97-553: The Asiatic Land Tenure and Indian Representation Act, 1946 (Act No. 28 of 1946; subsequently renamed the Asiatic Land Tenure Act, 1946 , and also known as the "Ghetto Act") of South Africa sought to confine Asian ownership and occupation of land to certain clearly defined areas of towns. The Act also prohibited Asians from owning or occupying property without a permit when such property had not been owned or occupied by Asians before 1946. Furthermore, it granted Indians in
194-749: A German colony , except for Walvis Bay and the Offshore Islands which remained part of the Cape, outside of German control. Following the outbreak of the First World War in 1914, the Union of South Africa occupied and annexed the German colony of German South West Africa . With the establishment of the League of Nations and cessation of the war, South Africa obtained a Class C Mandate to administer South West Africa "under
291-536: A Trusteeship agreement instead. This invitation was in turn rejected by the Union, which subsequently did not modify the administration of South West Africa and continued to adhere to the original mandate. This caused a complex set of legal wranglings that were not finalised when the Union was replaced with the Republic of South Africa. In 1949, the Union passed a law bringing South West Africa into closer association with it including giving South West Africa representation in
388-601: A constitutional convention , which "has always been treated in practice as though it were a binding requirement". The convention was then adopted by every country that subsequently gained its independence from Britain and became a Commonwealth realm. During the abdication crisis in 1936, British Prime Minister Stanley Baldwin consulted the Commonwealth prime ministers at the request of King Edward VIII . The King wanted to marry Wallis Simpson , whom Baldwin and other British politicians considered unacceptable as Queen, as she
485-722: A consequence of the statute's adoption, the Parliament of Canada gained the ability to abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, while civil appeals continued until 1949. The passage of the Statute of Westminster meant that changes in British legislation governing the succession to the throne no longer automatically applied to Canada. The Irish Free State never formally adopted
582-596: A separate colony and 40.6% in favour of joining the Union of South Africa. The inhospitable coast of what is now the Republic of Namibia remained uncolonised up until the end of the 19th century. From 1874, the leaders of several indigenous peoples, notably Maharero of the Herero nation, approached the Cape Parliament to the south. Anticipating invasion by a European power and already suffering Portuguese encroachment from
679-521: A sovereign nation. It removed what remaining authority Whitehall had to legislate for South Africa, as well as any nominal role that the United Kingdom had in granting Royal Assent . The governor-general was now required to sign or veto bills passed by Parliament, without the option of seeking advice from London. The monarch was represented in South Africa by a governor-general , while effective power
776-487: A whole only with Australia's request and consent. Nonetheless, under section 9 of the statute, on matters not within Commonwealth power Britain could still legislate with effect in all or any of the Australian states, without the agreement of the Commonwealth although only to the extent of "the constitutional practice existing before the commencement" of the statute. However, this capacity had never been used. In particular, it
873-421: Is a stub . You can help Misplaced Pages by expanding it . This legislation article is a stub . You can help Misplaced Pages by expanding it . Union of South Africa The Union of South Africa ( Dutch : Unie van Zuid-Afrika ; Afrikaans : Unie van Suid-Afrika ; pronunciation ) was the historical predecessor to the present-day Republic of South Africa . It came into existence on 31 May 1910 with
970-851: Is a status of co-equality with Britain within the British Commonwealth. The second Article of the Constitution of the Free State", he added, "declares that 'All powers of Government and all authority, legislative, executive and judicial, in Ireland are derived from the people of Ireland' ". Motions of approval of the Report of the Commonwealth Conference had been passed by the Dáil and Seanad in May 1931 and
1067-676: Is thought that about 6,000 Indians marched in protest to the Act in Durban , South Africa. The sections of the act granting representation in Parliament and the provincial council were repealed by the Asiatic Laws Amendment Act, 1948 . The rest of the act was repealed by the Abolition of Racially Based Land Measures Act, 1991 . This article related to Apartheid legislation in South Africa
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#17328551836231164-602: The Balfour Declaration of 1926 . The main effect was the removal of the ability of the British parliament to legislate for the Dominions, part of which also required the repeal of the Colonial Laws Validity Act 1865 in its application to the Dominions. King George V expressed his desire that the laws of royal succession be exempt from the statute's provisions, but it was determined that this would be contrary to
