His Majesty King Edward the Eighth's Abdication Act, 1937 (Act No. 2 of 1937) was an act of the Parliament of South Africa that ratified the

abdication Abdication is the act of formally relinquishing monarchical authority. Abdications have played various roles in the succession procedures of monarchies. While some cultures have viewed abdication as an extreme abandonment of duty, in other societ ...

of King Edward VIII and the succession to the throne of King

George VI George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death in 1952. He was also the last Emperor of I ...

. Although the South African cabinet had assented to the passage of

His Majesty's Declaration of Abdication Act 1936 His Majesty's Declaration of Abdication Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 3) is the Act of Parliament, Act of the Parliament of the United Kingdom that recognised and ratified the abdication of King Edward VIII and passed succession to his broth ...

by the

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 suprema ...

at the time of the abdication in December 1936, the South African act was passed in February 1937 to resolve legal uncertainties. The Statute of Westminster 1931 gave the

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 192 ...

s, including 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, Tran ...

, full legislative independence from the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

, and provided that no act of the British Parliament would apply in a dominion unless the dominion requested and consented that it do so. The preamble of the statute also stated that any changes to the succession to the throne would require the assent of the parliaments of all of the dominions. After Edward signed the Instrument of Abdication on 10 December 1936, the British government communicated with the

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 192 ...

governments, who agreed to the passage of the Abdication Act by the British Parliament. Only the Canadian government formally "requested and consented", however, while the Australian, New Zealand and South African governments merely "assented" to the legislation. The legal position in South Africa was further complicated by the provisions of the Status of the Union Act, 1934. Section two of that act provided that no act of the British parliament would apply in South Africa without an act of the South African parliament making it applicable; this was a stricter requirement than the "request and consent" requirement of the Statute of Westminster. On the other hand, section five of the Status of the Union Act defined the succession to the throne by reference to the law of succession applicable in the United Kingdom. To resolve this confusion, the South African parliament enacted in February 1937 its own Abdication Act. It contained the same provisions as the British act, declaring the accession of George VI to the throne, excluding Edward VIII and his descendants from any right to the throne, and excluding them from the provisions of the

Royal Marriages Act The Royal Marriages Act 1772 (12 Geo 3 c. 11) was an Act of the Parliament of Great Britain which prescribed the conditions under which members of the British royal family could contract a valid marriage, in order to guard against marriages th ...

. However, the South African act declared the abdication and accession to have occurred on 10 December when Edward signed the Instrument of Abdication, rather than 11 December when the Abdication Act had come into force in the UK. It also declared that actions taken in the name of Edward VIII after the abdication but before the passage of the South African act were deemed to be valid. The act was repealed by the

South African Constitution of 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. Leg ...

when South Africa became a republic.

References

External links

* {{Abdication of Edward VIII Abdication of Edward VIII Repealed South African legislation 1937 in South African law Succession acts South Africa and the Commonwealth of Nations