South Africa Act 1909 (Brand)

[9 Edw. 7. Ch. 9]

Arrangement of Sections
I.—PRELIMINARY.
 * 1. Short title.
 * 2. Definitions.
 * 3. Application of Act to King's successors.

II.—THE UNION.
 * 4. Proclamation of Union.
 * 5. Commencement of Act.
 * 6. Incorporation of Colonies into the Union.
 * 7. Application of Colonial Boundaries Act, &c.

III.—EXECUTIVE GOVERNMENT.
 * 8. Executive power.
 * 9. Governor-General.
 * 10. Salary of Governor-General.
 * 11. Application of Act to Governor-General.
 * 12. Executive Council.
 * 13. Meaning of Governor-General in Council.
 * 14. Appointment of ministers.
 * 15. Appointment and removal of officers.
 * 16. Transfer of executive powers to Governor-General in Council.
 * 17. Command of naval and military forces.
 * 18. Seat of Government.

IV.—PARLIAMENT.
 * 19. Legislative power.
 * 20. Sessions of Parliament.
 * 21. Summoning of first Parliament.
 * 22. Annual session of Parliament.
 * 23. Seat of Legislature.


 * Senate.
 * 24. Original constitution of Senate.
 * 25. Subsequent constitution of Senate.
 * 26. Qualifications of senators.
 * 27. Appointment and tenure of office of President.
 * 28. Deputy President.
 * 29. Resignation of senators.
 * 30. Quorum.
 * 31. Voting in the Senate.


 * House of Assembly.
 * 32. Constitution of House of Assembly.
 * 33. Original number of members.
 * 34. Increase of number of members.
 * 35. Qualifications of voters.
 * 36. Application of existing qualifications.
 * 37. Elections.
 * 38. Commission for delimitation of electoral divisions.
 * 39. Electoral divisions.
 * 40. Method of dividing provinces into electoral divisions.
 * 41. Alteration of electoral divisions.
 * 42. Powers and duties of commission for delimiting electoral divisions.
 * 43. Date from which alteration of electoral divisions to take effect.
 * 44. Qualifications of members of House of Assembly.
 * 45. Duration.
 * 46. Appointment and tenure of office of Speaker.
 * 47. Deputy Speaker.
 * 48. Resignation of members.
 * 49. Quorum.
 * 50. Voting in the House of Assembly.


 * Both Houses of Parliament.
 * 51. Oath of affirmation or allegiance.
 * 52. Members of either House disqualified from being member of the other House.
 * 53. Disqualifications for being a member of either House.
 * 54. Vacation of seats.
 * 55. Penalty for sitting or voting when disqualified.
 * 56. Allowances of members.
 * 57. Privileges of Houses of Parliament.
 * 58. Rules of procedure.


 * Powers of Parliament.
 * 59. Powers of Parliament.
 * 60. Money Bills.
 * 61. Appropriation Bills.
 * 62. Recommendation of money votes.
 * 63. Disagreements between the two Houses.
 * 64. Royal Assent to Bills.
 * 65. Disallowance of Bills.
 * 66. Reservation of Bills.
 * 67. Signature and enrolment of Acts.

V.—THE PROVINCES.


 * Administrators.
 * 68. Appointment and tenure of office of provincial administrators.
 * 69. Salaries of administrators.


 * Provincial Councils.
 * 70. Constitution of provincial councils.
 * 71. Qualification of provincial councillors.
 * 72. Application of sections 53 to 55 to provincial councillors.
 * 73. Tenure of office by provincial councillors.
 * 74. Sessions of provincial councils.
 * 75. Chairmen of provincial councils.
 * 76. Allowances of provincial councillors.
 * 77. Freedom of speech in provincial councils.


 * Executive Committees.
 * 78. Provincial executive committees.
 * 79. Right of administrator, &c. to take part in proceedings of provincial council.
 * 80. Powers of provincial executive committees.
 * 81. Transfer of powers to provincial executive committees.
 * 82. Voting in executive committees.
 * 83. Tenure of office by members of executive committees.
 * 84. Power of administrator to act on behalf of Governor-General in Council.


 * Powers of Provincial Councils.
 * 85. Powers of provincial councils.
 * 86. Effect of provincial ordinances.
 * 87. Recommendations to Parliament.
 * 88. Power to deal with matters proper to be dealt with by private Bill legislation.
 * 89. Constitution of provincial revenue fund.
 * 90. Assent to provincial ordinances.
 * 91. Effect and enrolment of ordinances.


