Government structure South Africa Act 1909

the provinces of union

the structure of government of union of south africa similar government of other british dominions. governor-general of south africa appointed represent british monarch, monarch of south africa. executive power vested in monarch/governor-general , exercised on advice of executive council. though not explicitly provided south africa act, office of prime minister of south africa established head of government and, other government ministers, prime minister required member of either house of parliament. in other british dominions, governor-general appointed leader of largest political party in lower house of parliament prime minister. prime ministers sworn in executive councilors if not members of executive council.

legislative power vested in parliament consisting of monarch, senate, , house of assembly. of union s existence, south africa act provided each province have equal representation in upper house, senate, , senators chosen electoral college made of province s members in house of assembly , members of provincial legislature. composition , election of senate later modified part of move towards apartheid , establishment of republic of south africa. in lower house of parliament, house of assembly, each province represented proportionally according respective populations , members elected individual districts within province. house of assembly had more power senate, relationship between house of commons , house of lords. in case of disagreement between senate , house of assembly, governor-general convene joint sitting of 2 houses review legislation, make amendments, , vote on bill. because house of assembly larger senate, system designed protect stronger position of house in joint sitting. similar method of resolving disagreements exists in australian parliament , indian parliament, australian senate , rajya sabha each half size of australian house of representatives , lok sabha, respectively, whereas south african senate one-third size of south african house of assembly. unlike australian model (but indian one), no double dissolution election occurred before joint sitting, further strengthening position of house of assembly , prime minister on senate.

the act established supreme court of south africa, served unified court system union , consisted of local, provincial, , appellate divisions. old supreme courts of provinces became provincial divisions of new supreme court of south africa. appellate division, highest court in land, seated @ bloemfontein. there further appeal privy council, particularly in admiralty cases. power judicial review of parliamentary legislation , administrative acts same in united kingdom. in addition, supreme court review parliamentary amendments of entrenched clauses of south africa act of 1909.

each province governed administrator, appointed central government, , had legislature in form of unicameral provincial council; 4 members of council joined administrator form five-member executive committee acted province s cabinet. unlike canada , australia, became dominions through federation of british colonies, south africa act created centralised, unitary state. each of 4 provinces became subordinate entities , had far fewer powers canadian provinces or australian states. such, government of south africa quite similar—from constitutional standpoint—to government of united kingdom.