Separate Representation of Voters Act, 1951/1965-06-16
Act
To make provision for the separate representation in Parliament and in the provincial council of the province of the Cape of Good Hope of Europeans and non-Europeans in that province, and to that end to amend the law relating to the registration of Europeans and non-Europeans as voters for Parliament and for the said provincial council; to amend the law relating to the registration of non-Europeans and natives in the province of Natal as voters for Parliament and for the provincial council of Natal; to establish a Union Council for Coloured Affairs; and to provide for matters incidental thereto.
(English text signed by the Officer Administering the Government.)
(Assented to 15th June 1951.)
as amended by
Separate Representation of Voters Amendment Act, No. 30 of 1956
Electoral Laws Further Amendment Act, No. 8 of 1957
Separate Representation of Voters Amendment Act, No. 2 of 1958
Electoral Laws Amendment Act, No. 72 of 1962
Coloured Persons Representative Council Act, No. 49 of 1964
Separate Representation of Voters Amendment Act, No. 72 of 1965
Be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―
Preliminary.
1. In this Act, unless inconsistent with the context—
Separate Representation of European and non-European Voters in the Province of the Cape of Good Hope.
2. (1) As soon as possible after the date of commencement of this Act, the Minister shall cause a register (hereinafter referred to as the Cape Coloured voters’ list) to be compiled.
(2) Save as hereinafter in this section provided, the Cape Coloured voters’ list shall include all the names of non-Europeans, which at the aforesaid date are included in lists then valid according to the provisions of the principal Act, of persons qualified to vote in the province of the Cape of Good Hope at elections of members of the House of Assembly.
(3) All non-Europeans whose names are not included in the lists referred to in sub-section (2) and who are qualified in terms of section four of the principal Act shall, upon application in the prescribed manner, be entitled to be registered in the Cape Coloured voters’ list.
(4) The removal of the name of any non-European from the Cape Coloured voters’ list, on the ground that he is not qualified in terms of section four aforesaid, shall take place on objection duly made, in accordance with the prescribed procedure.
(5) The Minister shall cause the Cape Coloured voters’ list to be divided—
(6) Each part of the Cape Coloured voters’ list, as determined under sub-section (5), shall contain the names of persons registered in the said list who reside in the electoral division to which that part relates.
(7) Every person who is classified as a non-European on any voters’ list in existence at the date of commencement of this Act, which has been framed under the principal Act, as for an electoral division in the province of the Cape of Good Hope, shall until the contrary is proved, be deemed to be a non-European for the purposes of this Act, and every person who is thus classified as a white person shall similarly be deemed to be a white person, until the contrary is proved.
3. (1) The provisions of section four, sub-sections (1), (2) and (4) of section six, and, in so far as they are applicable to non-Europeans, the provisions of Chapter II of the principal Act shall apply, mutatis mutandis, for the purpose of the compilation and keeping of the Cape Coloured voters’ list.
(2) Any regulations made under the principal Act in regard to the registration of non-European voters in the province of the Cape of Good Hope, and in regard to all matters incidental thereto, shall continue to apply as if the said regulations related to the registration of the said voters on the Cape Coloured voters’ list.
(3) For the purposes of section one hundred and eighty-six of the principal Act, section two and sub-section (1) of section three of this Act shall be deemed to be a portion of the principal Act.
4. (1) As soon as the Cape Coloured voters’ list has been framed in terms of the provisions of section two, every electoral officer who has been appointed under the principal Act in respect of any area of the province of the Cape of Good Hope, shall prepare a separate voters’ list for white persons whose names are included in the voters’ lists framed under the principal Act (hereinafter called the European voters’ list), for each division in the area for which he has been appointed.
(2) (a) The European voters’ list for each division shall be framed by removing from the list in force at the date of commencement of this Act (hereinafter called the existing voters’ list) the names of all persons which are included in the Cape Coloured voters’ list, and shall thereafter be maintained, in terms of the provisions of the principal Act, as a separate voters’ list for white persons qualified to vote in such division, and shall not include the names of any non-Europeans.
