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Senate of South Africa

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The Senate was the upper house of the Parliament of South Africa between 1910 and its abolition from 1 January 1981, and between 1994 and 1997.

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71-724: Under white minority rule in the Union of South Africa , most of the Senators were chosen by an electoral college consisting of members of each of the four provincial councils and Members of the House of Assembly (the lower house of Parliament, directly elected). The remaining Senators were appointed by the Governor-General of the Union on the advice of the Prime Minister . The Senate's presiding officer

142-701: 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

213-536: 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

284-562: A consequence, the Senate was deemed to be redundant and would be dissolved. It was abolished under the terms of the Republic of South Africa Constitution Fifth Amendment Act with effect from 1 January 1981, which established the President's Council from the same date. In 1984, the former Senate chamber was converted for use as the House of Representatives , reserved for Coloureds under the tricameral system. Black South Africans remained excluded from

355-522: A dissolution of the Senate. The new seats were filled by indirect election, the black electors being officeholders such as tribal chiefs and the members of local government bodies. Just before the expiry of the ten-year Senate term, the UP split over the issue of South Africa's participation in the Second World War. The followers of the former Prime Minister J. B. M. Hertzog entered the 1939 Senate election as

426-596: 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

497-656: A separate party, having left the United Party but not yet arranged a merger with the opposition Purified National Party. The provincial electoral colleges met on 17 November 1939. After the election and the filling of the nominated seats , the Senate was left with a pro-war majority. There were 24 pro-government Senators (20 UP including seven nominated members, two Dominion Party and two Labour Party) and 16 opposition Senators (10 supporters of General Hertzog including one nominated member, and 6 Purified National Party). The four Native Representative Senators were also pro-war. After

568-610: A small majority for the South African Party (SAP). When the National Party (NP)-led Pact government took office in 1924, its supporters were therefore in a minority in the Senate. The Senate Act 1926 modified the original constitutional provisions for the Senate. A new power was conferred so that the Governor-General-in-Council could dissolve the whole Senate (vacating both elected and nominated seats), either at

639-407: A ten-year term, by the members serving during the final session of the legislatures of each of the four colonies which joined the Union of South Africa. The election was by a form of the single transferable vote . The remaining eight seats were filled, by appointment (also for ten-year terms) by the Governor-General-in-Council (in effect by General Louis Botha 's first Union government). Section 24 of

710-674: The British Crown as a self-governing dominion of the British Empire . With the passage of the Statute of Westminster in 1931, 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

781-731: 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

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852-480: 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

923-786: 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

994-529: The South African Defence Force (SADF). [REDACTED] Wikimedia Atlas of Union of South Africa 30°S 25°E  /  30°S 25°E  / -30; 25 1939 South African Senate election The election to the fourth Senate of South Africa took place on November 17, 1939, when the Provincial Councils met to each elect eight members of the Senate. After

1065-527: The South African general election, 1948 a Reunited National Party-Afrikaner Party coalition came to power, with minority support in the Senate. The new government used the dissolution power, to trigger a new Senate election. The Senate was dissolved, on 9 July 1948. The eight nominated Senators were appointed on 28 July 1948 and the Electoral Colleges met in the provincial capitals the following day. At

1136-759: The United Party of Jan Smuts , which favoured close relations with the United Kingdom and 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

1207-475: The founding members of the League of Nations . It was mandated by the League with 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

1278-545: The 'reasonable wants and wishes' of non-white South Africans was abolished. The Senate was reduced in size to 54 in 1960 and 53 in 1962 (as the representative of the coloured community retained his seat until 1962). The Senate composition remained unchanged by the declaration of the Republic of South Africa in 1961, except that the State President took over the role of the Governor-General in appointing Senators. Under

1349-504: 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

1420-589: 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

1491-496: The Electoral College. The effect of this was to enable the majority group from each province (NP in all the provinces, except for Natal) to secure all the seats available. In addition Cape Province and Transvaal had their representation increased to 22 and 27 seats respectively. The number of nominated Senators from the Union of South Africa was doubled from eight to sixteen. The representation of South-West Africa and black voters

