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The Constitution of 1961 (formally the Republic of South Africa Constitution Act, 1961) was the fundamental law of
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 coun ...
for two decades. Under the terms of the constitution South Africa left the
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
and became a
republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...
. Legally, the
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, Tr ...
, which had existed since 1910, came to an end and was re-established as the "Republic of South Africa".


Background

Republicanism Republicanism is a political ideology centered on citizenship in a state organized as a republic. Historically, it emphasises the idea of self-rule and ranges from the rule of a representative minority or oligarchy to popular sovereignty. ...
was always a major tenet of
Afrikaner nationalism Afrikaner nationalism ( af, Afrikanernasionalisme) is a nationalistic political ideology which created by Afrikaners residing in Southern Africa during the Victorian era. The ideology was developed in response to the significant events in Afri ...
. 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 A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
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 African White South Africans generally refers to South Africans of European descent. In linguistic, cultural, and historical terms, they are generally divided into the Afrikaans-speaking descendants of the Dutch East India Company's original settler ...
s. More than 90% of eligible voters participated in the referendum, and 52.3% of votes were in favour of "a Republic for the Union." The Republic of South Africa Constitution Bill was introduced in January 1961. It came into force on 31 May 1961; 31 May was a significant day in South African history, being both the day in 1902 on which the
Treaty of Vereeniging The Treaty of Vereeniging was a peace treaty, signed on 31 May 1902, that ended the Second Boer War between the South African Republic and the Orange Free State, on the one side, and the United Kingdom on the other. This settlement provided f ...
was signed, ending the
Second Anglo-Boer War The Second Boer War ( af, Tweede Vryheidsoorlog, , 11 October 189931 May 1902), also known as the Boer War, the Anglo–Boer War, or the South African War, was a conflict fought between the British Empire and the two Boer Republics (the Sout ...
, and the day in 1910 on which the Union of South Africa came into being.


Contents

The structure of the government of the Republic under the 1961 constitution was a Westminster system very similar to that of the Union under the
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 ...
, except that the
Queen Queen or QUEEN may refer to: Monarchy * Queen regnant, a female monarch of a Kingdom ** List of queens regnant * Queen consort, the wife of a reigning king * Queen dowager, the widow of a king * Queen mother, a queen dowager who is the mother ...
and the appointed
Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
were replaced by a
State President 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 Commonweal ...
elected by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
.
C. R. Swart Charles Robberts Swart (5 December 1894 – 16 July 1982), nicknamed ''Blackie'', was a South African politician who served as the last governor-general of the Union of South Africa from 1959 to 1961 and the first state president of the Republi ...
, the last Governor-General became the first State President on 31 May 1961.


Executive

The executive power was formally vested in the
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 Commonweal ...
, who as
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
had all powers previously belonging to the monarch or the
Governor-General of South Africa The governor-general of the Union of South Africa ( af, Goewerneur-generaal van Unie van Suid-Afrika, nl, Goeverneur-generaal van de Unie van Zuid-Afrika) was the highest state official in the Union of South Africa between 31 May 1910 and 31 ...
. The role of the State President was largely ceremonial, as he was required to act on the advice of the
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
. Actual executive power rested with the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
, who was
head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...
. The State President was elected, for a non-renewable seven-year term, by a joint sitting of Parliament in which each
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
or member of the
House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies A Crown colony or royal colony was a colony adm ...
had one vote. He could be removed for misconduct or incapacity by resolutions passed by both houses of Parliament after an investigation by joint committee. When the office of State President was vacant the President of the Senate would serve as Acting State President under the terms of a
dormant commission A dormant commission is a commission in a Commonwealth realm that lies dormant or sleeping until it is triggered by a particular event. Historically, a dormant commission was given in relation to a military command. During the Crimean War, Sir ...
. The State President would appoint a
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
(formally the Executive Council) consisting of members of the Senate and the House of Assembly. The Westminster constitutional conventions that had applied under the Union were preserved by the 1961 constitution, so in effect the State President was required to appoint a Prime Minister and Cabinet that commanded the support of the House of Assembly; commonly the Prime Minister would be the leader of the majority party.


