Prince Edward Islands Act, 1948
Encyclopedia
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
to the Union of South Africa
(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
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
and the electoral ward containing the Port of Cape Town
; this is ward 55 of the City of Cape Town
. The common law
applicable to the islands is defined to be the Roman-Dutch law as applied in the Cape Province
. The act also extends certain other acts of Parliament to the island, and gives the Governor-General (i.e. the President
) 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Certain provisions of the act, though not repealed, may have been superseded by the Antarctic Treaties Act, 1996 and the Antarctic Treaty System
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
that annexed the Prince Edward Islands
Prince Edward Islands
The Prince Edward Islands are two small islands in the sub-antarctic Indian Ocean that are part of South Africa. The islands, named Marion Island and Prince Edward Island, are located at ....
to the Union of South Africa
Union of South Africa
The Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...
(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
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
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
Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...
and the electoral ward containing the Port of Cape Town
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 amount of fresh fruit and second only to Durban as a...
; this is ward 55 of the City of Cape Town
City of Cape Town
The City of Cape Town is the metropolitan municipality which governs the city of Cape Town, South Africa and its suburbs and exurbs. As of 2007, it had a population of 3,497,097....
. The common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
applicable to the islands is defined to be the Roman-Dutch law as applied in the Cape Province
Cape Province
The Province of the Cape of Good Hope was a province in the Union of South Africa and subsequently the Republic of South Africa...
. The act also extends certain other acts of Parliament to the island, and gives the Governor-General (i.e. the President
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
) 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 and the Antarctic Treaty System
Antarctic Treaty System
The Antarctic Treaty and related agreements, collectively called the Antarctic Treaty System or ATS, regulate international relations with respect to Antarctica, Earth's only continent without a native human population. For the purposes of the treaty system, Antarctica is defined as all of the land...
.
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
- 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