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1562-465: The Governor-General. The elected senators were chosen by an Electoral College, composed of the members of South West Africa 's Legislative Assembly and the six members of the House of Assembly representing the territory. Of the nominated senators, one was to be selected mainly on the ground of his "thorough acquaintance, by reason of his official experience or otherwise, with the reasonable wants and wishes or

1633-626: 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

1704-531: The SAP formed a coalition in 1933 and fused to form the United Party (UP) in 1934, the government had a large Senate majority. The UP government passed the Representation of Natives Act 1936. This legislation affected the Senate by adding another four Senators to represent the black population of South Africa. The Native Representative Senators were white people, who held office for a fixed term and were not affected by

1775-536: The South Africa Act 1909 provided that, of the nominated Senators, One-half of their number shall be selected on the ground mainly of their thorough acquaintance, by reason of their official experience or otherwise, with the reasonable wants and wishes of the coloured races in South Africa. Casual vacancies in the representation of the provinces, in the First Senate only, were filled by an electoral college composed of

1846-505: 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

1917-551: 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

1988-558: 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 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

2059-527: 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

2130-460: 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

2201-470: The coloured races of the territory". All four Senators chosen on 29 September 1950 were NP supporters. In 1955, Nationalist Prime Minister Johannes Strijdom attempted to amend one of the entrenched clauses in the Constitution, to deprive Coloured people of their voting rights, but his party did not have the constitutionally required two-thirds majority in a joint session of both houses of Parliament. It

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2272-567: The creation of a republic , many of them voting "no" in 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

2343-460: The election and the appointment of eight more Senators by Governor-General Sir Patrick Duncan , the Senate was left with a pro-war majority. There were 24 pro-government Senators (20 United Party including 7 nominated members, 2 Dominion Party and 2 Labour Party) and 16 opposition Senators (10 supporters of General Hertzog including one nominated member, and 6 Purified National Party). The four Native Representative Senators were also pro-war. After

2414-448: 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

2485-435: The end of this process the government had 22 supporters (Reunited National Party 11, Afrikaner Party 2, Independent 1 and the 8 nominated Senators) and the opposition 21 (United Party 15, Labour Party 3, and Native Representatives 3). The fourth Native Representative seat was vacant. The South West Africa Affairs Amendment Act 1949, added four additional members to the Senate, of whom two were to be elected, and two nominated by

2556-560: 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

2627-1096: The former Senate's membership, but changed its legislative and constitutional role. Abbreviations and notes:- Previous Senate dissolved 9 July 1948. Election of ordinary Senators on 29 July 1948 and appointment of nominated Senators on 28 July 1948 (Native representatives unaffected). Notes:- Previous Senate dissolved 4 November 1955. Election of ordinary Senators on 25 November 1955 and appointment of nominated Senators on 6 December 1955 (Native representatives unaffected). Election of ordinary Senators on 26 October 1960 and appointment of nominated Senators on 16 November 1960 (Coloured representative unaffected). Election of ordinary Senators on 26 November 1965 and appointment of nominated Senators 1965. Election of ordinary Senators on 16 November 1970 and appointment of nominated Senators 1970. Election of ordinary Senators on 30 May 1974 and appointment of nominated Senators 1974. Union of South Africa The Union of South Africa ( Dutch : Unie van Zuid-Afrika ; Afrikaans : Unie van Suid-Afrika ; pronunciation )

2698-534: 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

2769-726: 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

2840-688: 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

2911-611: 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

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2982-471: 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

3053-500: 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

3124-420: The members of the relevant Provincial Council. New senators, elected in this way, held the seat for the residue of the ten-year term. Nominated senators, appointed to fill vacancies, received a ten-year term and did not have to vacate their seats at the end of the term for the provincial representatives. The composition, by party, of the provincial representatives in the First Senate included 18 representatives of