1261-512: The Balfour declaration that dominions were equal in status to one another and to the United Kingdom. Further conferences in 1929 and 1930 worked out a substantive framework to implement this declaration. This became the Statute of Westminster 1931. The Statute of Westminster gave effect to certain political resolutions passed by the Imperial Conferences of 1926 and 1930 ; in particular,
1358-602: The British Parliament in December 1931, which repealed the Colonial Laws Validity Act and implemented the Balfour Declaration 1926 , had a profound impact on the constitutional structure and status of the Union. The most notable effect was that the South African Parliament was released from many restrictions concerning the handling of the so-called "native question". However, the repeal was not sufficient to enable
1455-480: The British Parliament 's adoption of the South Africa Act , which ratified the Union. The four colonies that would become South Africa were represented, along with a delegation from Rhodesia . The 33 delegates assembled behind closed doors, in the fear that a public affair would lead delegates to refuse compromising on contentious areas. The delegates drew up a constitution that would, subject to some amendments by
1552-632: The Canadian constitution —were excluded from the application of the statute because of disagreements between the Canadian provinces and the federal government over how the British North America Acts could be otherwise amended. These disagreements were resolved only in time for the passage of the Canada Act 1982 , thus completing the patriation of the Canadian constitution to Canada. At that time,
1649-669: The Commonwealth , unlike the Afrikaans-speaking National Party , which had held anti-British sentiments and was opposed to South Africa's intervention in the Second World War . Some Nationalist organisations, like the Ossewabrandwag , were openly supportive of Nazi Germany during the Second World War . Most English-speaking South Africans were opposed to the creation of a republic , many of them voting "no" in
1746-541: The Constitution (Amendment No. 27) Act 1936 , passed on 11 December 1936. The following day, the External Relations Act provided for the king to carry out certain diplomatic functions, if authorised by law; the same act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). A new Constitution of Ireland , with a president, was approved by Irish voters in 1937, with
1843-560: The Free State election of 1932 on a platform of republicanising the Free State from within. Upon taking office, de Valera began removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance . De Valera initially considered invoking the Statute of Westminster in making these changes, but John J. Hearne advised him not to. Abolishing the Oath of Allegiance in effect abrogated
1940-786: The Kingdom of Portugal or the German Empire . In response, the Cape Parliament appointed a special Commission under William Palgrave , to travel to the territory between the Orange and Cunene rivers and to confer with these leaders regarding accession to the Cape. In the negotiations with the Palgrave Commission , some indigenous nations such as the Damara and the Herero responded positively (October 1876), other reactions were mixed. Discussions regarding
2037-434: The Second World War ; the adoption was backdated to 3 September 1939, the date that Britain and Australia joined the war. Adopting section 2 of the statute clarified that the Parliament of Australia was able to legislate inconsistently with British legislation, adopting section 3 clarified that it could legislate with extraterritorial effect. Adopting section 4 clarified that Britain could legislate with effect on Australia as
SECTION 20
#17328551836232134-531: The South African Defence Force (SADF). [REDACTED] Wikimedia Atlas of Union of South Africa 30°S 25°E / 30°S 25°E / -30; 25 Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions (now called Commonwealth realms ) and
2231-658: The Transvaal and Natal the right to elect Whites to represent them in Parliament and for Natal Indians to represent themselves in the Natal Provincial Council . The Act deprived the Asian South Africans of communal representation and took away their fundamental and elementary right of land ownership and occupation. It is called and regarded universally by Indian people as the " Ghetto Act". The act struck at
2328-624: The United States in the late 18th century, whereafter British attention turned towards Australia and Asia. British policy with regards to the colonies began to be rationalized and streamlined in the 19th century. Responsible government , wherein colonial governments were held accountable to legislatures just as the British cabinet was responsible to the British Parliament, was granted to colonies beginning with Nova Scotia in 1848. Confusion existed as to what extent British legislation applied to
