On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion and for it to be a republic instead. The new south africa, 1910 the new south africa, 1910 chapter. From about 50,000bc groups of san people migrate out southern africa eventually giving rise apparently to modern man in the rest of the world. The new union was inaugurated on may 31, 1910, with louis botha as the first. South africas constitution of 1996 with amendments through. Apartheid apartness in the language of afrikaans was a system of legislation that upheld segregationist policies against nonwhite citizens of south africa. The period 1909 to 1910 covers the independence period and is essentially the genesis of the constitutional development of south. Chapter constitutional issues surrounding the law of. This declared the former union of south africa a republic.
On the eve of the 1994 general election, south africa s former homelands, also known as bantustans, were reintegrated and the four existing provinces were divided into nine. Before addressing this challenge to constitutionalism, the paper will first describe the emergence and role of constitutionalism in south africas democratic transition. South africa has one of the continents biggest and most developed economies. The union of south africa 1910 south african history online. The new legal order in south africa, with its overarching. Constitution, emphasizes values in a way that the pre1994 legal system had not catered for.
Republic of south africa constitution act 110 of 1983 south. The signing of the peace treaty of vereeniging on 31 may 1902 brought an end to this war. This gave rights to the white minority but took away the right to vote of the majority of south africans. Study unit 1 introduction to south african law tristan. Somewhat later, the newly founded republic also left the commonwealth. After the 1948 elections, when prime minister jan smuts was voted out 6 hahlo kahn, sa. The union constitution promoted racist policies in its acts and laid background for apartheid policies. South africa is found at the southernmost region of africa, with a long coastline that reaches more than 2,500 km 1,553 mi and along two oceans the south atlantic and the indian.
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. The south african constitution, pages 596597 rules of the national assembly. The period 1909 to 1910 covers the independence period and is essentially the genesis of the constitutional development of south africa. Republic of south africa constitution act, 1961 wikisource. Pdf unification of south africa 1910 adam yamey academia. The constitution of south africa constitution hill. This period was characterised by the enactment of the south africa act by the british parliament, establishing an independent union of south africa comprising the territories of cape colony, orange free state, natal and transvaal.
On the eve of the 1994 general election, south africas former homelands, also known as bantustans, were reintegrated and the four existing provinces were divided into nine. 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. South africas independence from england was first acknowledged in 1931 and again in 1936. Constitutional history of south africa constitutionnet. The republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. Republic of south africa constitution act, 1983 act no. This gave rights to the white minority but took away the right to vote of the. Apr 11, 2019 the politicking behind the scenes for the formation of the union of south africa allowed the foundations of apartheid to be laid. Politcal features making of modern south africa 1890 1910.
These people were the british settlers and the boers. A history of the south african constitution 19101996. Britain and southern africa, 18701910 5 after great britain wrested control of the cape from the dutch east india company in the early nineteenth century, its officials also saw the colonys significance primarily in strategic terms. It has also been stated that the values represent the spirit of the law, whilst the. The union of south africa came into being based on the south africa act that was. Not only is the 1996 constitution democratic south africas founding constitution, it also marks the shift, together with the 1993. Republic of south africa the republic of south africa is one, sovereign, democratic state founded on the following values. The inauguration of the union of south africa follows soon afterwards, on 31 may 1910, and marks the disenfranchisement of black people. The union came to an end with the enactment of the constitution of 1961, by which it. By 1931, however, most of britains direct authority over south africa had been removed, and the status of union act of 1934 affirmed that no act passed by the british parliament would apply to south. South africa act, passed by the british parliament in 19093. On may 31, 1910, the union of south africa was formed under british dominion.
The union of south africa was born on may 31, 1910, created by a constitutional convention in durban in 1908 and an act of the british parliament 1909. Just under two years later, in january 1912, the african national congress is formed. Disunion of the four constituent colonies of southern africa, it was felt by leading. The 1910 constitution granted independence to south africa from britain, the 1961 constitution declared the country a republic, and the 1983 constitution. Related work act to constitute the union of south africa. Up until 1994 it was ruled by a white minority government, which. In 1928 the south african communist party sows the seeds of the concept of black majority rule with the rallying call of a. A history of the south african constitution 19101996 south. The 1910 constitution granted independence to south africa from britain, the 1961 constitution declared the country a republic, and the 1983 constitution established a tricameral parliament. World missionary conference, edinburgh, scotland, 1910. South africa, officially the republic of south africa rsa, is the southernmost country in africa. In its stead, a republic a south africa was established. After the 1948 elections, when prime minister jan smuts was voted out 6 hahlo kahn, sa legal system, 534. In 1960 the white government held a referendum to decide whether south africa would become a republic.
In the interest of clarity, the ac tions in respect of. It is the highest law of the land and no other law or government action can supersede it. A history of the south african constitution 19101996 south african. It provides a framework for governing for five years, while a new constitution, to be implemented by 1999, was drafted by. Constitution of consolidated revenue fund and railway and harbour fund. At 1,219,912 km 2 471,011 sq mi, 9 south africa is the 25thlargest country in the world and is almost the size of colombia. This was followed by the eventual adoption of south africas first constitution on 31 may 1910. Republic of south africa constitution act no 32 the o. South africa is a country of many cultures, known by its citizens as the rainbow nation.
