South Africa Act 1909
Encyclopedia
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 Colony. The Act also made provisions for admitting Rhodesia
as a fifth province of the Union in the future, but Rhodesian colonists rejected this option in a referendum held in 1922. The South Africa Act was the third major piece of legislation passed by the Parliament of the United Kingdom
with the intent of uniting various British colonies and granting them some degree of autonomy. Earlier, the British North America Act, 1867
had united three colonies (Canada – which became Ontario and Quebec – Nova Scotia, and New Brunswick) and the Constitution of Australia Act, 1900
had united the Australian colonies.
and the Orange Free State
, two hitherto independent Boer
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
proclaimed that the Union of South Africa would be established on 31 May 1910. This Act, which essentially brought into being the South Africa
n 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 independence 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). 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).
was similar to the government of other British Dominion
s. A Governor-General of South Africa 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 Prime Minister. Legislative power was vested in a Parliament
consisting of the Monarch, a Senate
and a House of Assembly
. The House of Assembly had more power than the Senate, much like the relationship between the House of Commons and House of Lords
. 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
, but the Australian Senate is half the size of the Australian House of Representatives whereas the South African Senate was only one-third the size of the South African House of Assembly, the Australian Senate being a far more powerful body.
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
and there was no provision for judicial review
.
Each province was governed by an Administrator, appointed by the central government, and had a legislature in the form of a 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
. Each of the four provinces
became subordinate entities and had far fewer powers than the Canadian provinces or Australian states. As such, the government of South Africa was quite similar--from a constitutional standpoint--to the government of the United Kingdom
.
and Dutch
as the official language
s of South Africa, with equal status under the law, and required all government documents and Parliamentary proceedings to be published in both languages. In modern times, English remains one of the official languages of the Republic of South Africa
. The Dutch was extended to include Afrikaans by the Official Languages of the Union Act, 1925
, and replaced by Afrikaans in the Constitution of 1961
.
The Act protected pre-existing voting rights for black Africans in the Cape (which were limited to wealthier, educated blacks and coloured
s), but permitted the Parliament of South Africa to prescribe all other voting qualifications. However, Parliament had the power to change the Cape's voting requirements by a two-thirds vote. The Act did little to protect black Africans and apartheid legislation
was ultimately passed by Parliament during the time period the South Africa Act was the constitution of South Africa, establishing fifty years of apartheid and racial discrimination.
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 British Parliament which created 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...
from the British Colonies of the Cape of Good Hope
Cape Colony
The Cape Colony, part of modern South Africa, was established by the Dutch East India Company in 1652, with the founding of Cape Town. It was subsequently occupied by the British in 1795 when the Netherlands were occupied by revolutionary France, so that the French revolutionaries could not take...
, Natal
Colony of Natal
The Colony of Natal was a British colony in south-eastern Africa. It was proclaimed a British colony on May 4, 1843 after the British government had annexed the Boer Republic of Natalia, and on 31 May 1910 combined with three other colonies to form the Union of South Africa, as one of its...
, Orange River Colony
Orange River Colony
The Orange River Colony was the British colony created after this nation first occupied and then annexed the independent Orange Free State in the Second Boer War...
, and the Transvaal Colony. The Act also made provisions for admitting Rhodesia
Southern Rhodesia
Southern Rhodesia was the name of the British colony situated north of the Limpopo River and the Union of South Africa. From its independence in 1965 until its extinction in 1980, it was known as Rhodesia...
as a fifth province of the Union in the future, but Rhodesian colonists rejected this option in a referendum held in 1922. The South Africa Act was the third major piece of legislation passed by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
with the intent of uniting various British colonies and granting them some degree of autonomy. Earlier, the British North America Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
had united three colonies (Canada – which became Ontario and Quebec – Nova Scotia, and New Brunswick) and the Constitution of Australia Act, 1900
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
had united the Australian colonies.
Historical background
In the aftermath of the Anglo-Boer War (1899–1902), Britain re-annexed the South African RepublicSouth African Republic
The South African Republic , often informally known as the Transvaal Republic, was an independent Boer-ruled country in Southern Africa during the second half of the 19th century. Not to be confused with the present-day Republic of South Africa, it occupied the area later known as the South African...
and the Orange Free State
Orange Free State
The Orange Free State was an independent Boer republic in southern Africa during the second half of the 19th century, and later a British colony and a province of the Union of South Africa. It is the historical precursor to the present-day Free State province...
