| Monarchy ofSouth Africa | |
|---|---|
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| Details | |
| Style | His Majesty (1910–1952) Her Majesty (1952–1961) |
| First monarch | George V |
| Last monarch | Elizabeth II |
| Formation | 31 May 1910 |
| Abolition | 31 May 1961 |
From 1910 to 1961 theUnion of South Africa was a self-governing country that shared a monarch with theUnited Kingdom and otherDominions of theBritish Empire. The monarch's constitutional roles were mostly delegated to thegovernor-general of the Union of South Africa.
TheSouth Africa Act 1909 united four British colonies:Cape of Good Hope,Natal,Orange River Colony andTransvaal, to form theUnion of South Africa with the monarch as its head of state. In 1947,King George VI became the first reigning monarch to visit South Africa. His successor,Queen Elizabeth II was granted adistinct South African style and title by the Parliament of South Africa in 1953.
South Africa became a republic and left the Commonwealth on 31 May 1961. On 1 June 1994, South Africa rejoined theCommonwealth as a republic, after the end ofapartheid.
In the aftermath of theAnglo-Boer War (1899–1902), Britain re-annexed theSouth African Republic and theOrange Free State, two hitherto independentBoer republics. These new territories, renamed the Transvaal Colony and the Orange River Colony respectively, were added to Britain's existing South African territories, the Cape Colony and Colony of Natal.[1][2] It was British government policy to encourage these four colonies to come together in closer union; after the grant ofresponsible government to the Transvaal Colony and Orange River Colony in 1907, this aspiration was one that was also increasingly held by theAfrikaner population.
These political forces resulted in the1908 National Convention, which met on 12 October 1908 and completed its work on 11 May 1909. This convention settled on the terms and constitution of a governmental, legislative, and economic Union. These proposals were transmitted to the British government, which duly prepared a bill to give effect to these wishes. The bill was approved by the four colonial parliaments in June 1909, and was passed by the Parliament of the United Kingdom on 20 September 1909, and the Union of South Africa was established on 31 May 1910.[3]
TheSouth Africa Act 1909 united four British colonies:Cape of Good Hope,Natal,Orange River Colony andTransvaal, to form theUnion of South Africa as aBritish Dominion with the monarch as its head of state.[4]
TheBalfour Declaration of 1926 provided the dominions the right to be considered equal toBritain, rather than subordinate; an agreement that had the result of, in theory, a shared Crown that operated independently in South Africa rather than a unitary British Crown under which all the dominions were secondary. The monarchy thus ceased to be an exclusively British institution, and henceforth became a "domesticated" establishment.[5] TheStatute of Westminster 1931 further increased the sovereignty of the self-governingDominions, and also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right.[6]
Although theUnion of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, theStatus of the Union Act, 1934 was passed to confirm South Africa's status as a fully sovereign state.[7] It declared theUnion of South Africa to be a "sovereign independent state" and explicitly adopted the Statute of Westminster into South African law.
