Union of South Africa: Difference between revisions

The Union of South Africa is the historic predecessor to the Republic of South Africa. It came into being on 31 May 1910, as a result of the consolidation of the British Colonies in the Southern Africa region under one system of government. The previously independent (of each other) colonies became Provinces in the Union of South Africa as the Cape, Natal, Transvaal and the Orange Free State, respectively. With the conversion of South Africa from a dominion in the Commonwealth to a seperate Republic in 1961 the Union ceased to exist and is therefore part of the history of the present day state of the Republic of South Africa

Constitution

Core Features

Unlike Canada and Australia, the Union was a unitary state, rather than a federation, with each colony's parliaments being abolished and replaced with provincial councils. A bicameral parliament was created, consisting of a House of Assembly and Senate, and its members were elected mostly by the country's white minority. During the course of the Union the fanchise changed on several occassions often to suit the needs of the government of the day. Parliamentary Supremacy was entrenched and save for procedural safeguards the courts were unable to intervene in Parliament's decisions or policies.

Capital

Owing to disagreements over where the Union's capital city should be, a compromise was reached in which every province would be represented: the seat of government would be in Pretoria (Transvaal), the seat of parliament would be in Cape Town (Cape Province), the judiciary would be in Bloemfontein (Orange Free State), and Pietermaritzburg (Natal) was given financial compensation. This arrangement continues to this day, with government ministers, civil servants, and diplomats moving from Pretoria to Cape Town every year when Parliament is in session, and back to Pretoria when it is not. This arrangement effectively continues still although the only reference in the current South African Constitution is that Cape Town is the Seat of Parliament.

Relationship to the Crown

The Union remained under the British Crown as self-governing dominion of the British Empire, and later the Commonwealth. The monarchy was represented in South Africa by a Governor-General, while effective power was exercised by the Prime Minister (who was Head of Government). Louis Botha, formerly a Boer general, was appointed first Prime Minister of the Union, heading a coalition representing the white Afrikaner and English-speaking communities. Prosecutions before courts were instituted in the name of the Crown (cited in the format Rex v Accused) and government officials served in the name of the Crown. During the course of the Union the royal styles of the monarch were modified ultimately creating the position of King of South Africa.

Language matters

As an entrenched clause in the Constitution Originally, Dutch was an official language alongside English, but it was de facto replaced by Afrikaans in 1926 whilst officially Dutch and Afrikaans co-existed legally until the 1960's.

Final days of the South African Act and legacy

Following a referendum on 5 October 1960, in which whites voted in favour of a republic, the Union became the Republic of South Africa on 31 May 1961 and left the Commonwealth in the face of condemnation of its apartheid policies. Subsequently the South African Parliament passed a Constitution that repealed the South African Act. The features of the Union were carried over with very little change to the newly formed Republic.

Reasons for Unification

At the close of the Anglo Boer War in 1903, the four colonies were for the first time under a common flag, and the most significant obstacle to unification that prevented previous plans at unification was no longer applicable. Subsequently the long standing desire of many colonial administrators to establish a unified structure became immediately possible. The most notable previous attempt was probably Lord Carnaveron's Federation plans.

The Union of South Africa and South West Africa

Following the outbreak of the First World War in 1914 the Union of South Africa occupied and annexed the German colony of South West Africa. With the establishment of the League of Nations and cessation of the war, South Africa obtained a Class C Mandate to administer South West Africa "under the laws of the mandatory (South Africa) as integral portions of its territory". Subsequently the Union of South Africa generally regarded South West Africa as a fifth province, although this was never an official status.

With the creation of the United Nations, the Union did not modifiy the administration of South West Africa and continued to adhere to the original mandate. This caused a complex set of legal wranglings that were not finalised when the Union was replaced with the Republic of South Africa. Ultimately the Republic reneged on its obligations to South West Africa.

It is also worth noting that Walvis Bay which is now in Namibia was throughout the course of the Union of South Africa a part of of the Union, rather than administered by virtue of the Class C Mandate (it fell under the magisterial district of Cape Town) as it was a part of the Cape Colony at the time of Unification.

The Treaty of Westminster

The Statue of Westminster passed by the Imperial Parliament in December 1931, which repealed the Colonial Laws Validity Act and implemented the Balfour Declaration 1926 had a profound impact on the constitutitional structure and status of the Union. The most notable effect was that the South African Parliament was released on many restrictions concerning the handling of the so called "native question". However the repeal was not sufficient to enable the South African Parliament to ignore the entrenched clauses of her constitution (the South African Act) which lead to the Constitutional Crisis of the 1950's.

Bibliography

The following print texts have been consulted in the production of this article:

CJ Muller (ed) 500 Years History of South Africa, H&R Academica 1969

L Thomson A History of South Africa, Johnathan Ball Publishers 2006

L Thompson, The Unification of South Africa 1902 - 1910, Oxford University Press 1960

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 {{Main|South Africa Act 1909}}
 ===Core Features===
-Unlike [[Canada]] and [[Australia]], the Union was a [[unitary state]], rather than a [[federation]], with each colony's parliaments being abolished and replaced with provincial councils. A [[bicameral]] [[parliament]] was created, consisting of a [[House of Assembly]] and [[Senate]], and its members were elected mostly by the country's white minority. During the course of the Union the fanchise changed on several occassions often to suit the needs of the government of the day. Parliamentary Supremacy was entrenched and save for procedural safeguard
+Unlike [[Canada]] and [[Australia]], the Union was a [[unitary state]], rather than a [[federation]], with each colony's parliaments being abolished and replaced with provincial councils. A [[bicameral]] [[parliament]] was created, consisting of a [[House of Assembly]] and [[Senate]], and its members were elected mostly by the country's white minority. During the course of the Union the fanchise changed on several occassions often to suit the needs of the government of the day. Parliamentary Supremacy was entrenched and save for procedural safeguards the courts were unable to intervene in Parliament's decisions or policies.
 ===Capital===

Revision as of 10:10, 31 October 2006