National Assembly of South Africa

“ Amendment of section 52 of South Africa Act, 1909. 1. Section fifty-two of the South Africa Act, 1909, is hereby amended by the insertion in the proviso thereto after the word “Parliament” of the words “and every member of either House of Parliament holding office as a deputy to any Minister of State”.
Short title. 2. This Act shall be called the South Africa Act Amendment Act, 1959. ”

“ The constitution creates for South Africa a union entirely different from that of the provinces of Canada or the States of the American Republic. The government is not federal, but unitary. The provinces become areas of local governments, with local elected councils to administer them, but the South-African Parliament reigns supreme. It is to know nothing of the nice division of jurisdiction set up by the American constitution and by the British North America Act. ”

“ In the case of a money bill rejected by the Senate a joint sitting to decide its fate may be held in the same session in which the Senate has failed to pass the bill. Every minister of state may sit and speak in either house, but can vote only in the house of which he is a member. Re-election is not necessary on the appointment of a member as a minister of state. Members of parliament are paid £400 a year, £3 being deducted from this allowance for every day's absence during the session.
A Supreme Court of Judicature for South Africa was created at the establishment of the Union. ”

“ Twenty years later, when the population had greatly increased and the demand for representative institutions could no longer be resisted, a regular two-chambered legislature was set up, consisting of a Legislative Council and a House of Assembly, both elected on a wide franchise, with no distinction of race or colour, though of course the coloured voters were comparatively few, because the tribal Kafirs living under their chiefs were excluded, while of other blacks there was only a small proportion who held property even to the limited extent required for the suffrage. ”

“ Let us stand manfully by one another. The danger has not yet disappeared; on the contrary, never has the necessity for a policy of a Colonial and Republican Union been greater; now the psychological moment has arrived; now our people have awakened all over South Africa; a new glow illuminates our hearts; let us now lay the foundation stone of a real United South Africa on the soil of a pure and all-comprehensive national sentiment. ”

“ Indeed it is obvious that not only the British and Dutch inhabitants of South Africa, but also all responsible politicians and competent publicists in Canada and Australia, are now of opinion that complete solutions of the three South African problems of primary importance—the settlement of the native question, agricultural development, and railway administration—can only be obtained through a Federal Parliament, a body which would combine a detailed knowledge of local conditions with the power of seeing each problem as a whole, and devising a general solution. ”

“ The Constitutional Assembly shall, subject to subsection (3) , appoint an independent panel of five South African citizens being recognised constitutional experts, not being members of Parliament or any other legislature and not holding office in any political party, to advise it, or the Chairperson, on matters pertaining to its functions, and to perform such other tasks as are provided for in this Constitution. ”

“ I know that there is within this Congress a bipartisan commitment to work with the administration, to seek together the modification of policies that are in place right now so that we will at one and the same time develop initiatives that are truly consistent with American principles and values on the one hand, and that will also be equally consistent with American national interests in being identified with the cause of social justice within South Africa. ”

“ They have a slow tenacious intensity, like that of a forest fire, which smoulders long among the prostrate trunks before it bursts into flame. But they are, except when deeply stirred, conservative and slow to move. They dislike change so much as to be unwilling to change their representatives or their ministers. A Cape statesman told me that the Dutch members of the Assembly would often say to him: "We think you wrong in this instance, and we are going to vote against you, but we don't want to turn you out ”

“ Invites Member States to inform the General Assembly at its eighteenth session regarding actions taken, separately or collectively, in dissuading the Government of South Africa from pursuing its policies of apartheid; Requests the Security Council to take appropriate measures, including sanctions, to secure South Africa's compliance with the resolutions of the General Assembly and of the Security Council on this subject and, if necessary, to consider action under Article 6 of the Charter. ”

“ The one exception to this broad division, the one case of self-governing communities in which the majority of the inhabitants are not of European stock, is to be found in South Africa. The general difficulty of adjusting the relations of a higher and a lower race, serious under every kind of government, here presents itself in the special form of the construction of a political system which, while democratic as regards one of the races, cannot safely be made democratic as regards the other. ”

“ A new appeal must, therefore, be made to all right-minded South Africans, irrespective of party or race, to join the new Party, which will be strong enough to safeguard the permanent interests of the Union against the disruptive and destructive policy of the Nationalists. Such a central political party will not only continue our great work of the past, but is destined to play a weighty rôle in the future peaceable development of South Africa. ”

“ In the year 1952 and thereafter at intervals of not less than five years and not more than ten years, the Governor-General shall appoint a delimitation commission consisting of three judges of the Supreme Court of South Africa, which shall divide each province of the Union into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one hundred and fifty as, in terms of the current voters’ lists, duly corrected up to the latest possible date, the number of white voters in the province in question bears to the total number of white voters in the Union. ”

“ The point is well illustrated by looking at the composition of the convention, which, in its sessions at Durban, Cape Town, and Bloemfontein, put together the present constitution. South Africa, from its troubled history, has proved itself a land of strong men. But it was reserved for the recent convention to bring together within the compass of a single council-room the surviving leaders of the period of conflict to work together for the making of a united state. ”

“ In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always —
promote all that will advance the Republic, and oppose all that may harm it; protect and promote the rights of all South Africans ”

“ And a fourth, wishing to excuse any vehement expression he might use, observed: "We have a proverb which says that a man who makes a mistake in a public assembly cannot be killed." In this proverb there is the germ of the English "privilege of Parliament." It is easy to gather from the whole proceedings of these Pitsos how much more popular government has been among the Basutos than it was among the Zulus or Matabili. Tshaka or Lo Bengula would in a moment have had the neck [Pg 340] twisted of any one who ventured to differ publicly from his opinion. ”

“ If I may venture to make a suggestion, the affairs of South Africa should be controlled by a Board or Council, like that which formerly governed India, composed of moderate members of both parties, with an admixture of men possessing practical knowledge of the country. I do not know if any such arrangement would be possible under our constitution, but the present system of government, by which the control of savage races fluctuates in obedience of every variation of English party politics, is most mischievous in its results. ”

“ And whereas in order to secure the achievement of this goal, elected representatives of all the people of South Africa should be mandated to adopt a new Constitution in accordance with a solemn pact recorded as Constitutional Principles ”

“ The love of local independence is strong in South Africa, but might be deferred to and appeased, as is being done in Australia, by appropriate constitutional provisions. So far, no fatal obstacle stands in the way; but a difficulty has been thought to arise from the fact that whereas Cape Colony, Natal, and the other British territories are part of the dominions of the British Crown, the Orange Free State is an independent Republic, and the Transvaal may be so when federation becomes a practical issue. ”

“ Chairman, are two too many-the high cost of apartheid.
The new constitution is an instrument of the politics of exclusion I referred to earlier. Seventy-three percent of South Africa's population, the blacks, have no part in this constitution, which mentions them quite incredibly only once. ”