of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails. And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent. No alteration diminishing the proportionate representation of any State in either House of Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law. SCHEDULE. I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. SO HELP ME GOD! AFFIRMATION. I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. (NOTE.-The name of the King or Queen of the United Kingdom of Great Britain and Ireland for the time being is to be substituted from time to time.) ACT OF PARLIAMENT ESTABLISHING THE [9 Edw. VII. Cap. 9, "Law Reports: Public General Statutes," vol. 47 (1909), pp. 42-77.] An Act to constitute the Union of South Africa. [20th 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: 1. This Act may be cited as the South Africa Act, 1909. Short title. Definitions. Application of 2. In this Act, unless it is otherwise expressed or implied, the words "the Union" shall be taken to mean the Union of South Africa as constituted under this Act, and the words "Houses of Parliament," "House of Parliament," or "Parliament," shall be taken to mean the Parliament of the Union. 3. The provisions of this Act referring to the King Act to King's shall extend to His Majesty's heirs and successors in the sovereignty of the United Kingdom of Great Britain and Ireland. successors. Proclamation of Union. Commencement of Act. Incorporation the Union. II. THE UNION. 4. It shall be lawful for the King, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony, hereinafter called the Colonies, shall be united in a Legislative Union under one Government under the name of the Union of South Africa. On and after the day appointed by such proclamation the Government and Parliament of the Union shall have full power and authority within the limits of the Colonies, but the King may at any time after the proclamation appoint a governor-general for the Union. 5. The provisions of this Act shall, unless it is otherwise expressed or implied, take effect on and after the day so appointed. 6. The colonies mentioned in section four shall become of colonies into original provinces of the Union under the names of Cape of Good Hope, Natal, Transvaal, and Orange Free State, as the case may be. The original provinces shall have the same limits as the respective colonies at the establishment of the Union. Application of 7. Upon any colony entering the Union, the Colonial Boundaries Act, 1895, and every other Act applying to any of the Colonies as being self-governing colonies or colonies with responsible government, shall cease to apply to that colony, but as from the date when this Act takes effect every such Act of Parliament shall apply to the Union. III.-EXECUTIVE GOVERNMENT. 8. The Executive Government of the Union is vested Executive in the King, and shall be administered by His Majesty in power. person or by a governor-general as His representative. General. 9. The Governor-General shall be appointed by the GovernorKing, and shall have and may exercise in the Union during the King's pleasure, but subject to this Act, such powers and functions of the King as His Majesty may be pleased to assign to him. Governor 10. There shall be payable to the King out of the Con- Salary of solidated Revenue Fund of the Union for the salary of the General. Governor-General an annual sum of ten thousand pounds. The salary of the Governor-General shall not be altered during his continuance in office. Act to 11. The provisions of this Act relating to the Governor- Application of General extend and apply to the Governor-General for the Governortime being or such person as the King may appoint to General. administer the government of the Union. The King may authorise the Governor-General to appoint any person to be his deputy within the Union during his temporary absence, and in that capacity to exercise for and on behalf of the Governor-General during such absence all such powers and authorities vested in the Governor-General as the Governor-General may assign to him, subject to any limitations expressed or directions given by the King; but the appointment of such deputy shall not affect the exercise by the Governor-General himself of any power or function. 12. There shall be an Executive Council to advise the Executive Council. Governor-General in the government of the Union, and the members of the council shall be chosen and summoned by the Governor-General and sworn as executive councillors, and shall hold office during his pleasure. Governor 13. The provisions of this Act referring to the Gov- Meaning of ernor-General in Council shall be construed as referring General in to the Governor-General acting with the advice of the Council. Executive Council. Appointment of ministers. Appointment officers. 14. The Governor-General may appoint officers not exceeding ten in number to administer such departments of State of the Union as the Governor-General in Council may establish; such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Executive Council and shall be the King's ministers of State for the Union. After the first general election of members of the House of Assembly, as hereinafter provided, no minister shall hold office for a longer period than three months unless he is or becomes a member of either House of Parliament. 15. The appointment and removal of all officers of and removal of the public service of the Union shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by this Act or by a law of Parliament to some other authority. Transfer of executive powers to GovernorGeneral in Council. Command of naval and military forces. Seat of Government. Legislative power. 16. All powers, authorities, and functions which at the establishment of the Union are in any of the Colonies vested in the Governor or in the Governor in Council, or in any authority of the Colony, shall, as far as the same continue in existence and are capable of being exercised after the establishment of the Union, be vested in the Governor-General or in the Governor-General in Council, or in the authority exercising similar powers under the Union, as the case may be, except such powers and functions as are by this Act or may by a law of Parliament be vested in some other authority. 17. The command in chief of the naval and military forces within the Union is vested in the King or in the Governor-General as His representative. 18. Save as in section twenty-three excepted, Pretoria shall be the seat of Government of the Union. IV.-PARLIAMENT. 19. The legislative power of the Union shall be vested in the Parliament of the Union, herein called Parliament, which shall consist of the King, a Senate, and a House of Assembly. |