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Union of South Africa

British dominion in southern Africa from 1910 to 1961

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Through World War I, Treaty of Versailles and League of Nations

Following World War I, the Union of South Africa was a signatory of the Treaty of Versailles and became one of the founding members of the League of Nations. It was mandated by the League with the administration of South West Africa (now known as Namibia). South West Africa became treated in most respects as another province of the Union, but it never was formally annexed.

The Union of South Africa was a self-governing dominion of the British Empire. Its full sovereignty was confirmed with the Balfour Declaration of 1926 and the Statute of Westminster 1931. It was governed under a form of constitutional monarchy, with the Crown being represented by a governor-general. The Union came to an end with the enactment of the constitution of 1961, by which it became a republic and left the Commonwealth of Nations. The Republic of South Africa rejoined the Commonwealth on 1 June 1994.

Constitution

Main features

The Union of South Africa was a unitary state, rather than a federation like Canada and Australia, with each colony's parliaments being abolished and replaced with provincial councils. A bicameral parliament was created, consisting of the House of Assembly and Senate, with members of the parliament being elected mostly by the country's white minority. During the course of the Union, the franchise changed on several occasions always to suit the needs of the government of the day. Parliamentary sovereignty was a convention of the constitution, inherited from the United Kingdom; save for procedural safeguards in respect of the entrenched sections of franchise and language, the courts were unable to intervene in Parliament's decisions.

Capitals

Pretoria was the seat of government, while the Parliament sat in Cape Town and the Appellate Division in Bloemfontein.

Relationship to the Crown

The Union initially remained under the British Crown as a self-governing dominion of the British Empire. With the passage of the Statute of Westminster in 1931, the Union and other dominions became equal in status to the United Kingdom, and the Parliament of the United Kingdom could no longer legislate on behalf of them. This had the effect of making the Union and the other dominions de jure sovereign nations. The Status of the Union Act, passed by the South African Parliament in 1934, incorporated the applicable portions of the Statute of Westminster into South African law, underscoring its status as a sovereign nation. It removed what remaining authority Whitehall had to legislate for South Africa, as well as any nominal role that the United Kingdom had in granting Royal Assent. The governor-general was now required to sign or veto bills passed by Parliament, without the option of seeking advice from London.

The monarch was represented in South Africa by a governor-general, while effective power was exercised by the Executive Council, headed by the prime minister. Louis Botha, formerly a Boer general, was appointed the first prime minister of the Union, heading a coalition representing the white Afrikaner and English-speaking British diaspora communities.

Prosecutions before courts were instituted in the name of the Crown (cited in the format Rex / Regina v Accused) and government officials served in the name of the Crown.

Languages

An entrenched clause in the Constitution mentioned Dutch and English as official languages of the Union, but the meaning of Dutch was changed by the Official Languages of the Union Act, 1925 to include both Dutch and Afrikaans.

Final days of the South Africa Act and legacy

Most English-speaking whites in South Africa supported the United Party of Jan Smuts, which favoured close relations with the United Kingdom and the Commonwealth, unlike the Afrikaans-speaking National Party, which had held anti-British sentiments and was opposed to South Africa's intervention in the Second World War. Some Nationalist organisations, like the Ossewabrandwag, were openly supportive of Nazi Germany during the Second World War. Additionally, most English-speaking South Africans were opposed to the creation of a republic, many of them voting "no" in the 5 October 1960 referendum. But due to the much larger number of Afrikaans-speaking voters, the referendum passed, leading to the establishment of a republic on 31 May 1961. The government led by the National Party consequently withdrew South Africa from the Commonwealth. Following the results of the referendum, some whites in Natal, which had an English-speaking majority, called for secession from the Union. Five years earlier, some 33,000 Natalians had signed the Natal Covenant in opposition to the plans for a republic.

Subsequently, the National Party government had passed a Constitution that repealed the South Africa Act 1909. The features of the Union were carried over with very little change to the newly formed Republic. The decision to transform from a Union to Republic was narrowly decided in the referendum. The decision together with the South African Government's insistence on adhering to its policy of apartheid resulted in South Africa's de facto expulsion from the Commonwealth of Nations.

Segregation

The South Africa Act 1909 dealt with race in two specific provisions. First it entrenched the liberal (by South African standards) Cape Qualified Franchise system of the Cape Colony which operated free of any racial considerations (although due to socio-economic restrictions no real political expression of non-whites was possible). The Cape Prime Minister at the time, John X. Merriman, fought hard, but ultimately unsuccessfully, to extend this system of multi-racial franchise to the rest of South Africa.

Second, it made "native affairs" a matter for the national government. The practice therefore was to establish a Minister of Native Affairs.

According to Stephen Howe, "colonialism in some cases—most obviously among white minorities in South Africa—meant mainly that these violent settlers wanted to maintain more racial inequalities than the colonial empire found just".

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