(b) Subject to the provisions of sub-section (7) of section two, a person who in appearance obviously is a white person shall for the purposes of this sub-section be presumed to be a white person, until the contrary is proved.
(3) (a) As soon as, after the date of commencement of this Act, there has been a delimitation of electoral divisions in the Union in terms of section forty-one of the South Africa Act, 1909 (hereinafter called a new Union delimitation) and a general election is held for the House of Assembly, the European voters’ list shall be the voters’ list in the divisions concerned for the election under the provisions of the principal Act of members of the House of Assembly, representing constituencies in the province of the Cape of Good Hope, for the election of whom provision is made by the South Africa Act, 1909; and as soon as, after the said date and after a new Union delimitation, a general election of provincial councillors, for the election of whom provision is so made takes place in the province of the Cape of Good Hope, the European voters’ list shall similarly be the voters’ list in the divisions concerned for the election of such provincial councillors.
(b) For the purpose of the division of the province of the Cape of Good Hope into electoral divisions in terms of section forty of the South Africa Act, 1909, the words “the total number of voters” in sub-section (1) of the said section, shall after the date of commencement of this Act be deemed to refer to the total number of voters in the European voters’ list.
(4) As soon as the European voters’ list comes into force, in terms of sub-section (3), the provisions of the principal Act relating to the registration of non-European voters in the province of the Cape of Good Hope, shall be deemed to refer to the registration of the said voters in the Cape Coloured voters’ list, and shall for that purpose continue to be in force.
5. (1) (a) Until the first general election after the date of commencement of this Act is held for the House of Assembly and until there has been a new Union delimitation, the existing voters’ list shall be the voters’ list for the divisions concerned for the purposes of elections for the House of Assembly; and until the first general election is so held for the provincial council of the province of the Cape of Good Hope and there has been a new Union delimitation, the existing voters’ list shall be the voters’ list for the divisions concerned, for the purpose of elections for the provincial council of the province of the Cape of Good Hope.
(b) Until the European voters’ list comes into force under the provisions of sub-section (3) of section four, the existing voters’ list shall continue to be subject to correction and amendment in terms of sections eighteen, twenty-two and twenty-three of the principal Act, and non-Europeans in the province of the Cape of Good Hope shall continue to be entitled to be registered in such list in accordance with the provisions of section four of the principal Act.
(c) Any corrections or amendments made to the existing voters’ list under the provisions of paragraph (b) shall also be appropriately made in the European voters’ list and in the Cape Coloured voters’ list.
(2) Save as provided in sub-section (1) a general election for the House of Assembly shall have the effect that the existing voters’ list is no longer of force and effect as for the election of members of the House of Assembly, and a general election for the provincial council of the province of the Cape of Good Hope shall have the effect that the said list is no longer of force and effect as for election of members of the said provincial council.
Delimitation of Cape Province into non-European Constituencies.
6. (1) Any Commission (hereinafter referred to as the Commission) appointed after the commencement of this Act under section forty-one of the South Africa Act, 1909, to undertake a delimitation of electoral divisions in the Union, shall proceed at the same time to divide the province of the Cape of Good Hope as in this section prescribed.
(2) The Commission shall divide the province of the Cape of Good Hope—
(3) (a) The quota of voters for each such division shall be obtained by dividing the number of persons registered in the Cape Coloured voters’ list by the number of persons to be elected.
(b) The boundaries of each such division shall be fixed in such manner that the number of persons registered in the Cape Coloured voters’ list who reside within each such division shall be approximately the same, due consideration being given by the Commission to community or diversity of interests, means of communication, physical features and sparsity or density of population in such manner that, while taking the quota of voters as the basis of division, the Commissioners may, whenever they deem it necessary, depart therefrom, but in no case to any greater extent than fifteen per centum more or fifteen per centum less than the quota.