 * Miscellaneous.
 * 92. Audit of provincial accounts.
 * 93. Continuation of powers of divisional and municipal councils.
 * 94. Seats of provincial government.

VI.—THE SUPREME COURT OF SOUTH AFRICA.
 * 95. Constitution of Supreme Court.
 * 96. Appellate Division of Supreme Court.
 * 97. Filling of temporary vacancies in Appellate Division.
 * 98. Constitution of provincial and local divisions of the Supreme Court.
 * 99. Continuation in office of existing judges.
 * 100. Appointment and remuneration of judges.
 * 101. Tenure of office by judges.
 * 102. Reduction in number of judges.
 * 103. Appeals to Appellate Division.
 * 104. Existing appeals.
 * 105. Appeals from inferior courts to provincial divisions.
 * 106. Provisions as to appeals to the King in Council. 53 & 54 Vict. c. 27.
 * 107. Rules of procedure in Appellate Division.
 * 108. Rules of procedure in provincial and local divisions.
 * 109. Place of sittings of Appellate Division.
 * 110. Quorum for hearing appeals.
 * 111. Jurisdiction of Appellate Division.
 * 112. Execution of processes of provincial divisions.
 * 113. Transfer of suits from one provincial or local division to another.
 * 114. Registration and officers of Appellate Division.
 * 115. Advocates and attorneys.
 * 116. Pending suits.

VII.—FINANCE AND RAILWAYS.
 * 117. Constitution of Consolidated Revenue Fund and Railway and Harbour Fund.
 * 118. Commission of inquiry into financial relations between Union and provinces.
 * 119. Security for existing public debts.
 * 120. Requirements for withdrawal of money from funds.
 * 121. Transfer of Colonial property to the Union.
 * 122. Crown lands, &c.
 * 123. Mines and minerals.
 * 124. Assumption by Union of colonial debts.
 * 125. Ports, harbours, and railways.
 * 126. Constitution of Harbour and Railway Board.
 * 127. Administration of railways, ports, and harbours.
 * 128. Establishment of a fund for maintaining uniformity of railway rates.
 * 129. Management of railway and harbour balances.
 * 130. Construction of harbour and railway works.
 * 131. Making good of deficiencies in Railway Fund in certain cases.
 * 132. Controller and Auditor-General.
 * 133. Compensation of colonial capitals for diminution of prosperity.

VIII.—GENERAL.
 * 134. Method of voting for senators, &c.
 * 135. Continuation of existing colonial laws.
 * 136. Free trade throughout Union.
 * 137. Equality of English and Dutch languages.
 * 138. Naturalisation.
 * 139. Administration of justice.
 * 140. Existing officers.
 * 141. Reorganisation of public departments.
 * 142. Public service commission.
 * 143. Pensions of existing officers.
 * 144. Tenure of office of existing officers.
 * 145. Existing officers not to be dismissed for ignorance of English or Dutch.
 * 146. Compensation to existing officers who are not retained.
 * 147. Administration of native affairs, &c.
 * 148. Devolution on Union of rights and obligations under conventions.

IX.—NEW PROVINCES AND TERRITORIES.
 * 149. Alteration of boundaries of provinces.
 * 150. Power to admit into Union territories administered by the British South Africa Company.
 * 151. Power to transfer to Union government of native territories.

X.—AMENDMENT OF ACT.
 * 152. Amendment of Act.

SCHEDULE.

An Act to constitute the Union of South Africa.

[20 September 1909.]

WHEREAS it is desirable for the welfare and future progress of South Africa that the several British Colonies therein should be united under one Government in a legislative union under the Crown of Great Britain and Ireland:

And whereas it is expedient to make provision for the union of the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony on terms and conditions to which they have agreed by resolution of their respective Parliaments, and to define the executive, legislative, and judicial powers to be exercised in the government of the Union:

And whereas it is expedient to make provision for the establishment of provinces with powers of legislation and administration in local matters and in such other matters as may be specially reserved for provincial legislation and administration:

And whereas it is expedient to provide for the eventual admission into the Union or transfer to the Union of such parts of South Africa as are not originally included therein:

Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :—