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Chapter Six Of The Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black S ...
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South Africa Act 1909
The South Africa Act 1909 was an Act of the Parliament of the United Kingdom, which created the Union of South Africa from the British Cape Colony, Colony of Natal, Orange River Colony, and Transvaal Colony. The Act also made provisions for potentially admitting Rhodesia as a fifth province of the Union, but Rhodesian colonists rejected this option in a referendum held in 1922. The Act was the third major piece of legislation passed by the British Parliament with the intent of uniting various British colonies and granting them some degree of autonomy. Earlier, the British North America Act, 1867 had united three colonies (the Province of Canada (which was split into Ontario and Quebec) Nova Scotia, and New Brunswick) and the Commonwealth of Australia Constitution Act, 1900 had united the Australian colonies. Background In the aftermath of the Anglo-Boer War (1899–1902), Britain re-annexed the South African Republic and the Orange Free State, two hitherto indepen ...
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State President Of South Africa
The State President of the Republic of South Africa ( af, Staatspresident) was the head of state of South Africa from 1961 to 1994. The office was established when the country became a republic on 31 May 1961, albeit, outside the Commonwealth of Nations, and Queen Elizabeth II ceased to be Queen of South Africa. The position of Governor-General of South Africa was accordingly abolished. From 1961 to 1984, the post was largely ceremonial. After constitutional reforms enacted in 1983 and taking effect in 1984, the State President became an executive post, and its holder was both head of state and head of government. The State President was appointed by both Houses of the Parliament of South Africa ( Senate of South Africa and the House of Assembly of South Africa) in the form of an electoral college. The office was abolished in 1994, with the end of Apartheid and the transition to democratic majority rule. Since then, the head of state and head of government is known s ...
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Queen Of South Africa
From 1910 to 1961, the Union of South Africa was a self-governing country that shared a monarch with the United Kingdom and the other Dominions of the British Empire. The monarch's constitutional roles were mostly delegated to the governor-general of the Union of South Africa. South Africa became a republic and left the Commonwealth of Nations on 31 May 1961. On 31 May 1994, South Africa rejoined the Commonwealth as a republic, after the end of apartheid. History The monarchy was created by the South Africa Act 1909 which united four British colonies in Southern Africa: Cape of Good Hope, Natal, Orange River Colony and Transvaal. The act also made provisions for admitting Southern Rhodesia as a fifth province of the union in the future, but Southern Rhodesian voters rejected this option in a referendum held in 1922. South-West Africa became a League of Nations mandate of the union in 1915. Following a referendum on the subject, South Africa adopted a new constitutio ...
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Republic Of South Africa Constitution Act, 1961
The Constitution of 1961 (formally the Republic of South Africa Constitution Act, 1961) was the fundamental law of South Africa for two decades. Under the terms of the constitution South Africa left the Commonwealth and became a republic. Legally, the Union of South Africa, which had existed since 1910, came to an end and was re-established as the "Republic of South Africa". Background Republicanism was always a major tenet of Afrikaner nationalism. Even when nationalists controlled the government, however, political realities prevented this goal from being attained prior to the 1960s. On 3 August 1960, the National Party government announced a referendum would be held in October of that year so that voters might weigh in on the question of whether the Union of South Africa should become a republic. The vote was restricted to white South Africans. More than 90% of eligible voters participated in the referendum, and 52.3% of votes were in favour of "a Republic for the ...
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Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time. With the dissolution of the British Empire after World War II and the formation of the Commonwealth of Nations, it was decided that the term ''Commonwealth country'' sho ...
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Union Of South Africa
The Union of South Africa ( nl, Unie van Zuid-Afrika; af, Unie van Suid-Afrika; ) was the historical predecessor to the present-day Republic of South Africa. It came into existence on 31 May 1910 with the unification of the Cape, Natal, Transvaal, and Orange River colonies. It included the territories that were formerly a part of the South African Republic and the Orange Free State. 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 conferred the administration of South West Africa (now known as Namibia) as a League of Nations mandate. It became treated in most respects as another province of the Union, but it never was formally annexed. Like Canada, Australia and New Zealand, 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 ...
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Natal Colony
The Colony of Natal was a British colony in south-eastern Africa. It was proclaimed a British colony on 4 May 1843 after the British government had annexed the Boer Republic of Natalia, and on 31 May 1910 combined with three other colonies to form the Union of South Africa, as one of its provinces. It is now the KwaZulu-Natal province of South Africa. It was originally only about half the size of the present province, with the north-eastern boundaries being formed by the Tugela and Buffalo rivers beyond which lay the independent Kingdom of Zululand (''kwaZulu'' in the Zulu language). Fierce conflict with the Zulu population led to the evacuation of Durban, and eventually, the Boers accepted British annexation in 1844 under military pressure. A British governor was appointed to the region and many settlers emigrated from Europe and the Cape Colony. The British established a sugar cane industry in the 1860s. Farm owners had a difficult time attracting Zulu labourers to wo ...
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Orange River Colony
The Orange River Colony was the British colony created after Britain first occupied (1900) and then annexed (1902) the independent Orange Free State in the Second Boer War. The colony ceased to exist in 1910, when it was absorbed into the Union of South Africa as Orange Free State Province. Constitutional history During the Second Boer War, British forces invaded the Orange Free State, occupying the capital, Bloemfontein by 13 March 1900. Five months later, on 6 October 1900, the British government declared an official annexation of the full territory of the Orange Free State, this in-spite of the fact they had not yet occupied the full territory, nor defeated the Free State forces. The Free State government moved to Kroonstad during the early months of the war and its armies remained active in the field until the war's end. From the perspective of the Orange Free State, independence wasn't lost until they ratified the Treaty of Vereeniging on 31 May 1902. On the Boer side ...
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Transvaal Colony
The Transvaal Colony () was the name used to refer to the Transvaal region during the period of direct British rule and military occupation between the end of the Second Boer War in 1902 when the South African Republic was dissolved, and the establishment of the Union of South Africa in 1910. The borders of the Transvaal Colony were larger than the defeated South African Republic (which had existed from 1856 to 1902). In 1910 the entire territory became the Transvaal Province of the Union of South Africa. History Both the Boer republics, the South African Republic (ZAR) and the Orange Free State were defeated in the Anglo-Boer War and surrendered to the UK. The peace treaty ( Treaty of Vereeniging) contained the following terms: # That all burghers of the ZAR and Orange Free State lay down their arms and accept King Edward VII as their sovereign. # That all burghers outside the borders of the ZAR and Orange Free State, upon declaring their allegiance to the King, be tran ...
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Cape Colony
The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British colony in present-day South Africa named after the Cape of Good Hope, which existed from 1795 to 1802, and again from 1806 to 1910, when it united with three other colonies to form the Union of South Africa. The British colony was preceded by an earlier corporate colony that became an original Dutch colony of the same name, which was established in 1652 by the Dutch East India Company (VOC). The Cape was under VOC rule from 1652 to 1795 and under rule of the Napoleonic Batavia Republic from 1803 to 1806. The VOC lost the colony to Great Britain following the 1795 Battle of Muizenberg, but it was acceded to the Batavia Republic following the 1802 Treaty of Amiens. It was re-occupied by the British following the Battle of Blaauwberg in 1806, and British possession affirmed with the Anglo-Dutch Treaty of 1814. The Cape of Good Hope then remained in the British Empire, becoming self ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is '' de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all g ...
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