From 1910 to 1961 the Union of South Africa was a self-governing country that shared a monarch with the United Kingdom and other Dominions of the British Empire. The monarch's constitutional roles were mostly delegated to the governor-general of the Union of South Africa.

The South Africa Act 1909 united four British colonies: Cape of Good Hope, Natal, Orange River Colony and Transvaal, to form the Union 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 a distinct 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 the Commonwealth as a republic, after the end of apartheid.

Origin

In the aftermath of the Anglo-Boer War (1899–1902), Britain re-annexed the South African Republic and the Orange Free State, two hitherto independent Boer 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. It was British government policy to encourage these four colonies to come together in closer union; after the grant of responsible government to the Transvaal Colony and Orange River Colony in 1907, this aspiration was one that was also increasingly held by the Afrikaner population.

These political forces resulted in the 1908 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.

Development of shared monarchy

The South Africa Act 1909 united four British colonies: Cape of Good Hope, Natal, Orange River Colony and Transvaal, to form the Union of South Africa as a British Dominion with the monarch as its head of state.See part 3 of South Africa Act, 1909.

The Balfour Declaration of 1926 provided the dominions the right to be considered equal to Britain, 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. The Statute of Westminster 1931 further increased the sovereignty of the self-governing Dominions, 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.

Although the Union of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, the Status of the Union Act, 1934 was passed to confirm South Africa's status as a fully sovereign state. It declared the Union of South Africa to be a "sovereign independent state" and explicitly adopted the Statute of Westminster into South African law.

Title

Until the early part of the 20th century, the monarch's title throughout the British Empire was determined exclusively by the Parliament of the United Kingdom. The preamble to the Statute 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 the 1952 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". 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 before Elizabeth's coronation in June of the following year.

The Royal Style and Titles Act 1953, passed by the Parliament of South Africa, rendered the Queen's South African style and title in three languages:

In English: Elizabeth II, Queen of South Africa and of Her other Realms and Territories, Head of the Commonwealth In Afrikaans: Elizabeth II, Koningin van Suid-Afrika en van Haar ander Koninkryke en Gebiede, Hoof van die StatebondAct 6 of 1953 "Royal Style and Titles Act, 1953". The Union of South Africa Government Gazette Extraordinary, vol. CLXXI, 4 March 1953, pp. 12–13 Archived In Latin: Elizabeth II, Africae Australis regnorumque suo rum ceterorum Regina, consortionis populorum Princeps

Succession

By convention, 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 by male-preference primogeniture governed by common law, the Act of Settlement 1701, and the Bill of Rights 1689. These legislations limited the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover, and stipulated that the monarch cannot be a Roman Catholic and must be in communion with the Church 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 the His Majesty King Edward the Eighth's Abdication Act, 1937 to ratify the abdication of King Edward VIII and the succession to the throne of King George VI, that occurred in December 1936.

Upon a demise 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. 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 was crowned in an ancient ritual in the United Kingdom.

Constitutional role

The structure of the government of the Union of South Africa was similar to the government of other dominions. The monarch was represented in the Union by the governor-general of South Africa.

Executive

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.

Though not explicitly provided for by the South Africa Act, the office of Prime Minister of South Africa was also established as the head 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 the lower 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.

Parliament

The legislative power of the Union was vested in the Parliament, which consisted of the monarch, a Senate, and a House of Assembly.See part 4 of South Africa Act, 1909.

The monarch and the governor-general did not, however, participate in the legislative process; they only took part in the granting of royal 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.

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.

The governor-general was also responsible for summoning, proroguing, and dissolving parliament.

Courts

The South Africa Act established a Supreme Court for the Union. The Chief Justice of South Africa, the ordinary judges of appeal, and all other judges of the Supreme Court were appointed by the governor-general.See part 6 of South Africa Act, 1909.

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.

In the legal 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.The Oxford Companion to Law, David M. Walker, 1980, page 1162

Cultural role

The Sovereign's Birthday was commemorated on the second Monday in July with a public holiday.State of South Africa; Economic, Financial and Statistical Yearbook for the Union of South Africa, Closer Union Society, Da Gama Publishers, 1961, p. 127

The Crown and Honours

The monarch, as the fount 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.

Depictions of the Royal Crown, the Royal Cypher or the sovereign's likeness, appeared on various medals and decorations.

The Crown and the Armed Forces

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.See section 17 of South Africa Act, 1909.

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 the defence force and police'South African Republicanism, Reuters, Toledo Blade, 30 January 1958 in the case of the former, it was replaced with the Union Lion from the crest of the country's coat of arms.The South African flag book: the history of South African flags from Dias to Mandela, A. P. Burgers, Protea Book House, 2008, p. 166 In 1961, the "Royal" title was dropped from the names of some South African Army regiments, such as the Natal Carbineers.Web of Experience: An Autobiography, Jack Vincent, J. Vincent, 1988, p. 38

Until 1952, South African Naval vessels bore the ship prefix HMSAS, i.e., His Majesty's South African Ship, and it was thereafter replaced by SAS, i.e., South African Ship.Scientiae Militaria, Volume 27, Faculty of Military Science (Military Academy), University of Stellenbosch, 1997, p. 71

Royal visits