2425-514: The 1921 treaty. Generally, the British thought that this was morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore , a Southern Unionist from County Donegal , challenged the legality of the abolition in the Irish Free State's courts and then appealed to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State had also abolished
2522-592: The 20th century. Dominions did not possess full sovereignty on an equal footing with the United Kingdom. The parliament of Canada passed a law barring appeals from its Supreme Court to the imperial Judicial Committee of the Privy Council in 1888, but in 1925 a judgement of the Privy Council determined that this law was invalid . Combined with the King–Byng affair the following year, this bred resentment in Canada and led to its insistence on full sovereignty. The leadership of
2619-511: The 5 October 1960 referendum . But due to the much larger number of Afrikaans-speaking voters, the referendum passed, leading to the establishment of a republic on 31 May 1961. The government led by the National Party consequently withdrew South Africa from the Commonwealth. Following the results of the referendum, some whites in Natal, which had an English-speaking majority, called for secession from
2716-572: The Australian states . This statute limited the legislative authority of the British parliament over Canada, effectively giving the country legal autonomy as a self-governing Dominion, though the British parliament retained the power to amend Canada's constitution at the request of Canada. That authority remained in effect until the Constitution Act, 1982 , which transferred it to Canada, the final step to achieving full sovereignty. The British North America Acts —the written elements (in 1931) of
2813-454: The Boer republics. Numerous Boer soldiers refused to surrender and took to the countryside to carry out guerrilla operations against the British, who responded by implementing scorched earth tactics. These tactics included interning Afrikaner civilians from the Boer republics in concentration camps (in which roughly 28,000 people died) and destroying homesteads owned by Afrikaners to flush out
2910-476: The British Parliament before it could become part of Canada's laws and affect the line of succession in Canada. The text of the British act states that Canada requested and consented (the only Dominion to formally do both ) to the act applying in Canada under the Statute of Westminster, while Australia, New Zealand, and the Union of South Africa simply assented. In February 1937, the South African Parliament formally gave its assent by passing His Majesty King Edward
3007-535: The British government, become the South Africa Act. This was South Africa's constitution between 1910 and 1961, when the country became a republic under the Constitution of 1961 . In 1922 the colony of Southern Rhodesia had a chance (but ultimately rejected) to join the Union through a referendum . The referendum resulted from the fact that by 1920 British South Africa Company rule in Southern Rhodesia
Asiatic Land Tenure and Indian Representation Act, 1946 - Misplaced Pages Continue
3104-606: The Crown . Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom . It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became a statutory embodiment of the principles of equality and common allegiance to
3201-635: The Crown set out in the Balfour Declaration of 1926 . As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it was a crucial step in the development of the Dominions as separate, independent, and sovereign states. Its modified versions are now domestic law in Australia and Canada ; it has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms . England, and Britain after 1707 , had colonies outside of Europe since
3298-564: The Eighth's Abdication Act, 1937 , which declared that Edward VIII had abdicated on 10 December 1936; that he and his descendants, if any, would have no right of succession to the throne; and that the Royal Marriages Act 1772 would not apply to him or his descendants, if any. The move was largely done for symbolic purposes, in an attempt by Prime Minister J. B. M. Hertzog to assert South Africa's independence from Britain. In Canada,
3395-605: The Executive Council would not amend the legislation unilaterally. The other Dominions backed Cosgrave and, when an amendment to similar effect was proposed at Westminster by John Gretton , parliament duly voted it down. When the statute became law in the UK, Patrick McGilligan , the Free State Minister for External Affairs , stated: "It is a solemn declaration by the British people through their representatives in Parliament that
3492-508: The Free State's Vice-President of the Executive Council , declared that "Ireland secured by that 'surrender' [the Treaty] a constitutional status equal to that of Canada. 'Canada,' said the late Mr. Bonar Law ,' is by the full admission of British statesmen equal in status to Great Britain and as free as Great Britain'. The constitutional status of Ireland, therefore, as determined by the Treaty of 1921,
