Status of the Union Act, 1934
Status of the Union Act, 1934 | |
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Parliament of South Africa | |
Long title
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Citation | Act No. 69 of 1934 |
Territorial extent | South Africa Act, 1909 Statute of Westminster 1931 |
Status: Repealed |
The Status of the Union Act, 1934 (Act No. 69 of 1934) was an
The Statute of Westminster applied to South Africa without needing ratification from its Parliament (unlike the case in Australia and New Zealand), so the Status Act was not legally necessary to establish South Africa's full sovereignty. It was, however, seen as a symbolic action by the Pact government of Prime Minister J. B. M. Hertzog, coming as it did shortly before the merger of his National Party with Jan Smuts's South African Party to form the United Party.[1]
The Status of the Union Act was repealed by the
Provisions
The Status Act incorporated the Statute of Westminster into South African law as if it were an act of the South African Parliament. Sections 7 to 10 of the Statute were omitted because they dealt with matters specific to other Dominions of the British Commonwealth. The act further declared that "the Parliament of the Union shall be the sovereign legislative power in and over the Union," and that no act of the British Parliament would extend to South Africa unless extended by an act of the South African Parliament. This went further than the Statute of Westminster, which allowed the British Parliament to legislate for the Dominions at their request and with their consent.
With respect to the executive, the Status Act prescribed that the King, when exercising his executive powers in regard to South Africa, was required to act on the advice of the South African Prime Minister and Cabinet only. This made explicit what had previously been a constitutional convention.
The Status Act also altered the law governing the granting of the
While it made the executive and legislative branches of the South African government completely independent of Britain, the Status Act did not affect the judicial branch. Appeals to the Privy Council from the Appellate Division remained possible until 1950.[citation needed]
References
- ISBN 978-1-84113-049-1.