(4) For the purpose of carrying out their duties, the Commission shall be vested with the powers of a Commission appointed in terms of the Commissions Act, 1947 (Act No. 8 of 1947), and in this regard the provisions of sections three, five and six of the said Act shall apply mutatis mutandis.
(5) The Commission shall submit to the Governor-General—
(6) The Governor-General may refer to the Commission any matter relating to such list of divisions, or arising out of the powers or duties of the Commission.
(7) The Governor-General shall proclaim the names and boundaries of electoral divisions as finally settled by the Commission.
Representation of non-Europeans in the Senate.
7. In addition to the senators for the nomination or election of whom provision is made by the South Africa Act, 1909, the Representation of Natives Act, 1936, and the South-West Africa Affairs Amendment Act, 1949, a senator shall be nominated by the Governor-General on the ground of his thorough acquaintance, by reason of his official experience or otherwise, with the reasonable wants and wishes of the non-European population in the province of the Cape of Good Hope.
8. (1) The qualifications for nomination as a senator under this Act shall be those prescribed for nominated senators in section twenty-six of the South Africa Act, 1909, save that, in addition, residence for five years within the province of the Cape of Good Hope, shall be a necessary requirement.
(2) The provisions of sections fifty-one to fifty-six, both inclusive, of the South Africa Act, 1909, shall apply to any senator nominated under this Act.
(3) The said senator—
Representation of non-Europeans in the House of Assembly.
9. (1) The persons whose names appear in the Cape Coloured voters’ list for any Union electoral division shall be entitled to elect one member of the House of Assembly to represent such electoral division.
(2) The members of the House of Assembly who may be elected under this Act, shall be in addition to the members of the House of Assembly for the election of whom provision is made by the South Africa Act, 1909, the Representation of Natives Act, 1936 (Act No. 12 of 1936), and the South-West Africa Affairs Amendment Act, 1949 (Act No. 23 of 1949).
(3) If the number of members of the House of Assembly prescribed in paragraph (a) of section thirty-two of the South Africa Act, 1909, is at any time hereafter decreased or increased by legal enactment, the number of members to be elected under the provisions of this Act shall bear, as nearly as possible, the same ratio to the number of members of the House of Assembly so increased or decreased, as the number of members first elected under the provisions of this Act bears to the number of one hundred and fifty.
(4) If the number of members who may be elected to the House of Assembly under this Act is altered in terms of the provisions of sub-section (3), the reference in paragraph (a) of sub-section (5) of section two to four parts, and in paragraph (a) of sub-section (2) of section six to four divisions, shall respectively, be deemed to be amended accordingly so as to give effect to such alteration.
10. (1) The qualifications for election as a member of the House of Assembly under this Act shall be those prescribed in section forty-four of the South Africa Act, 1909, save that, in addition, residence for two years within the province of the Cape of Good Hope, shall be a necessary requirement.
(2) The provisions of sections fifty-one to fifty-six both inclusive, of the South Africa Act, 1909, shall apply to all members of the House of Assembly elected under this Act.
(3) The aforesaid members shall not have the right to vote at the election of senators under the provisions of paragraph (ii) of section twenty-five of the South Africa Act, 1909, but shall otherwise have all the rights, powers, privileges and immunities which members of the House of Assembly elected under the South Africa Act have, and shall be subject to all the duties and obligations to which such members are subject.
Representation of non-Europeans in the Provincial Council of the Province of the Cape of Good Hope.
11. (1) The persons whose names appear in the Cape Coloured voters’ list for a provincial electoral division shall be entitled to elect one member of the provincial council of the province of the Cape of Good Hope, to represent such a division.
(2) The members of the provincial council who may be elected under this Act shall be in addition to the provincial councillors for the election of whom provision is made by the South Africa Act, 1909, and the Representation of Natives Act, 1936.