, two hitherto independent Boer
Boer
Boer is the Dutch and Afrikaans word for farmer, which came to denote the descendants of the Dutch-speaking settlers of the eastern Cape frontier in Southern Africa during the 18th century, as well as those who left the Cape Colony during the 19th century to settle in the Orange Free State,...
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 of the United Kingdom
Edward VII was King of the United Kingdom and the British Dominions and Emperor of India from 22 January 1901 until his death in 1910...
proclaimed that the Union of South Africa would be established on 31 May 1910. This Act, which essentially brought into being the South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n state as it is known today, served as the South African constitution for over fifty years, during which time the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
greatly increased South Africa's independence from Britain. Although South Africa became a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
in 1961 and left the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
, the basic structure of the 1909 Act continued to live on in its replacement, the Republic of South Africa Constitution Act (32 of 1961). 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).
Government structure
The structure of the government of the Union of South AfricaUnion 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...
was similar to the government of other British Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s. A Governor-General of South Africa 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 Prime Minister. Legislative power was vested in a Parliament
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....
consisting of the Monarch, a Senate
Senate of South Africa
The Senate was the upper house of the Parliament of South Africa between 1910 and its abolition from 1 January 1981, and between 1994 and 1997.-1910-1981:...
and a House of Assembly
House of Assembly of South Africa
The House of Assembly was the lower house of the Parliament of South Africa from 1910 to 1984, and latterly the white representative house of the Tricameral Parliament from 1984 to 1994, when it was replaced by the current National Assembly...
. The House of Assembly had more power than the Senate, much like the relationship between the House of Commons and House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. 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
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
, but the Australian Senate is half the size of the Australian House of Representatives whereas the South African Senate was only one-third the size of the South African House of Assembly, the Australian Senate being a far more powerful body.
The Act also established a Supreme Court of South Africa
Supreme Court of South Africa
The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court in the country...
, 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
Bloemfontein is the capital city of the Free State Province of South Africa; and, as the judicial capital of the nation, one of South Africa's three national capitals – the other two being Cape Town, the legislative capital, and Pretoria, the administrative capital.Bloemfontein is popularly and...
and there was no provision for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
.
Each province was governed by an Administrator, appointed by the central government, and had a legislature in the form of a 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
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. Unlike Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, which became dominions through the federation
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
of British colonies, the South Africa Act created a centralized, unitary state
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
. Each of the four provinces
Provinces of South Africa
South Africa is currently divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the constitution...
became subordinate entities and had far fewer powers than the Canadian provinces or Australian states. As such, the government of South Africa was quite similar--from a constitutional standpoint--to the government of the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
.
Other provisions
The Act established EnglishEnglish language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and Dutch
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
as the official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
s of South Africa, with equal status under the law, and required all government documents and Parliamentary proceedings to be published in both languages. In modern times, English remains one of the official languages of the Republic of South Africa
Languages of South Africa
South Africa has eleven official languages: Afrikaans, English, Ndebele, Northern Sotho, Sotho, Swazi, Tswana, Tsonga, Venda, Xhosa and Zulu. Fewer than one percent of South Africans speak a first language other than an official one. Most South Africans can speak more than one language. Dutch and...
. The Dutch was extended to include Afrikaans by the Official Languages of the Union Act, 1925
Official Languages of the Union Act, 1925
The Official Languages of the Union Act, 1925 was an act of the Parliament of South Africa that had the effect of making Afrikaans an official language of the Union of South Africa...
, and replaced by Afrikaans in the Constitution of 1961
South African Constitution of 1961
The Constitution of 1961 was the fundamental law of South Africa for two decades. Under the terms of the constitution South Africa left the Commonwealth and became a republic...
.
The Act protected pre-existing voting rights for black Africans in the Cape (which were limited to wealthier, educated blacks and coloured
Coloured
In the South African, Namibian, Zambian, Botswana and Zimbabwean context, the term Coloured refers to an heterogenous ethnic group who possess ancestry from Europe, various Khoisan and Bantu tribes of Southern Africa, West Africa, Indonesia, Madagascar, Malaya, India, Mozambique,...
s), but permitted the Parliament of South Africa to prescribe all other voting qualifications. However, Parliament had the power to change the Cape's voting requirements by a two-thirds vote. The Act did little to protect black Africans and apartheid legislation
Apartheid legislation in South Africa
The Apartheid Legislation in South Africa was a series of different laws and acts which were to help the apartheid-government to enforce the segregation of different races and cement the power and the dominance by the Whites, of substantially European descent, over the other race groups.Starting in...
was ultimately passed by Parliament during the time period the South Africa Act was the constitution of South Africa, establishing fifty years of apartheid and racial discrimination.