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THE TRANSVAAL: MUNICIPAL GOVERNMENT,

1902-1910.

[Ordinance No. 38 of 1903 provided for the election of members of councils of municipalities then existing or still to be established. Electors were white male or female British subjects of 21 years of age and older, who were owners of rateable property valued at £100 or occupiers of property valued at £300 or of the annual value of £24. Male voters could be elected councillors to hold office for three years. The Councillors were to elect one of their number to be a mayor, to whom allowances could be made for expenditure incurred. The duties and functions of the councils were defined by the next important ordinance, No. 58 of 1903; and several other important laws followed. Series of special provisions were enacted for Pretoria and Johannesburg from 1902 onwards.]

THE INTER-COLONIAL COUNCIL.

[By Order in Council dated 20th May 1903, an Inter-Colonial Council, common to the Orange River Colony and to the Transvaal, was established. The object of this body was to avoid a division of the Central South African Railway system which extended over both Colonies; but its functions included also the control of expenditure connected with the South African Constabulary and other matters. The arrangement was rendered liable to termination on the motion of either Colony, after six months' notice, subsequent to the establishment of responsible government in both Colonies. Such notice was given by both governments early in December 1907, and the Council ceased to exist on 2nd June 1908. Thereupon the C.S.A. Railways were worked as a joint system.]

1 [Cd. 1641.]

No. 235.

CHAPTER V.

THE UNION OF SOUTH AFRICA.

SOUTH AFRICA ACT, 1909.

[9 EDW. 7, CH. 9.]

[This Act was passed through both Houses of the Imperial Parliament exactly as it was forwarded after the South African Convention was held. It was assented to by King Edward VII. on 20th September 1909; and a Royal Proclamation of the 2nd December 1909 declared the date of the establishment of Union to be the 31st May 1910.]

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8. Executive power.

9. Governor-General.

10. Salary of Governor-General.

II. Application of Act to Governor-General.

12. Executive Council.

13. Meaning of Governor-General in Council.

14. Appointment of Ministers.

15. Appointment and removal of officers.

16. Transfer of executive powers to Governor-General in Council. 17. Command of naval and military forces.

18. Seat of Government.

IV. PARLIAMENT.

19. Legislative power.

20. Sessions of Parliament.

21. Summoning of first Parliament.
22. Annual session of Parliament.
23. Seat of Legislature.

Section.

Senate.

24. Original constitution of Senate.

25. Subsequent constitution of Senate.

26. Qualifications of senators.

27. Appointment and tenure of office of President. 28. Deputy President.

29. Resignation of senators.

30. Quorum.

31. Voting in the Senate.

House of Assembly.

32. Constitution of House of Assembly.

33. Original number of members.

34. Increase of number of members.

35. Qualifications of voters.

36. Application of existing qualifications.

37. Elections.

38. Commission for delimitation of electoral divisions.

39. Electoral divisions.

40. Method of dividing provinces into electoral divisions.

41. Alteration of electoral divisions.

42. Powers and duties of commission for delimiting electoral divisions.

43. Date from which alteration of electoral divisions to take effect.

44. Qualifications of members of House of Assembly.

45. Duration.

46. Appointment and tenure of office of Speaker.

47. Deputy Speaker.

48. Resignation of members.

49. Quorum.

50. Voting in House of Assembly.

Both Houses of Parliament.

51. Oath or affirmation of allegiance.

52. Member of either House disqualified for being member of the other House.

53. Disqualifications for being a member of either House.

54. Vacation of seats.

55. Penalty for sitting or voting when disqualified.

56. Allowances of members.

57. Privileges of Houses of Parliament.

58. Rules of procedure.

Powers of Parliament.

59. Powers of Parliament.

60. Money Bills.

61. Appropriation Bills.

62. Recommendation of money votes.

63. Disagreements between the two Houses.

64. Royal Assent to Bills.

65. Disallowance of Bills.

66. Reservation of Bills.

67. Signature and enrolment of Acts.

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68. Appointment and tenure of office of provincial administrators. 69. Salaries of administrators.

Provincial Councils.

70. Constitution of provincial councils.

71. Qualification of provincial councillors.

72. Application of sections 53 to 55 to provincial councillors. 73. Tenure of office by provincial councillors.

74. Sessions of provincial councils.

75. Chairman of provincial councils.

76. Allowances of provincial councillors.

77. Freedom of speech in provincial councils.

Executive Committees.

78. Provincial executive committees.

79. Right of administrator, etc., to take part in proceedings of provincial council.

80. Powers of provincial executive committees.

81. Transfer of powers to provincial executive committees.

82. Voting in executive committees.

83. Tenure of office by members of executive committees.

84. Power of administrator to act on behalf of Governor-General in Council.

Powers of Provincial Councils.

85. Powers of provincial councils.

86. Effect of provincial ordinances.

87. Recommendations to Parliament.

88. Power to deal with matters proper to be dealt with by private Bill legislation.

89. Constitution of provincial revenue fund.

90. Assent to provincial ordinances.
91. Effect and enrolment of ordinances.

Miscellaneous.

92. Audit of provincial accounts.

93. Continuation of powers of divisional and municipal councils. 94. Seats of Provincial Government.

VI. THE SUPREME COURT OF SOUTH AFRICA.

95. Constitution of Supreme Court.

96. Appellate Division of Supreme Court.

97. Filling of temporary vacancies in Appellate Division.

98. Constitution of provincial and local divisions of Supreme Court.

99. Continuation in office of existing judges.

100. Appointment and remuneration of judges.

IOI. Tenure of office by judges.

102. Reduction in number of judges.

103. Appeals to Appellate Division.

Section.

104. Existing appeals.

105. Appeals from inferior courts to provincial divisions.
106. Provisions as to appeals to the King in Council.
107. Rules of procedure in Appellate Division.

108. Rules of procedure in provincial and local divisions.
109. Place of sittings of Appellate Division.

110. Quorum for hearing appeals.

III. Jurisdiction of Appellate Division.

112. Execution of processes of provincial divisions.

113. Transfer of suits from one provincial or local division to another.

114. Registrar and officers of Appellate Division.

115. Advocates and attorneys.

116. Pending suits.

VII. FINANCE AND RAILWAYS.

117. Constitution of Consolidated Revenue Fund and Railway and Harbour Fund.

118. Commission of inquiry into financial relations between Union and provinces.

119. Security for existing public debts.

120. Requirements for withdrawal of money from funds.

121. Transfer of colonial property to the Union.

122. Crown lands, etc.

123. Mines and minerals.

124. Assumption by Union of colonial debts.

125. Ports, harbours, and railways.

126. Constitution of Harbour and Railway Board.

127. Administration of railways, ports, and harbours.

128. Establishment of fund for maintaining uniformity of railway rates.

129. Management of railway and harbour balances.

130. Construction of harbour and railway works.

131. Making good of deficiencies in Railway Fund in certain cases. 132. Controller and Auditor-General.

133. Compensation of colonial capitals for diminution of prosperity.

VIII. GENERAL.

134. Method of voting for senators, etc.

135. Continuation of existing colonial laws.

136. Free trade throughout Union.

137. Equality of English and Dutch languages. 138. Naturalisation.

139. Administration of justice.

140. Existing officers.

141. Reorganisation of public departments.

142. Public service commission.

143. Pensions of existing officers.

144. Tenure of office of existing officers.

145. Existing officers not to be dismissed for ignorance of English or Dutch.

146. Compensation to existing officers who are not retained.

147. Administration of native affairs, etc.

148. Devolution on Union of rights and obligations under conventions.

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