9 Edward VII.
Chapter 9.
An Act to constitute the Union of South Africa.
[20th September, 1909.]
W hereas it is desirable for the welfare and future progress of South Africa that the several British Colonies therein should be united under one Government in a legislative union under the Crown of Great Britain and Ireland:
And whereas it is expedient to make provision for the union of the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony on terms and conditions to which they have agreed by resolution of their respective Parliaments, and to define the executive, legislative, and judicial powers to be exercised in the government of the Union:
And whereas it is expedient to make provision for the establishment of provinces with powers of legislation and administration in local matters and in such other matters as may be specially reserved for provincial legislation and administration:
And whereas it is expedient to provide for the eventual admission into the Union or transfer to the Union of such parts of South Africa as are not originally included therein:
Be it therefore enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Short title.
This Act may be cited as the South Africa Act, 1909.
Definitions.
In this Act, unless it is otherwise expressed or implied, the words the Union shall be taken to mean the Union of South Africa as constituted under this Act, and the words Houses of Parliament, House of Parliament, or Parliament, shall be taken to mean the Parliament of the Union.
Application of Act to Kings successors.
The provisions of this Act referring to the King shall extend to His Majestys heirs and successors in the sovereignty of the United Kingdom of Great Britain and Ireland.
Proclamation of Union.
It shall be lawful for the King, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony, hereinafter called the Colonies, shall be united in a legislative union under one Government under the name of the Union of South Africa. 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 Governor-General for the Union.
Commencement of Act.
The provisions of this Act shall, unless it is otherwise expressed or implied, take effect on and after the day so appointed.
Incorporation of Colonies into the Union.
The Colonies mentioned in section four shall become original provinces of the Union under the names of Cape of Good Hope, Natal, Transvaal, and Orange Free State, as the case may be. The original provinces shall have the same limits as the respective Colonies at the establishment of the Union.
Application of 58 & 59 Vict., c. 34, etc.
Upon any Colony entering the Union, the Colonial Boundaries Act, 1895, and every other Act applying to any of the Colonies as being self-governing Colonies or Colonies with responsible government, shall cease to apply to that Colony, but as from the date when this Act takes effect every such Act of Parliament shall apply to the Union.
Part III.
Executive Government.
Executive power.
The Executive Government of the Union is vested in the King, and shall be administered by His Majesty in person or by a Governor-General as his representative.
Governor-General.
The Governor-General shall be appointed by the King, and shall have and may exercise in the Union during the Kings pleasure, but subject to this Act, such powers and functions of the King as His Majesty may be pleased to assign to him.
Salary of Governor-General.
There shall be payable to the King out of the Consolidated Revenue Fund of the Union for the salary of the Governor-General an annual sum of ten thousand pounds. The salary of the Governor-General shall not be altered during his continuance in office.
Application of Act to Governor-General.
The provisions of this Act relating to the Governor-General extend and apply to the Governor-General for the time being or such person as the King may appoint to administer the government of the Union. The King may authorize the Governor-General to appoint any person to be his deputy within the Union during his temporary absence, and in that capacity to exercise for and on behalf of the Governor-General during such absence all such powers and authorities vested in the Governor-General as the Governor-General may assign to him, subject to any limitations expressed or directions given by the King; but the appointment of such deputy shall not affect the exercise by the Governor-General himself of any power or function.
Executive Council.
There shall be an Executive Council to advise the Governor-General in the government of the Union, and the members of the council shall be chosen and summoned by the Governor-General and sworn as executive councillors, and shall hold office during his pleasure.
Meaning of Governor-General-in-Council.
The provisions of this Act referring to the Governor-General-in-Council shall be construed as referring to the Governor-General acting with the advice of the Executive Council.
Appointment of ministers.
The Governor-General may appoint officers not exceeding ten in number to administer such departments of State of the Union as the Governor-General-in-Council may establish; such officers shall hold office during the pleasure of the Governor-General. They shall be members of the Executive Council and shall be the Kings Ministers of State for the Union. After the first general election of members of the House of Assembly, as herein after provided, no minister shall hold office for a longer period than three months unless he is or becomes a member of either House of Parliament.
Appointment and removal of officers.
The appointment and removal of all officers of the public service of the Union shall be vested in the Governor-General-in-Council, unless the appointment is delegated by the Governor-General-in-Council or by this Act or by a law of Parliament to some other authority.
Transfer of executive powers to Governor-General-in-Council.
All powers, authorities, and functions which at the establishment of the Union are in any of the Colonies vested in the Governor or in the Governor-in-Council, or in any authority of the Colony, shall, as far as the same continue in existence and are capable of being exercised after the establishment of the Union, be vested in the Governor-General or in the Governor-General-in-Council, or in the authority exercising similar powers under the Union, as the case may be, except such powers and functions as are by this Act or may by a law of Parliament be vested in some other authority.