3589-580: The Imperial Parliament to extend to that colony. This had the dual effect of granting colonies autonomy within their borders while subordinating them to the British Parliament otherwise. Most of the remaining colonies in North America ;– everything north of the United States with the exception of Newfoundland – were merged into a federal polity known as "Canada" in
3686-517: The Irish Free State becoming simply "Ireland", or, in the Irish language , Éire . The head of state of Ireland remained unclear until 1949 , when Ireland unambiguously became a republic outside the Commonwealth of Nations by enacting The Republic of Ireland Act 1948 . In some countries where the Statute of Westminster forms a part of the constitution, the anniversary of the date of the passage of
3783-473: The Irish Free State, meanwhile, was dominated by those who had fought a war of independence against Britain and who had agreed to dominion status as a compromise; they took a maximalist view of the autonomy they had secured in the Anglo-Irish Treaty and pushed for recognition of their state's sovereignty, which would have implications for the other dominions as well. The 1926 Imperial Conference led to
3880-496: The Parliament of the United Kingdom also repealed ss 4 and 7(1) of the Statute of Westminster as applied to Canada. The Statute of Westminster, as amended, remains a part of the constitution of Canada by virtue of section 52(2)( b ) of and the schedule to the Constitution Act, 1982. The Newfoundland Terms of Union expressly provide for the application of the Statute of Westminster to the province of Newfoundland and Labrador. As
3977-626: The Prime Minister of South Africa, Jan Smuts , eventually offered terms he considered reasonable and which the United Kingdom government found acceptable. Although opinion among the United Kingdom government, the South African government and the British South Africa Company favoured the union option (and none tried to interfere in the referendum), when the referendum was held the results saw 59.4% in favour of responsible government for
Asiatic Land Tenure and Indian Representation Act, 1946 - Misplaced Pages Continue
4074-444: The South African Parliament to ignore the entrenched clauses of its constitution (the South Africa Act ) which led to the coloured-vote constitutional crisis of the 1950s wherein the right of coloureds to vote in the main South African Parliament was removed and replaced with a separate, segregated, and largely powerless assembly. The military of the Union of South Africa was the Union Defence Force (UDF) until 1957, when it became
4171-400: The South African parliament. Walvis Bay , which is now in Namibia , was originally a part of the Union of South Africa as an exclave as it was a part of the Cape Colony at the time of Unification. In 1921, Walvis Bay was integrated with the Class C Mandate over South West Africa for the rest of the Union's duration and for part of the republican era. The Statute of Westminster passed by
4268-440: The Statute of Westminster, especially because of financial troubles and corruption there. By request of the Dominion's government, the United Kingdom established the Commission of Government in 1934, resuming direct rule of Newfoundland. That arrangement remained until Newfoundland became a province of Canada in 1949 following referendums on the issue in 1948 . The Statute of Westminster became applicable to Newfoundland when it
4365-440: The Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 had already ended Westminster's right to legislate for the Irish Free State. The Free State's constitution gave the Oireachtas "sole and exclusive power of making laws". Hence, even before 1931, the Irish Free State did not arrest deserters from the British Army and Royal Air Force on its territory, even though
4462-487: The UK believed post-1922 British laws gave the Free State's Garda Síochána the power to do so. The UK's Irish Free State Constitution Act 1922 said, however, " [n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions". In 1924, Kevin O'Higgins ,
4559-452: The Union and other dominions became equal in status to the United Kingdom, and the Parliament of the United Kingdom could no longer legislate on behalf of them. This had the effect of making the Union and the other dominions de jure sovereign nations. The Status of the Union Act , passed by the South African Parliament in 1934, incorporated the applicable portions of the Statute of Westminster into South African law, underscoring its status as
4656-414: The Union. Five years earlier, some 33,000 Natalians had signed the Natal Covenant in opposition to the plans for a republic. Subsequently, the National Party government had passed a Constitution that repealed the South Africa Act . The features of the Union were carried over with very little change to the newly formed Republic. The decision to transform from a Union to Republic was narrowly decided in