Until the early part of the 20th century, the monarch's title throughout theBritish Empire was determined exclusively by theParliament of the United Kingdom. The preamble to theStatute of Westminster 1931 established the convention requiring the consent of all the Dominions' parliaments, as well as that of the United Kingdom, to any alterations to the monarch's style and title. It had been decided among the realms in 1949 that each should have its own monarchical title, but with common elements. At the1952 Commonwealth Prime Ministers' Economic Conference, Commonwealth prime ministers agreed that each member of the Commonwealth "should use for its own purposes a form of the Royal Style and Titles which suits its own particular circumstances but retains a substantial element which is common to all".[8][9] It was decided that the monarch's title in all her realms have, as their common element, the description of the Sovereign as "Queen of Her Realms and Territories and Head of the Commonwealth". The parliament of each realm passed its own Royal Style and Titles Act beforeElizabeth's coronation in June of the following year.[8]
The Royal Style and Titles Act 1953, passed by theParliament of South Africa, rendered the Queen's South African style and title in three languages:
Byconvention, succession in South Africa was deferred to the laws of the United Kingdom; whoever was monarch of Britain was automatically the monarch of South Africa.Succession in Britain was bymale-preference primogeniture governed bycommon law, theAct of Settlement 1701, and theBill of Rights 1689. These legislations limited the succession to the natural (i.e. non-adopted), legitimate descendants ofSophia, Electress of Hanover, and stipulated that the monarch cannot be aRoman Catholic and must be in communion with theChurch of England upon ascending the throne. However, the United Kingdom and the British Dominions agreed, via adopting the Statute of Westminster, not to change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship. For instance, in 1937, the Parliament of South Africa had to pass theHis Majesty King Edward the Eighth's Abdication Act, 1937 to ratify theabdication ofKing Edward VIII and the succession to the throne ofKing George VI, that occurred in December 1936.[12]
Upon ademise of the Crown (the death or abdication of a sovereign), it was customary for the accession of the new monarch to be publicly proclaimed by the governor-general after the accession.[13] Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeded, without any need for confirmation or further ceremony. An appropriate period of mourning also followed, after which the new monarch wascrowned in an ancient ritual in the United Kingdom.
Like all nations, you have hard problems to solve in the aftermath of war; but statesmanship has not failed you in the past 100 years, and I am confident it will guide you steadily towards a just and contented relationship between all dwellers in your many-people land. By achieving such a relationship you can show to the troubled world how peoples of different race and colour may live and work together for the common good.
— King George VI, 1947[14][15]
The structure of the government of theUnion of South Africa was similar to the government of otherdominions. The monarch was represented in the Union by thegovernor-general of South Africa.
All executive authority was vested in the monarch, and was exercised by the governor-general on the monarch's behalf. The governor-general appointed an Executive Council, to advise him on how to execute the executive powers in the government of the Union. All executive councillors held office during the viceroy's pleasure.[4]
Though not explicitly provided for by the South Africa Act, the office ofPrime Minister of South Africa was also established as thehead of government and, like other government ministers, the prime minister was required to be a member of either house of Parliament. As in other British Dominions, the governor-general appointed the leader of the largest political party in thelower house of Parliament as prime minister.
The governor-general additionally appointed members of the Executive Council as ministers to administer departments of State of the Union.[4]
The legislative power of the Union was vested in the Parliament, which consisted of the monarch, a Senate, and a House of Assembly.[16]
The monarch and the governor-general did not, however, participate in the legislative process; they only took part in the granting ofroyal assent. The viceroy could return any bill presented to him by the House, with certain amendments he might recommend. The viceroy could also withhold assent, or reserve the bill for the signification of the monarch's pleasure. The monarch also had the power to disallow any act within one year after it was assented by the governor-general. After the granting of royal assent, the Clerk of the House of Assembly was responsible for enrolling two copies of the act, one in English and the other in Dutch, in the records of the office of the Registrar of the Appellate Division of the Supreme Court of South Africa.[16]
Further, the constitution outlined that the governor-general alone was responsible for appointing senators. Every senator and every member of the House of Assembly was required to make an oath or affirmation of allegiance to the monarch before taking office.[16]
I,(name), do swear that I will be faithful and bear true allegiance to His [or Her] Majesty [specify the name of the reigning Sovereign], His [or Her] heirs and successors according to law. So help me God.[16]
— Oath of Allegiance to the Sovereign of South Africa
The governor-general was also responsible for summoning, proroguing, anddissolving parliament.[16]
The South Africa Act established a Supreme Court for the Union. TheChief Justice of South Africa, the ordinary judges of appeal, and all other judges of the Supreme Court were appointed by the governor-general.[17]
In case of incapacity of any judge, the governor-general could appoint any other judge of the Supreme Court of South Africa to temporarily discharge the required duties as the case may be.[17]
In thelegal profession, the Bar was divided into Queen's Counsel and advocates; following the establishment of a republic in 1961, it was divided into Senior Counsel and advocates.[18]
TheSovereign's Birthday was commemorated on the second Monday in July with a public holiday.[19]
The monarch, as thefount of honour, conferred awards and honours in South Africa in his or her name. Most of them were awarded on the advice of South African ministers.[20][21]
Depictions of the Royal Crown, the Royal Cypher or the sovereign's likeness, appeared on various medals and decorations.
