Status of the Union Act, 1934
Encyclopedia
The Status of the Union Act, 1934 (Act No. 69 of 1934) was an act
of the Parliament of South Africa
that was the South African counterpart to the Statute of Westminster, 1931. It declared the Union of South Africa
to be a "sovereign independent state" and explicitly adopted the Statute of Westminster into South African law. It also removed any remaining power of the Imperial Parliament
to legislate for South Africa, and ended the King's
direct involvement in the granting of Royal Assent
.
The Statute of Westminster applied to South Africa without needing ratification from its Parliament (unlike the case in Australia and New Zealand), so the Status Act was not legally necessary to establish South Africa's sovereign independence. It was, however, seen as a symbolic action by the Pact government of Prime Minister JBM Hertzog, coming as it did shortly before the merger of his National Party
with Jan Smuts
's South African Party
to form the United Party
.
The Status of the Union Act was repealed by the Republic of South Africa Constitution Act, 1961, which ended South Africa's status as a Commonwealth realm
and transformed it into a republic
.
With respect to the executive, the Status Act prescribed that the King, when exercising his executive powers in regard to South Africa, was required to act on the advice of the South African Prime Minister and Cabinet only. This made explicit what had previously been a constitutional convention
.
The Status Act also altered the law governing the granting of the Royal Assent
. Originally, the Governor-General had three options when a bill was sent to him by Parliament: to assent to it, to withhold his assent (i.e. veto it), or to reserve it for the signification of the King's pleasure. Reservation meant sending it to the King for a decision, which might be taken on the advice of the British cabinet. The Status Act removed this power of reservation, requiring the Governor-General to either sign or veto each bill. It also removed the King's power to disallow (i.e. veto) an act within a year after the Governor-General had assented to it.
While it made the executive and legislative branches of the South African government completely independent of Britain, the Status Act did not affect the judicial branch. Appeals to the Privy Council
from the Appellate Division
remained possible until 1950.
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 was the South African counterpart to the Statute of Westminster, 1931. It declared 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...
to be a "sovereign independent state" and explicitly adopted the Statute of Westminster into South African law. It also removed any remaining power of the Imperial Parliament
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...
to legislate for South Africa, and ended the King's
King of South Africa
The King or Queen of South Africa was titular head of state of the Union of South Africa during the state's existence as a Dominion of the British Empire and later a Commonwealth Realm from 31 May 1910 to 31 May 1961, when the country became the Republic of South Africa...
direct involvement in the granting of Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
The Statute of Westminster applied to South Africa without needing ratification from its Parliament (unlike the case in Australia and New Zealand), so the Status Act was not legally necessary to establish South Africa's sovereign independence. It was, however, seen as a symbolic action by the Pact government of Prime Minister JBM Hertzog, coming as it did shortly before the merger of his National Party
National Party (South Africa)
The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
with Jan Smuts
Jan Smuts
Jan Christiaan Smuts, OM, CH, ED, KC, FRS, PC was a prominent South African and British Commonwealth statesman, military leader and philosopher. In addition to holding various cabinet posts, he served as Prime Minister of the Union of South Africa from 1919 until 1924 and from 1939 until 1948...
's South African Party
South African Party
The South African Party was a political party that existed in the Union of South Africa from 1911 to 1934.-History:The outline and foundation for the party was realized after the election of a 'South African party' in the 1910 South African general election under the leadership of Louis Botha...
to form the United Party
United Party (South Africa)
The United Party was South Africa's ruling political party between 1934 and 1948. It was formed by a merger of most of Prime Minister Barry Hertzog's National Party with the rival South African Party of Jan Smuts, plus the remnants of the Unionist Party...
.
The Status of the Union Act was repealed by the Republic of South Africa Constitution Act, 1961, which ended South Africa's status as a Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
and transformed it into 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...
.
Provisions
The Status Act incorporated the Statute of Westminster into South African law as if it were an act of the South African Parliament. Sections 7 to 10 of the Statute were omitted because they dealt with matters specific to other realms. The act further declared that "the Parliament of the Union shall be the sovereign legislative power in and over the Union," and that no act of the British Parliament would extend to South Africa unless extended by an act of the South African Parliament. This went further than the Statute of Westminster, which allowed the British Parliament to legislate for the Commonwealth realms at their request and with their consent.With respect to the executive, the Status Act prescribed that the King, when exercising his executive powers in regard to South Africa, was required to act on the advice of the South African Prime Minister and Cabinet only. This made explicit what had previously been a constitutional convention
Constitutional convention
Constitutional convention may refer to:* Constitutional convention , an informal and unmodified procedural agreement.* Constitutional convention , a meeting of delegates to adopt a new constitution or revise an existing constitution.- Constitutional conventions by country :* Constitutional...
.
The Status Act also altered the law governing the granting of the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
. Originally, the Governor-General had three options when a bill was sent to him by Parliament: to assent to it, to withhold his assent (i.e. veto it), or to reserve it for the signification of the King's pleasure. Reservation meant sending it to the King for a decision, which might be taken on the advice of the British cabinet. The Status Act removed this power of reservation, requiring the Governor-General to either sign or veto each bill. It also removed the King's power to disallow (i.e. veto) an act within a year after the Governor-General had assented to it.
While it made the executive and legislative branches of the South African government completely independent of Britain, the Status Act did not affect the judicial branch. Appeals to the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
from the Appellate Division
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...
remained possible until 1950.
External links
- Status of the Union Act, 1934 at WikisourceWikisourceWikisource is an online digital library of free content textual sources on a wiki, operated by the Wikimedia Foundation. Its aims are to host all forms of free text, in many languages, and translations. Originally conceived as an archive to store useful or important historical texts, it has...