4753-452: The United Kingdom, Canada, Australia, and New Zealand over matters of change to the monarchy, though the Statute of Westminster is not part of their laws. Ireland and South Africa are now republics and Newfoundland is now part of Canada as a province. Australia adopted sections 2 to 6 of the Statute of Westminster with the Statute of Westminster Adoption Act 1942 , in order to clarify the validity of certain Australian legislation relating to
4850-433: The administration of South West Africa (now known as Namibia ). South West Africa 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 1931 . It
4947-402: The application of the law to their respective jurisdictions. Section 10 of the statute provided that sections 2 to 6 would apply in the other three Dominions—Australia, New Zealand , and Newfoundland – only after the respective parliament of that Dominion had legislated to adopt them. Since 1931, over a dozen new Commonwealth realms have been created, all of which now hold the same powers as
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#17328551836235044-410: The colonial empire found just". Several previous unsuccessful attempts to unite the colonies were made, with proposed political models ranging from unitary , to loosely federal . Sir George Grey , the Governor of Cape Colony from 1854 to 1861, decided that unifying the states of southern Africa would be mutually beneficial. The stated reasons were that he believed that political divisions between
5141-404: The colonies; in South Australia , justice Benjamin Boothby caused a nuisance by striking down several local laws as contrary ("repugnant") to the legislation in Britain. Westminster rectified this situation by passing the Colonial Laws Validity Act 1865 , which allowed the colonies to pass legislation different from that in Britain provided that it was not repugnant to any law expressly passed by
5238-406: The enactment thereof. It also provides in section 2(1): No law and no provision of any law made after the commencement of this Act by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the Law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and
5335-399: The end of his tenure and, having little experience of southern Africa, he preferred to enforce the more familiar model of confederation used in Canada. He pushed ahead with his Confederation plan, which unraveled as predicted, leaving a string of destructive wars across southern Africa. These conflicts eventually fed into the first and second Anglo-Boer Wars , with far-reaching consequences for
5432-420: The entrenched sections of franchise and language, the courts were unable to intervene in Parliament's decisions. Pretoria was the seat of government, while the Parliament sat in Cape Town and the Appellate Division in Bloemfontein . The Union initially remained under the British Crown as a self-governing dominion of the British Empire . With the passage of the Statute of Westminster in 1931,
5529-402: The federal Parliament passed the Succession to the Throne Act, 1937 , to assent to His Majesty's Declaration of Abdication Act and ratify the government's request and consent to it. In the Irish Free State , Prime Minister Éamon de Valera used the departure of Edward VIII as an opportunity to remove all explicit mention of the monarch from the Constitution of the Irish Free State , through
5626-514: The final act of Union in 1909. A crucial difference was that the Cape's liberal constitution and multiracial franchise were to be extended to the other states of the union. These smaller states would gradually accede to the much larger Cape Colony through a system of treaties, whilst simultaneously gaining elected seats in the Cape parliament . The entire process would be locally driven, with Britain's role restricted to policing any set-backs. While subsequently acknowledged to be more viable, this model
5723-470: The final form of the Statute of Westminster included the Irish Free State among the Dominions the British Parliament could not legislate for without the Dominion's request and consent. Originally, the UK government had wanted to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State's constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objected, although he promised that
5820-427: The gold and diamond mines there and highly protective of its own citizens, demanded reforms, which the Afrikaners rejected. A small-scale private British effort to overthrow Transvaal's President Paul Kruger , the Jameson Raid of 1895, proved a fiasco, and presaged full-scale conflict as diplomatic efforts all failed. The Second Boer War started on 11 October 1899 and ended on 31 May 1902. The United Kingdom gained
5917-625: The guerillas and deny them a base of civilian support. Using these tactics combined with a system of blockhouses and barriers to seal off Boer holdouts, the British were able to gradually track down and defeat the guerillas. In the 1902 Treaty of Vereeniging , the British formally annexed the Boer republics into the Cape Colony , ending the war. The National Convention was a constitutional convention held between 1908 and 1909 in Durban (12 October to 5 November 1908), Cape Town (23 November to 18 December 1908, 11 January to 3 February 1909) and Bloemfontein (3 to 11 May 1909). This convention led to