The command-in-chief of the naval and military forces of the Union of South Africa was vested in the monarch, and was exercised by the governor-general as their representative.[22]
References to the Royal Crown appeared on various regimental badges and rank insignia, which illustrated the monarchy as the locus of authority. In 1957, due to growing republican sentiment, the Crown was removed from the badges of thedefence force andpolice'[23] in the case of the former, it was replaced with the Union Lion from the crest of the country'scoat of arms.[24] In 1961, the "Royal" title was dropped from the names of someSouth African Army regiments, such as theNatal Carbineers.[25]
Until 1952,South African Naval vessels bore theship prefixHMSAS, i.e.,His Majesty's South African Ship, and it was thereafter replaced bySAS, i.e.,South African Ship.[26]
In 1860,Prince Alfred, Duke of Saxe-Coburg and Gotha, the second son and fourth child ofQueen Victoria, became the first member of the royal family to visit South Africa. Later, in 1901, the then Duke and Duchess of Cornwall (laterKing George V andQueen Mary) visited South Africa during an extensive tour of the British Empire. Their eldest son, Edward, Prince of Wales (laterKing Edward VIII), toured the country in 1925.[27]
In 1947, King George VI, his wifeQueen Elizabeth, and their daughters PrincessesElizabeth andMargaret, visited the country, during a three-month tour of Southern Africa.[27] On 21 February 1947, King George VI, accompanied by Queen Elizabeth, opened a new session of the South African Parliament, the first state opening of a Dominion parliament by a reigning monarch. In his speech, the King spoke in both English and Afrikaans, and thanked South Africa for its support during the Second World War.[28][29] It was in South Africa that Princess Elizabeth notably celebrated her 21st birthday and delivered thefamous broadcast to the Empire on 21 April, in which she said, "I declare before you all that my whole life, whether it be long or short, shall be devoted to your service and the service of our great imperial family to which we all belong".[27]
However, due to the South African Government'sapartheid regime soon after the 1947 visit, royal visits to South Africa came to a halt, despite Elizabeth II being Queen of South Africa until 1961. Nearly half a century later, the Queen and her husbandPrince Philip, Duke of Edinburgh undertook a state visit to South Africa in 1995, in support of reconciliation with the new South African government, and were hosted by PresidentNelson Mandela. The Queen returned to South Africa for the16th Commonwealth Heads of Government Meeting in Durban in 1999.[27][30]
In 1940,D. F. Malan, along withJ. B. M. Hertzog, founded theHerenigde Nasionale Party (or "Reunited National Party") which pledged to fight for "a free independent republic, separated from the British Crown and Empire", and "to remove, step by step, all anomalies which hamper the fullest expression of our national freedom".[31] In 1942, details of a draft republican constitution were published in Afrikaans-language newspapersDie Burger andDie Transvaler, which provided for a State President, elected by white citizens known asBurgers only, who would be "only responsible to God... for his deeds in the fulfilment of his duties".[32] On the matter of continued Commonwealth membership, the view ofAfrikaner Broederbond was that "departure from the Commonwealth as soon as possible remains a cardinal aspect of our republican aim".[33]
In 1948, theNational Party, now led byD. F. Malan, came to power, although it did not campaign for a republic during theelection, instead favouring remaining in the Commonwealth, thereby appealing to Afrikaners who otherwise might have voted for theUnited Party ofJan Smuts.[34] Malan's successor as prime minister,J. G. Strijdom, also downplayed the republic issue, stating that no steps would be taken towards that end before 1958.[35] Strijdom stated that the matter of whether South Africa would be a republic inside or outside the Commonwealth would be decided "with a view to circumstances then prevailing".[36] Like his precessor, Strijdom declared the party's belief that a republic could only be proclaimed on the basis "of the broad will of the people".[37]