Merriman, prime minister of the cape colony, and jan smuts, then colonial secretary of the transvaal, the latter noting. Africa from the decade between the south african war 18991902 and the moment of union 1910 novels, histories, newspapers, as well as more ephemeral texts. The period between 1909 and 1910, the period 1910 and 1996, the period 1996 to present. The union of south africa south africa act, 1909 this act was passed through both houses of the imperial parliament exactly as it was forwarded after the south african convention was held. 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 governorgeneral for the union. It came into being on 31 may 1910 with the unification of the cape colony, the natal colony, the transvaal, and the orange river colony. All iterations barred black south africans from voting and from political and everyday rights. In 1909, lord elgin, the british colonial secretary, met with the leaders of the different colonies in south africa and discussed the issue of a potential union as well as a proposed constitution for the union of south africa.
Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. The period 1909 to 1910 covers the independence period and is essentially the origin of the constitutional development of south africa. Unie van suidafrika pronunciation help info is the historical predecessor to the presentday republic of south africa. The union constitution promoted the position of the whites in south africa at the expense of the africans. The constitution and governmental delations in south africa. The politicking behind the scenes for the formation of the union of south africa allowed the foundations of apartheid to be laid. South africa south africa reconstruction, union, and segregation 190229. May 17, 2016 study unit 1 introduction to south african law. The aboriginal indigenous people the san bushmen and khoikhoi collectively known as khoisan were joined by an influx of bantu and europeans to evolve into presentday south africas cultural makeup. However, the demand for a democratic constitutional dispensation was not new, and was in fact as old as south africa itself. Select constitutional documents illustrating south african.
The interim constitutionthe constitution of the republic of south africa, 1993 act no. In 1910 britain decided to withdraw from the government of south africa and handed the country over to the white residents of south africa. Jun 11, 2017 south africas constitution is the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the countrys nondemocratic past. This period was characterised by the enactment of the south africa act by the british parliament, establishing an independent union of south africa comprising the territories of cape colony, orange free state. South africa act, act of 1909 that unified the british colonies of the cape colony. Congress 1984 constitution of the republic of south africa, 1993.
The year 1994 was a groundbreaking year for south africa when this country became a democracy with the ancs dr nelson mandela as the first democratically elected president. The south africa act of 1909 could be considered as an empowering of the decisions reached at the national convention of 1908 by the british parliament. Constitutional history and development south africas constitutional history and development can be divided into three key phases. In 1910, when the first union cabinet began devising a. It was exactly eight years after the signing of the treaty of vereeniging, which had brought the second angloboer war to an end. Unification in 1910 and up to the 1996 constitution, have always formed an integral part of south african politics. The first constitution for the union of south africa was adopted in 1910. Development of its laws and constitution london, 1960 at 2935. By 100,000bc the san people had settle in southern africa. Between 1910 and 1994 there have been four constitutions in south africa. The republic of south africa is one, sovereign, democratic state founded on the following values.
The infant state owed its conception to centralizing and modernizing forces generated by mineral discoveries, and its character was shaped by eight years of. The union of south africa south africa act, 1909 this. How the 1910 act of union in south africa affected the. Amendment of 1 the southwest africa affairs amendment act. It came into being on 31 may 1910 with the unification of the cape colony. This was the first general election, after the union came into force on 31 may 1910. What we want is a supreme national authority to give expression to the national will of south africa, and the rest is really subordinate. Ellison kahn the rules of precedent applied in south african courts 1967. The twelfth, thirteenth and sixteenth amendments to the constitution changed the borders of seven of the provinces. So much as relates to the republic of south africa constitution act, 1961. With over 58 million people, it is the worlds 24thmost populous nation and covers an area of 1,221,037 kilometres 758,717 mi.
South africa simple english wikipedia, the free encyclopedia. The union of south africa is the historical predecessor to the presentday republic of south africa. It was largely based on the 1909 union of south africa act but substituted the word state whenever king, queen or crown appeared riley 1991. The south africa act and resulting constitution were largely the work of john x. The history of south african law and its romandutch roots. In 1910 britain decided to withdraw from the government of south africa and handed the country over to the white residents of the country who were the british settlers and boers. It and the romandutch law which held sway prior to this period. Second, the paper explores the rising challenges to the constitution and role of. South africa formation of the union of south africa, 1910. South africa reconstruction, union, and segregation 1902.
Politcal features making of modern south africa 1890. The africans were still to be inferior to the boers. This is to say that draft laws, such as language policy and the denial of the franchise to black south africans, as well as the eventual form the union of south africa were now finalised. In 1960, following the drafting of a new constitution, south africa s white voters voted in a constitutional referendum to abolish the union of south africa created by the south africa act of 1909. World missionary conference, edinburgh, 1910 4 administrative correspondence and other records from the continuation committees, printed findings and minutes of those meetings. Print culture and imagining the union of south africa. The background to constitutionalism has been dealt with in chapter 1, and those facts need not be repeated except to repeat an aspect of what has. Although the union of south africa act was passed by the british parliament at westminster, it was wholly constructed by south afncan representatives in south africa. South africas constitution of 1996 with amendments through 2012. From about 500ad bantu speaking people from central and eastern africa had migrated into south.