford, representing the Transkei and other African communities, fought unsuccessfully to have this multi-racial franchise system extended to the rest of South Africa. Their attempt failed in the face of opposition from the white governments of the other constituent states, which were determined to entrench white rule. The South Africa Act permitted 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 ...
to keep a restricted version of its traditional franchise, whereby qualifications limited the suffrage of all citizens according to education and wealth. This meant that the Cape, and to a far lesser degree
Natal NATAL or Natal may refer to: Places * Natal, Rio Grande do Norte, a city in Brazil * Natal, South Africa (disambiguation), a region in South Africa ** Natalia Republic, a former country (1839–1843) ** Colony of Natal, a former British colony ( ...
, having
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 ...
s (mixed-race people) and Black Africans in the voting rolls. The act also permitted the Parliament of South Africa to prescribe all other voting qualifications. However, according to the Act, Parliament was given the power to change the Cape's voting requirements by a two-thirds vote. Over the following years,
legislation Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
was passed by Parliament to slowly erode this colour-blind voters roll. In 1931, the remaining franchise qualifications, except for the age limit of 21, were removed for white voters, but kept in place for 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 ...
" voters (including the demand that voters be male). In 1956, the Apartheid government removed all remaining suffrage rights for "non-whites" in what became known as the
Coloured vote constitutional crisis The Coloured vote constitutional crisis, also known as the Coloured vote case, was a constitutional crisis that occurred in the Union of South Africa during the 1950s as the result of an attempt by the Nationalist government to remove coloured v ...
. Overall the Act did little to protect black Africans during the time period in which the South Africa Act was the constitution of South Africa, and ultimately enabled the establishing of fifty years of
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 ...
and
racial discrimination Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
.


Other provisions

The Act established English and
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 ...
as the
official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
s of South Africa, with equal status under the law, and required all government documents and Parliamentary proceedings to be published in both languages.See section 137 of South Africa Act, 1909. In modern times, English remains one of the official languages of the Republic of South Africa. Dutch was extended to include
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 gra ...
by the
Official Languages of the Union Act, 1925 The Official Languages of the Union Act, 1925 ( nl, Wet op de Officiële Talen van de Unie, 1925 ), was an Act of the Parliament of South Africa that included Afrikaans as a variety of the Dutch language. The Act commenced on 27 May 192 ...
, and replaced by Afrikaans in the Constitution of 1961.


References


Bibliography

* Brand, Hon. RH – ''The Union of South Africa'', (1910), Clarendon Press * C.J. Muller (ed.), 500 Years History of South Africa, H&R Academica 1969. * Verloren Van Themaat, Staatsreg, Butteworths, Durban, 1967. * H.R. Hahlo & Ellison Kahn, The Union of South Africa, The development of its laws and constitution Stevens & Sons Limited, London, 1960.


External links

{{Political history of South Africa United Kingdom Acts of Parliament 1909 20th century in South Africa Legal history of South Africa Historical constitutions of South Africa South Africa and the Commonwealth of Nations Repealed South African legislation 1909 in South African law 1909 in the Colony of Natal 1909 in the Cape Colony National unifications September 1909 events