Transvaal Provincial Council
Encyclopedia
The Transvaal Provincial Council was the Transvaal
's legislature. It was created by the South Africa Act 1909
, from the formation of the Union of South Africa on 31 May 1910. The first election to the provincial council took place on 15 September 1910 (also the day of the South African general election, 1910
).
The Provincial Council continued to exist until 1986, when its functions were transferred to a strengthened executive authority appointed by the State President. The province itself was disbanded in 1994, when the provinces were reconstructed.
elections.
Originally the term of the Provincial Council was five years, from the first meeting of the Council after it was elected. The Administrator of the province fixed the date for the meeting, but the Provincial Council had to meet at least once a year. The South African Parliament could alter the term by legislation (as it did when the provincial elections due in 1941 were postponed until 1943), but there was no general power to dissolve a Provincial Council before its statutory term expired.
Under the Constitution and Elections Amendment Act 1973, the State President was given the power to dissolve the Provincial Councils at the same time as the House of Assembly, so that the subsequent provincial election could took place on the same day as a Parliamentary general election.
The administrator of the province was described, in section 68 (1) of the South Africa Act 1909, as “a chief executive officer … in whose name all executive acts relating to provincial affairs therein shall be done”.
The administrator was appointed, by the national government, for a five year term and could not be removed except by the Governor General for “cause assigned”. The administrator was not responsible to the provincial council and it had no power to remove him from office. The administrator was the chairman of the provincial executive committee and had both an original and casting vote in its deliberations.
The provincial council elected four persons (usually members of the provincial council), who together with the administrator formed the provincial executive committee. The four members were elected by single transferable vote
, so were not necessarily all from the same party.
It was provided, by Section 80 of the South Africa Act 1909, that “the executive committee shall on behalf of the provincial council carry on the administration of provincial affairs’’.
A deadlock resulted, when the Labour Party objected to certain taxation proposals of the executive committee. The Provincial Council refused to vote supply. The Union Parliament had to legislate to provide funds, to avoid the collapse of the provincial public service.
In 1917 there was a position in which four different parties had one seat each on the executive committee. A partial deadlock resulted.
In 1924, the National Party-Labour pact government came to power at the Union level. However, as the office of administrator was not considered a party political one, the South African Party appointed provincial administrators continued in office.
In the Transvaal, the administrator was Jan Hofmeyr (later in his career a leading politician on the liberal wing of the United Party). As the Nationalist and Labour members had a majority on the provincial council, they demanded a change of administrator. The provincial council passed a motion of no confidence in the administrator on 11 March 1925. However the Prime Minister supported Hofmeyr continuing in office, which he did until the end of his term.
Key to parties:-
Transvaal Province
Transvaal Province was a province of the Union of South Africa from 1910 to 1961, and of its successor, the Republic of South Africa, from 1961 until the end of apartheid in 1994 when a new constitution subdivided it.-History:...
's legislature. It was created by the South Africa Act 1909
South Africa Act 1909
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...
, from the formation of the Union of South Africa on 31 May 1910. The first election to the provincial council took place on 15 September 1910 (also the day of the South African general election, 1910
South African general election, 1910
The 1910 South African general election was held for the 121 seats in the House of Assembly of the Union of South Africa, on 15 September 1910. This was the first general election, after the Union came into force on 31 May 1910....
).
The Provincial Council continued to exist until 1986, when its functions were transferred to a strengthened executive authority appointed by the State President. The province itself was disbanded in 1994, when the provinces were reconstructed.
Election system and terms
The Provincial Council was composed of members elected, by the first past the post electoral system, from the same single member electoral divisions as were used for the House of AssemblyHouse 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...
elections.
Originally the term of the Provincial Council was five years, from the first meeting of the Council after it was elected. The Administrator of the province fixed the date for the meeting, but the Provincial Council had to meet at least once a year. The South African Parliament could alter the term by legislation (as it did when the provincial elections due in 1941 were postponed until 1943), but there was no general power to dissolve a Provincial Council before its statutory term expired.
Under the Constitution and Elections Amendment Act 1973, the State President was given the power to dissolve the Provincial Councils at the same time as the House of Assembly, so that the subsequent provincial election could took place on the same day as a Parliamentary general election.
Executive committee
Executive powers were shared by the administrator and an executive committee. This arrangement was neither the traditional 'Westminster' model (such as that which existed at the Union level of government) or a United States style separation of powers between the executive and legislative parts of the government.The administrator of the province was described, in section 68 (1) of the South Africa Act 1909, as “a chief executive officer … in whose name all executive acts relating to provincial affairs therein shall be done”.