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#17328551836236014-400: The heart of Indian commercial and economic life. Not only did it intend to reduce the levels of Indian trade and reduce progress in the acquisition of fixed property, it also is thought to have reduced the opportunities of the masses of the Indian people to earn a decent living and ultimately condemn them to existence in increasingly over-crowded slums and locations. Thus on 31 March 1948, it
6111-441: The idea in principle and the Transvaal may also eventually have agreed. However, he was overruled by the British Colonial Office which ordered him to desist from his plans. His refusal to abandon the idea eventually led to him being recalled. In the 1870s, the London Colonial Office, under Secretary for the Colonies Lord Carnarvon , decided to apply a system of confederation onto southern Africa. On this occasion, however, it
6208-556: The last months of 1899, Boer forces launched the first attacks of the war, besieging the British-held settlements of Ladysmith , Kimberley and Mafeking , and winning several engagements against British troops at Colenso , Magersfontein and Stormberg . However, by the next year the British soon organised an effective response to these attacks, lifting the three sieges and winning several battles against Boer forces. The British, now deploying approximately 400,000 soldiers from across their colonial empire, successfully invaded and occupied
6305-500: The late 16th century. These early colonies were largely run by private companies rather than the Crown directly, but by the end of the century had ( except for India ) been subsumed under Crown control. Oversight of these colonies oscillated between relatively lax enforcement of laws and centralisation of power depending on the politics of the day, but the Parliament in Westminster always remained supreme. Most colonies in North America broke away from British rule and became independent as
6402-409: The late 1860s and early 1870s. Canada was termed a " dominion ", a term previously used in slightly different contexts in English history, and granted a broad array of powers between the federal government and the provincial governments. Australia was similarly deemed a dominion when it federated in 1901 , as were Newfoundland, New Zealand, South Africa, and the Irish Free State in the first decades of
6499-400: The law of each Dominion. For expediency and to avoid embarrassment, the British government had suggested the Dominion governments regard whoever is monarch of the UK to automatically be their monarch, but the Dominions rejected this. Prime Minister of Canada William Lyon Mackenzie King pointed out that the Statute of Westminster required Canada's request and consent to any legislation passed by
6596-415: The laws of the mandatory (South Africa) as integral portions of its territory". Subsequently, the Union of South Africa generally regarded South West Africa as a fifth province, although this was never an official status. With the creation of the United Nations , the Union applied for the incorporation of South West Africa, but its application was rejected by the U.N., which invited South Africa to prepare
6693-450: The magisterial structure for the area's political integration into the Cape dragged on until, from 1876, it was blocked by Britain. Britain relented, insofar as allowing the Cape to incorporate Walvis Bay as an exclave, which was brought under the magisterial district of Cape Town , but when the Germans established a protectorate over the area in 1884, South West Africa was predominantly autonomous. Thereafter, South West Africa became
6790-405: The members of the Commonwealth in relation to one another that any alteration in the law touching the succession to the throne or the royal style and titles shall hereafter require the assent as well of the parliaments of all the Dominions as of the Parliament of the United Kingdom: Though a preamble is not considered to have the force of statute law, that of the Statute of Westminster has come to be
6887-412: The name of the Crown. An entrenched clause in the Constitution mentioned Dutch and English as official languages of the Union, but the meaning of Dutch was changed by the Official Languages of the Union Act, 1925 to include both Dutch and Afrikaans. Most English-speaking whites in South Africa supported the United Party of Jan Smuts , which favoured close relations with the United Kingdom and
6984-523: The north and Afrikaner encroachment from the south, these leaders approached the Cape Colony government to discuss the possibility of accession and the political representation it would entail. Accession to the Cape Colony, a self-governing state with a system of multi-racial franchise and legal protection for traditional land rights, was at the time considered marginally preferable to annexation by either