3195-530: The name of the Crown (cited in the format Rex / Regina v Accused ) and government officials served in 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

3266-690: 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 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

3337-416: 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

3408-461: The number of nominated senators to be from any particular province. South-West Africa's representation in the South African Parliament was abolished in 1977, to pave the way for independence for the territory. In 1980, Prime Minister P.W Botha began a process of constitutional reform, with the establishment of the President's Council, a 60-seat advisory body with provision for ten Coloureds, five Indians , and one Chinese , but no black members. As

3479-411: 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

3550-514: The option of seeking advice from London. The monarch was represented in South Africa by a governor-general , while effective power 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

3621-490: The ordinary provisions for senate elections in the South Africa Act 1909, were returned by an electoral college composed of the members from the province in the House of Assembly and the Provincial Council. In 1920 the Senate term was for ten years and there was no provision for an earlier dissolution of the Senate. The provisions for nominated senators were unchanged from those in the First Senate. The Second Senate had

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3692-510: The political process. Under the country's first non-racial (interim) constitution in 1994, the Senate was once again the upper house of a bicameral parliament, the lower house being the National Assembly . It was indirectly elected by members of each of the nine Provincial Legislatures, with each province having ten Senators. In 1997, the final constitution replaced the Senate with a National Council of Provinces (NCoP), which retained

3763-531: 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

3834-430: The republican Constitution, the President of the Senate was to act as State President whenever that office was vacant, or if a state president was unable to perform his duties. Section 28 (1) (a) of the Republic of South Africa Constitution Act 1961, provided that there should be "eight senators nominated by the State President of whom two shall be nominated from each province ...". The South Africa Act 1909 had not limited

3905-436: The size of the Senate and reinstated proportional representation elections. However instead of going back to eight Senators per province, the Cape would have 11, Transvaal 14 (15 from 1970) and the two smaller provinces would retain 8 Senators. Again, the representation from South-West Africa was unchanged. The number of nominated Senators from the Union, went back to eight and the requirement for half of them to be acquainted with

3976-468: 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

4047-426: 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

4118-489: The three colonial governing parties (six each from the South African Party of the Cape, Orangia Unie of the Orange River Colony and Het Volk of the Transvaal), eight Independent Senators from Natal (which did not have a party system before the Union), and six Senators from the opposition parties (two each from the Unionist Party of the Cape, the Constitutional Party of Orange River Colony and the Progressive Party of Transvaal). The eight senators, elected for each province under

4189-405: The time of a general election for the House of Assembly or within 120 days of the election. Another provision required the nominated Senators to vacate their seats whenever there was a change of government. After the South African general election, 1929 the Senate dissolution power was used for the first time, on 16 August 1929. The Third Senate had a small NP majority, in 1929. After the NP and

4260-402: 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

4331-412: 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

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4402-433: 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 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

4473-422: Was called the President, whereas his counterpart in the House of Assembly was the Speaker. The South Africa Act 1909 , which created the Senate, included special provisions for the selection of the first elected senators. The Union Parliament was prohibited from changing the arrangements for the Senate during its first ten years. The First Senate included eight senators from each province. They were elected for

4544-454: Was confirmed with the Balfour Declaration of 1926 and the Statute of Westminster 1931 . It 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

4615-419: Was decided to alter the composition and electoral system for the Senate, to enable the Separate Representation of Voters Act 1951 to be validated. Consequently, Strijdom had the Senate Act 1955 passed to amend the constitution. Instead of each province electing eight Senators, by proportional representation, the new system required provincial representatives to be selected by a first past the post election in

4686-443: 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

4757-467: 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

4828-542: 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

4899-408: 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

4970-433: 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 , 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

5041-402: Was unchanged. Another change made in 1955 was to reduce Senatorial terms from ten years to five. The size of the Senate rose from 48 to 89 (increased to 90 in 1956 when a nominated Senator was added to represent the coloured population for a fixed term until 1962). At the end of the last term of the Native Representative Senators, in 1960, those seats were abolished. The Senate Act 1960 reduced

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