Parliament

The legislative power was vested in
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, which consisted of the
House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies A Crown colony or royal colony was a colony adm ...
(the
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
) and the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(the
upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
). Parliament sat in
Cape Town Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest ...
and was required to meet at least once a year. The last parliament of the Union elected in 1958 would continue as the first parliament of the new Republic. The House of Assembly consisted of 150 members elected by
white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White ...
voters from single-member electoral divisions using
first-past-the-post voting In a first-past-the-post electoral system (FPTP or FPP), formally called single-member plurality voting (SMP) when used in single-member districts or informally choose-one voting in contrast to ranked voting, or score voting, voters cast the ...
, six members elected by white voters in
South-West Africa South West Africa ( af, Suidwes-Afrika; german: Südwestafrika; nl, Zuidwest-Afrika) was a territory under South African administration from 1915 to 1990, after which it became modern-day Namibia. It bordered Angola (Portuguese colony before 1 ...
, and four members elected by
coloured Coloureds ( af, Kleurlinge or , ) refers to members of multiracial ethnic communities in Southern Africa who may have ancestry from more than one of the various populations inhabiting the region, including African, European, and Asian. South ...
voters in the
Cape Province The Province of the Cape of Good Hope ( af, Provinsie Kaap die Goeie Hoop), commonly referred to as the Cape Province ( af, Kaapprovinsie) and colloquially as The Cape ( af, Die Kaap), was a province in the Union of South Africa and subsequen ...
. (The number of ordinary members was increased to 160 in 1966 and to 165 in 1974; the coloured representative members were removed in 1970, and the members representing South-West Africa in 1977.) The House of Assembly was elected for a five-year term, but could be dissolved early by the State President (acting on the advice of the cabinet). The Senate consisted of: # Eight Senators, two from each province, nominated by the State President. # For each province, one senator for every ten electoral divisions in the province, but at least eight senators per province. These senators were elected jointly by the members of the House of Assembly elected from the province and the members of the provincial council, using a
single transferable vote Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
system of proportional representation. # One Senator nominated by the State President to represent the coloured people in the
Cape Province The Province of the Cape of Good Hope ( af, Provinsie Kaap die Goeie Hoop), commonly referred to as the Cape Province ( af, Kaapprovinsie) and colloquially as The Cape ( af, Die Kaap), was a province in the Union of South Africa and subsequen ...
. (This Senator was removed in 1970). # Four Senators to represent
South West Africa South West Africa ( af, Suidwes-Afrika; german: Südwestafrika; nl, Zuidwest-Afrika) was a territory under South African administration from 1915 to 1990, after which it became modern-day Namibia. It bordered Angola (Portuguese colony before 1 ...
(SWA). Two were nominated by the State President and two were elected jointly by the Legislative Assembly of South West Africa and the six members of the House of Assembly elected from SWA. (These Senators were removed in 1977.) Elected Senators held office for a term of five years, while nominated Senators held office until a change of government in which a new Prime Minister was appointed. The whole Senate could also be dissolved within 120 days after the dissolution of the House of Assembly. The Senate was permanently abolished in 1981 and replaced by the
President's Council 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 Commonweal ...
. Bills passed by both Houses of Parliament would become law when assented to by the State President (on the advice of the cabinet), and if he refused assent he could return the bill to Parliament with proposed amendments. Once assented to, no court had the power to
review A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a rating to indi ...
the validity of an Act of Parliament unless it affected one of the
entrenched clause An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the ...
s of the constitution.


Provinces

The provincial governments were continued essentially unchanged. The Administrator of each province was appointed for a five-year term by the State President. The provincial council was elected by
white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White ...
voters from single-member electoral divisions using
first-past-the-post voting In a first-past-the-post electoral system (FPTP or FPP), formally called single-member plurality voting (SMP) when used in single-member districts or informally choose-one voting in contrast to ranked voting, or score voting, voters cast the ...
. In the
Cape A cape is a clothing accessory or a sleeveless outer garment which drapes the wearer's back, arms, and chest, and connects at the neck. History Capes were common in medieval Europe, especially when combined with a hood in the chaperon. Th ...
and Transvaal, the provincial councils consisted of the same number of members as the number of members of the House of Assembly elected from the province, elected from the same electoral divisions. In Natal and the
Orange Free State The Orange Free State ( nl, Oranje Vrijstaat; af, Oranje-Vrystaat;) was an independent Boer sovereign republic under British suzerainty in Southern Africa during the second half of the 19th century, which ceased to exist after it was defeat ...
, which each elected less than twenty-five members of the House of Assembly, the provincial councils consisted of twenty-five members. The provincial council elected four members who, with the Administrator, formed an Executive Council for the province.


Other provisions

While the South Africa Act had made English and Dutch the official languages of South Africa, with Dutch defined to include Afrikaans under the Official Languages of the Union Act in 1925, the 1961 Constitution made English and Afrikaans the official languages and defined Afrikaans to include Dutch.''Mixed Jurisdictions Worldwide: The Third Legal Family''
Vernon V. Palmer, Cambridge University Press, 2001, page 141 This clause was entrenched by the requirement that it could only be amended by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
of two-thirds of Senators and members of the House of Assembly sitting together in
joint session A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose. Most often it refers to when both houses of a bicamer ...
.


See also

*
South African republic referendum, 1960 A referendum on becoming a republic was held in South Africa on 5 October 1960. The Afrikaner-dominated right-wing National Party, which had come to power in 1948, was avowedly republican, and regarded the position of Queen Elizabeth II as h ...


Footnotes


External links

* {{Apartheid legislation navbox 1961 documents 1961 in South Africa 1961 in South African law Historical constitutions of South Africa Repealed South African legislation Republicanism in South Africa South Africa and the Commonwealth of Nations