7081-411: The onset of the war, the British were both overconfident about the chances of success in a military confrontation with the Boer republics and underprepared for a long-term conflict. British Prime Minister Lord Salisbury and members of his cabinet , in particular Colonial Secretary Joseph Chamberlain , ignored repeated warnings that Boer forces were more powerful than previous reports had suggested. In
7178-448: The powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years." He went on to present the statute as largely the fruit of the Free State's efforts to secure for the other Dominions the same benefits it already enjoyed under the treaty. The Statute of Westminster had the effect of granting the Irish Free State internationally recognised independence. Éamon de Valera led Fianna Fáil to victory in
7275-497: The powers of the Parliament of a Dominion shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of the Dominion. The whole statute applied to the Dominion of Canada , the Irish Free State , and the Union of South Africa without the need for any acts of ratification; the governments of those countries gave their consent to
7372-463: The principles of equality set out in the Balfour Declaration. Both Canada and the Irish Free State pushed for the ability to amend the succession laws themselves and section 2(2) (allowing a Dominion to amend or repeal laws of paramount force, such as the succession laws, insofar as they are part of the law of that Dominion) was included in the Statute of Westminster at Canada's insistence. After
7469-598: The referendum. The decision together with the South African Government's insistence on adhering to its policy of apartheid resulted in South Africa's de facto expulsion from the Commonwealth of Nations . The South Africa Act dealt with race in two specific provisions. First it entrenched the liberal (by South African standards) Cape Qualified Franchise system of the Cape Colony which operated free of any racial considerations (although due to socio-economic restrictions no real political expression of non-whites
7566-581: The right of appeal to the JCPC. In 1935, the JCPC ruled that both abolitions were valid under the Statute of Westminster. The Irish Free State, which in 1937 was renamed Ireland , left the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948 . The Parliament of New Zealand adopted the Statute of Westminster by passing its Statute of Westminster Adoption Act 1947 in November 1947. The New Zealand Constitution Amendment Act , passed
7663-495: The rules of succession to the Crown . The second paragraph of the preamble to the statute reads: And whereas it is meet and proper to set out by way of preamble to this act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations , and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all
7760-589: The same year, empowered the New Zealand Parliament to change the constitution, but did not remove the ability of the British Parliament to legislate regarding the New Zealand constitution. The remaining role of the British Parliament was removed by the New Zealand Constitution Act 1986 and the Statute of Westminster was repealed in its entirety. The Dominion of Newfoundland never adopted
7857-476: The statute was passed, the British parliament could no longer make laws for the Dominions, other than with the request and consent of the government of that Dominion. The statute provides in section 4: No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to,
7954-587: The subcontinent. After the discovery of gold in the 1880s, thousands of British immigrants flocked to the gold mines of the Transvaal Republic and the Orange Free State . The newly arrived miners, though needed for the mines, were distrusted by the politically dominant Afrikaners, who called them " uitlanders ", imposed heavy taxes on them and granted them very limited civil rights, with no right to vote. The British government, interested in profiting from
8051-541: The support of its Cape Colony, of its Colony of Natal and of some African allies. Volunteers from across the British Empire further supplemented the British war effort. All other nations remained neutral, but public opinion in them was largely hostile to Britain. Inside Britain and its Empire there was also significant opposition to the Second Boer War , spearheaded by anti-war activists such as Emily Hobhouse . At
8148-607: The unification of the Cape , Natal , Transvaal , and Orange River colonies. It included the territories that were formerly 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 mandated by the League with
8245-402: The way it was imposed from outside without understanding of local issues. The Confederation model was also seen as unsuitable for the disparate entities of southern Africa , with their wildly different sizes, economies and political systems. The Molteno Unification Plan (1877), put forward by the Cape government as a more feasible unitary alternative to confederation , largely anticipated
8342-412: The white-controlled states "weakened them against the natives", threatened an ethnic divide between British and Boer, and left the Cape vulnerable to interference from other European powers. He believed that a united "South African Federation", under British control, would resolve all three of these concerns. His idea was greeted with cautious optimism in southern Africa; the Orange Free State agreed to