On becoming prime minister in 1958,Hendrik Verwoerd gave a speech to Parliament in which he declared: "We stand unequivocally and clearly for the establishment of the republic in the correct manner and at the appropriate time".[38] In 1960, Verwoerd announced plans to hold awhites-only referendum on the establishment of a republic, with a bill to that effect being introduced in Parliament on 23 April of that year.[39] The Referendum Act received assent on 3 June 1960.[40] In hopes of winning the support of those opposed to a republic, not only English-speaking whites but Afrikaners still supporting the United Party, Verwoerd proposed that constitutional changes would be minimal, with the Queen simply being replaced as head of state by aState President, the office of which would be a ceremonial post rather than an executive one.[41][42]
InNatal, the only province with anEnglish-speaking majority of whites, there was strong anti-republican sentiment; in 1955, the small Federal Party issued a pamphletThe Case Against the Republic, while the Anti-Republican League organised public demonstrations.[43] The League, founded by Arthur Selby, the Federal Party's chairman, launched theNatal Covenant in opposition to the plans for a republic, signed by 33,000 Natalians.[44] On the day of the referendum, theNatal Witness, the province's daily English-language newspaper warned its readers that: "Not to vote against the Republic is to help those who would cut us loose from our moorings, and set us adrift in a treacherous and uncharted sea, at the very time that the winds of change are blowing up to hurricane force".[45]
The National Party government subsequently organised the referendum on 5 October 1960. The vote, which was restricted towhites – the first such national electionin the Union – was narrowly approved by 52.29% of the voters.[46][47]
TheRepublic of South Africa was declared on 31 May 1961,Queen Elizabeth II ceased to behead of state, and the lastGovernor General of the Union,Charles R. Swart, took office as the firstState President.[48]
Originally every independent country in theCommonwealth was aDominion – sharing a monarch with the United Kingdom and the other dominions. The 1949London Declaration prior toIndia becoming a republic allowed countries with a different head of state to join or remain in the Commonwealth, but only by unanimous consent of the other members. The governments ofPakistan (in 1956) and, later,Ghana (in 1960) availed themselves of this principle, and the National Party had not ruled out South Africa's continued membership of the Commonwealth were there a vote in favour of a republic.[49]
However, the Commonwealth by 1960 included newAsian andAfrican members, whose rulers saw theapartheid state's membership as an affront to the organisation's newdemocratic principles.Julius Nyerere, then Chief Minister ofTanganyika, indicated that his country, which was due to gain independence in 1961, would not join the Commonwealth were apartheid South Africa to remain a member.[50] ACommonwealth Prime Ministers' Conference was convenedin March 1961, a year ahead of schedule, to address the issue.[51] In response, Verwoerd stirred up a confrontation, causing many members to threaten to withdraw if South Africa's renewal of membership application was accepted. As a result, South Africa's membership application was withdrawn, meaning that upon its becoming a republic on 31 May 1961, the country's Commonwealth membership simply lapsed.
Following the end of apartheid, South Africa rejoined the Commonwealth in 1994, thirty-three years and one day the republic was established.[52]
Leading up to thewedding of Prince Harry and Meghan Markle in 2018, a survey byIpsos found that 35% ofSouth Africans believed that it would be worse for their country to have aconstitutional monarchy instead of an elected head of state while 24% believed that having a monarchy would make the country better.[53]
On 5 October 1960 a referendum was held in which White voters were asked "Do you support a republic for the Union?" – 52 percent voted 'Yes'.
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