# Separate Representation of Voters Amendment Act, 1956

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The Separate Representation of Voters Amendment Act (Act No. 30 of 1956) was an act of the South African parliament that amended the Separate Representation of Voters Act, 1951, to replace the Board for Coloured Affairs with the Union Council for Coloured Affairs. It came into force when it was published on 18 May 1956. The act was repealed on 2 March 1970 by the Separate Representation of Voters Amendment Act, 1968.
Act
To amend the Separate Representation of Voters Act, 1951.
Be it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―
1. Section twelve of the Separate Representation of Voters Act, 1951 (hereinafter referred to as the principal Act), is hereby amended by the addition to sub-section (1) of the following paragraph:
“(iii)
2. The following sections are hereby substituted for sections fourteen, fifteen, sixteen, seventeen, eighteen and nineteen of the principal Act:
“The Union Council for Coloured Affairs.
14. (1) A Union Council for Coloured Affairs (hereinafter called the Council) consisting of three non-European members for each Union electoral division who shall be elected and fifteen non-European members who shall be nominated by the Governor-General is hereby established with effect from a date to be fixed by the Governor-General by proclamation in the Gazette.
(2) (a) Of the fifteen non-European members to be nominated—
(i)
(ii)
(iii)
(iv)
(b) No person shall be nominated as a member unless—
(i)
(ii)
(3) Any person who is registered in the Cape Coloured voters’ list and has in addition resided in the province of the Cape of Good Hope for a period of two years immediately prior to the date of his election and continues to reside therein, shall be qualified to be elected as a member of the Council.
(4) There shall be constituted an executive committee of the Council consisting of five members of the Council of whom two shall be elected by the members of the Council and three shall be designated by the Governor-General.
(5) The Governor-General shall designate one of the members of the executive committee as the chairman of the Council.
(6) The chairman of the Council shall also be the chairman of the executive committee.
(7) The chairman shall in addition to his deliberative vote have in the case of an equality of votes, a casting vote.
​(8) Until such time as the chairman of the Council has been designated, or whenever the chairman is absent from any meeting of the Council or of the executive committee, the Commissioner for Coloured Affairs shall act as the chairman of the Council, or, as the case may be, of the executive committee, and shall when so acting have a casting vote in the case of an equality of votes, but no deliberative vote.
(9) The chairman of the Council and the members of the executive committee shall vacate their office as such when they vacate their seats as members of the Council.
(10) The following persons shall have the right to attend the meetings of the Council and of the executive committee and to take part in the deliberations, but shall not have the right to vote—
(a)
(b)
(c)
(d)
(11) The Council may refer to the executive committee any matter falling within the functions of the Council for investigation and report and such recommendations as the committee may deem fit.
15. The persons whose names appear in the Cape Coloured voters’ list for any Union electoral division, shall be entitled to elect three members of the Council to represent that electoral division.
(2) If the number of Union electoral divisions is altered as provided in sub-section (4) of section nine, the four Union electoral divisions existing before such alteration shall be deemed to persist as for the purpose of any election of members of the Council, unless and until any contrary provision is made by law.
16. (1) The members of the Council shall hold their seats for a period of five years from the date of election or appointment as the case may be: Provided that, in the case of a candidate who is declared elected in terms of sub-section (8) of section thirty-six of the principal Act, his tenure of office shall continue for a period of five years from the date on which polling would have taken place, if a poll had been necessary.
(2) If the seat of any member of the Council or of the executive committee becomes vacant before the date of expiry of his tenure of office, another person shall, if the seat becoming vacant—
(a)
(b)
and the person so nominated, designated or elected shall be entitled to hold the seat until the aforesaid date of expiry.
(3) The persons mentioned in sub-section (10) of section fourteen shall have the right to attend the meetings of the Council ex officio and the representatives mentioned under paragraphs (b), (c) and (d) of the said sub-section shall respectively be nominated from time to time by the head of the department concerned.
17. If a member of the Council—
(a)
(b)
his office shall become vacant.
18. The functions of the Council are—
(a)
(b)
(c)
(d)
19. The Minister may make regulations in regard to—
(a)
(b)
(c)
(d)
(e)
3. Section twenty of the principal Act is hereby amended—
(a)
(b)
(c)
(d)
4. The long title of the principal Act is hereby amended by the substitution for the word “Board” of the words “Union Council”
5. This Act shall be called the Separate Representation of Voters Amendment Act, 1956.
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