8439-585: Was admitted to Canada. Although the Union of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, two laws—the Status of the Union Act, 1934 , and the Royal Executive Functions and Seals Act of 1934—were passed to confirm South Africa's status as a fully sovereign state. The preamble to the Statute of Westminster sets out a guideline for changing
8536-409: Was also rejected by the Dominions. All of these negotiations occurred at a diplomatic level and never went to the Commonwealth parliaments. The enabling legislation that allowed for the actual abdication ( His Majesty's Declaration of Abdication Act 1936 ) did require the assent of each Dominion parliament to be passed and the request and consent of the Dominion governments so as to allow it to be part of
8633-469: Was an American divorcée. Baldwin was able to get the then-five Dominion prime ministers to agree with this and, thus, register their official disapproval at the King's planned marriage. The King later requested the Commonwealth prime ministers be consulted on a compromise plan, in which he would wed Simpson under a morganatic marriage , pursuant to which she would not become queen. Under Baldwin's pressure, this plan
8730-474: Was created, consisting of the House of Assembly and Senate , with members of the parliament being elected mostly by the country's white minority. During the course of the Union, the franchise changed on several occasions always to suit the needs of the government of the day. Parliamentary sovereignty was a convention of the constitution, inherited from the United Kingdom; save for procedural safeguards in respect of
8827-423: Was exercised by the Executive Council, headed by the prime minister . Louis Botha , formerly a Boer general, was appointed first prime minister of the Union, heading a coalition representing the white Afrikaner and English-speaking British diaspora communities. Prosecutions before courts were instituted in the name of the Crown (cited in the format Rex / Regina v Accused ) and government officials served in
8924-551: Was governed under a form of constitutional monarchy , with the Crown being represented by a governor-general. The Union came to an end with the enactment of the constitution of 1961 , by which it became a republic and left the Commonwealth of Nations . The Republic of South Africa rejoined the Commonwealth on 1 June 1994. The Union of South Africa was a unitary state , rather than a federation like Canada and Australia, with each colony's parliaments being abolished and replaced with provincial councils . A bicameral parliament
9021-443: Was largely rejected by southern Africans, primarily due to its very bad timing. The various component states of southern Africa were still simmering after the last bout of British expansion, and inter-state tensions were high. The Orange Free State this time refused to even discuss the idea, and Prime Minister John Molteno of the Cape Colony called the idea badly informed and irresponsible. In addition, many local leaders resented
9118-521: Was no longer practical with many favouring some form of ' responsible government '. Some favoured responsible government within Southern Rhodesia while others (especially in Matabeleland ) favoured membership of the Union of South Africa. Politician Sir Charles Coghlan claimed that such membership with the Union would make Southern Rhodesia the " Ulster of South Africa". Prior to the referendum, representatives of Southern Rhodesia visited Cape Town where
9215-588: Was not used to implement the result of the 1933 Western Australian secession referendum , as it did not have the support of the Australian government. All British power to legislate with effect in Australia ended with the Australia Act 1986 , the British version of which says that it was passed with the request and consent of the Australian Parliament, which had obtained the concurrence of the parliaments of
9312-542: Was possible). The Cape Prime Minister at the time, John X. Merriman , fought hard, but ultimately unsuccessfully, to extend this system of multi-racial franchise to the rest of South Africa. Second it made "native affairs" a matter for the national government. The practice therefore was to establish a Minister of Native Affairs . According to Stephen Howe, "colonialism in some cases—most obviously among white minorities in South Africa — meant mainly that these violent settlers wanted to maintain more racial inequalities than
9409-408: Was rejected at the time by London. At the other extreme, another powerful Cape politician at the time, Saul Solomon , proposed an extremely loose system of federation, with the component states preserving their very different constitutions and systems of franchise. Lord Carnarvon rejected the (more informed) local plans for unification, as he wished to have the process brought to a conclusion before
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