South Africa Act 1909 legislated by 28th Parliament of the United Kingdom
The South Africa Act 1909 was an Act of the Parliament of the United Kingdom, which created the Union of South Africa from the British Cape Colony, Colony of Natal, Orange River Colony, and Transvaal Colony. The Act also made provisions for potentially admitting Rhodesia as a fifth province of the Union, but Rhodesian colonists rejected this option in a referendum held in 1922. The Act was the third major piece of legislation passed by the British Parliament with the intent of uniting various British colonies and granting them some degree of autonomy. Earlier, the British North America Act, 1867 had united three colonies (the Province of Canada (which was split into Ontario and Quebec) Nova Scotia, and New Brunswick) and the Commonwealth of Australia Constitution Act, 1900 had united the Australian colonies.Background
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 passed by Parliament on 20 September 1909 and on 20 September 1909 King Edward VII of the United Kingdom proclaimed that the Union of South Africa would be established on 31 May 1910. This Act, which essentially brought into being the South African state as it is known today, served as the South African constitution for over fifty years, during which time the Statute of Westminster greatly increased South Africa's sovereignty from Britain. Although South Africa became a republic in 1961 and left the Commonwealth, the basic structure of the 1909 Act continued to live on in its replacement, the Republic of South Africa Constitution Act (32 of 1961). However, the last vestiges of the 1909 Act finally disappeared in 1983 when the apartheid-era government enacted a new constitution, the Constitution of the Republic of South Africa Act (110 of 1983).
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