The administrator was appointed, by the national government, for a five year term and could not be removed except by the Governor General for “cause assigned”. The administrator was not responsible to the provincial council and it had no power to remove him from office. The administrator was the chairman of the provincial executive committee and had both an original and casting vote in its deliberations.
The provincial council elected four persons (usually members of the provincial council), who together with the administrator formed the provincial executive committee. The four members were elected by single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
, so were not necessarily all from the same party.
It was provided, by Section 80 of the South Africa Act 1909, that “the executive committee shall on behalf of the provincial council carry on the administration of provincial affairs’’.
Controversies
In 1914, the South African Labour Party had a small majority in the Transvaal Provincial Council. It refused to take up the two seats on the executive committee, which the party could have filled, because it considered that an administrator appointed by a South African Party government would join forces with the provincial minority parties to out-vote Labour on the committee.A deadlock resulted, when the Labour Party objected to certain taxation proposals of the executive committee. The Provincial Council refused to vote supply. The Union Parliament had to legislate to provide funds, to avoid the collapse of the provincial public service.
In 1917 there was a position in which four different parties had one seat each on the executive committee. A partial deadlock resulted.
In 1924, the National Party-Labour pact government came to power at the Union level. However, as the office of administrator was not considered a party political one, the South African Party appointed provincial administrators continued in office.
In the Transvaal, the administrator was Jan Hofmeyr (later in his career a leading politician on the liberal wing of the United Party). As the Nationalist and Labour members had a majority on the provincial council, they demanded a change of administrator. The provincial council passed a motion of no confidence in the administrator on 11 March 1925. However the Prime Minister supported Hofmeyr continuing in office, which he did until the end of his term.
Election results, by party 1936-1981
| Election | NP | UP | Lab | PFP | Dom | Ind | vac | Total |
|---|---|---|---|---|---|---|---|---|
| 1936 | 2 | 48 | 6 | - | 1 | - | - | 57 |
| 1943 | 9 | 43 | 12 | - | - | - | - | 64 |
| 1949 | 34 | 27 | 2 | - | - | 2 | 1 | 66 |
| 1954 | 45 | 23 | - | - | - | - | - | 68 |
| 1959 | 48 | 20 | - | - | - | - | - | 68 |
| 1965 | 51 | 17 | - | - | - | - | - | 68 |
| 1970 | 54 | 19 | - | - | - | - | - | 73 |
| 1974 | 61 | 13 | - | 2 | - | - | - | 76 |
| 1977 | 65 | 1 | - | 10 | - | - | - | 76 |
| 1981 | 67 | - | - | 9 | - | - | - | 76 |
Key to parties:-
- NP: Purified National PartyPurified National PartyThe Purified National Party was a break away from Hertzog's National Party which lasted from 1935 to 1948.In 1935, the United Party was formed out of the merger between Hertzog's National Party and the rival South African Party of Jan Smuts...
(1936), Reunited National Party (1943–1949), National PartyNational 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...
(1954–1981) - UP: United PartyUnited 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...
(1936–1974), New Republic PartyNew Republic PartyThe New Republic Party was a South African political party. It was formed as the successor to the disbanded United Party in 1977. After the UP wound up, initially the last UP leader, Sir de Villiers Graaff served as the interim national leader of the new party, with Radclyffe Cadman as...
(1977) - Lab: South African Labour Party
- PFP: Progressive PartyProgressive Party (South Africa)The Progressive Party was a liberal party in South Africa that opposed the ruling National Party's policies of apartheid, and championed the Rule of Law. For years its only member of parliament was Helen Suzman...
(1974), Progressive Federal PartyProgressive Federal PartyThe Progressive Federal Party was a South African political party formed in 1977. It advocated power-sharing in South Africa through a federal constitution, in place of apartheid...
(1977–1981) - Dom Dominion Party
- Ind Independent
- vac Vacant seat
Well-known members
- Hendrik PrinslooHendrik PrinslooAs a twelve year old boy Hendrik Frederik Prinsloo was interned by the British in a concentration camp during the Anglo-Boer War but served alongside the British in the South African forces during the two World Wars...
(1940–1956) - Clive Derby-LewisClive Derby-LewisClive John Derby-Lewis is a South African ex-politician, who was involved first in the National Party and then, while serving as a Member of Parliament, in the Conservative Party. He is serving a life sentence for his role in the assassination of South African Communist Party leader Chris Hani...
(1972–1981) - Harry SchwarzHarry SchwarzHarry Heinz Schwarz was a South African lawyer, statesman and long-time political opposition leader against apartheid, who eventually served as the South African ambassador to the United States during the country’s transition to representative democracy.Schwarz rose from the childhood poverty he...
(1958–1974) - Leader of the Opposition - Douglas Gibson (1970–1986) - Leader of the Opposition