12. (1) The qualification for election under this Act as a member of the provincial council of the Cape of Good Hope shall be the qualification prescribed in sub-section (2) of section seventy of the South Africa Act, 1909, save that—
(2) The provisions of section seventy-two of the South Africa Act, 1909, shall, mutatis mutandis, apply to all provincial councillors elected under this Act.
(3) The aforesaid provincial councillors shall not have the right to vote at an election of senators under paragraph (ii) of section twenty-five of the South Africa Act, 1909, but shall otherwise have all the rights, powers, privileges and immunities which provincial councillors elected under the South Africa Act have, and shall be subject to all the duties and obligations to which such provincial councillors are subject.
Registration of non-European Voters in the Province of Natal.
13. (1) Any non-European or native in the province of Natal who is registered as a voter at the date of commencement of this Act, shall continue to be so registered, as long as he retains his qualifications in terms of sections five and six of the principal Act and remains resident in the said province.
(2) The name of any non-European or native who ceases to be qualified to be registered in terms of sub-section (1) shall be removed from the voters’ list, and shall not thereafter be restored to it.
(3) After the date of commencement of this Act no non-European or native in the province of Natal shall, notwithstanding the provisions of section five of the principal Act, be entitled to be registered as a voter in the said province.
(4) The preceding provisions of this section shall not affect the right of any non-European to be registered on the Cape Coloured voters’ list or of any native to be registered on the Cape native voters’ roll in terms of the Representation of Natives Act, 1936 (Act No. 12 of 1936).
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—
(b) No person shall be nominated as a member unless—
(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 shal1 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—
(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—
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—
his office shall become vacant.
18. The functions of the Council are—
19. The Minister may make regulations in regard to—
Elections.
20. (1) Subject to the provisions of sub-section (4) of section four and of sub-sections (3), (4), (4)bis and (5) of this section, the provisions of the principal Act (including the regulations thereunder) shall, mutatis mutandis, apply in regard to the election of members of the House of Assembly, of the provincial council for the province of the Cape of Good Hope, and in regard to all matters incidental thereto.
(2) The first elections of members of the House of Assembly, or of provincial councillors under this Act, shall not take place until—
(3) (a) Members of the House of Assembly or provincial councillors who, under this Act, are members of the House of Assembly or the provincial council concerned at the commencement of the Separate Representation of Voters Amendment Act, 1965, or are thereafter declared to be duly elected as members of the House of Assembly or as provincial councillors, including any such members or councillors declared to be elected under the provisions of section eighty-eight of the principal Act, shall, notwithstanding anything to the contrary in any other law contained, hold office for a period determined by effluxion of time, five years after the date of the last general election of members of the House of Assembly or of provincial councillors, as the case may be, under this Act.
(b) For the purpose of providing for a general election of members of the House of Assembly or of provincial councillors under this Act, a special proclamation shall be issued, in terms mutatis mutandis of section thirty-five of the principal Act, on a date not later than seven days after the termination of the period of office of the sitting members or councillors.
(c) Any reference in section fifty-three or sub-section (2) of section seventy-one of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), to the dissolution of the House of Assembly or a provincial council, as the case may be, shall, in relation to a member of the House of Assembly or to a provincial councillor elected under this Act, be construed as a reference to the date on which such member’s or councillor’s period of office expires by effluxion of time.
(d) For the purposes of this section a general election of members of the House of Assembly or of provincial councillors to whom this Act applies, means an election at which all those members of the House of Assembly or those provincial councillors are to be elected on the same day.
(4)bis At elections of members of the House of Assembly or provincial councillors under this Act or of members of the Council no person other than a non-European or a white person shall be nominated or appointed as an election agent or a sub-agent, polling agent or messenger.
(5) The Minister may make regulations to provide for the special requirements relating to the procedure to be followed at elections under the provisions of this Act, which regulations may amend or modify or differ from any regulations framed under the principal Act, and may provide that—
21. This Act shall be called the Separate Representation of Voters Act, 1951.