Skip to content

South Africa Act 1909, Constitution Acts 1961/1983 and electoral/delimitation legislation

Literature › Primary sources

Kind legislation gazette
Producer Union/Republic of South Africa Parliament
Coverage 1909-1983
Works using it 14

Debates

Debate Works
White electoral politics, delimitation and party systems 11
Why apartheid ended: reform, transition and elite bargaining 2
Origins, coherence and ideology of apartheid and Afrikaner nationalism 2
Census, race classification and demographic data 1
Pre-Union colonial economy, the mineral revolution and the South African War 1

Works using this source

Work As cited Period How used
Brink et al. (1953) Act No. 46 of 1946, section 8, as amended by Act 55 of 1952; Acts 12 of 1936 and 23 of 1949 1936-1952 Defines which voters' lists are 'current' or 'valid' and excludes the Native Representative and South West Africa seats from the 150.
Brink et al. (1953) South Africa Act, 1909, sections 32, 38-42 and 71, as amended by Act No. 55 of 1952 1909-1952 Provides the legal quota rule, the 15% load/unload discretion and the five factors the Commission must weigh.
Charney (1984) 1983 constitution and constitutional referendum (November 1983) 1983 The structure of the new constitution is analysed to show how it preserves white and NP control.
Christopher (1983a) South Africa Act 1909 and Republic of South Africa Constitution Act 1961; Constitution Amendment Act 1965; Constitution and Elections Amendment Act 1973 (Select Committee Report SG 5-1973) 1909-1973 Establishes the legal criteria, quotas, deviation margins, Special Electoral Divisions and the pegging of House size and provincial seats.
Christopher (1983b) Constitution Amendment Act of 1965 1965 Instructed Commissioners to create Special Electoral Divisions with up to 30 per cent unloading.
Christopher (1983b) Constitution and Elections Amendment Act of 1973 and Report of the Select Committee on the Constitution and Elections Amendment Bill, SG 5-1973 1973 Shows that parliament pegged the House size and provincial seat allocation, leaving the Transvaal under-represented in 1980.
Christopher (1983b) South Africa Act 1909 (as published by Transvaal, TG 14-1910) and the Republic of South Africa Constitution Act 1961 1909-1961 Establishes the legal basis, criteria and apportionment rules governing delimitation.
Christopher (2009a) Population Registration Act of 1950; Nationality and Flag Act of 1927; 1956 constitutional amendment; South Africa Act 1909 1909-1956 Legislative context for racial classification, nationality and the franchise that shaped census design.
Cillié et al. (1980) Alteration of Provincial Boundaries Act, No. 36 of 1978 1978 Establishes the transfer of Griqualand East and named polling districts to Natal, forcing abolition of the Griqualand East division.
Cillié et al. (1980) Electoral Act, No. 45 of 1979, section 11(4A)/(4B), and Electoral Amendment Act, No. 89 of 1980 1979-1980 Determines registration of South African citizens resident in 'independent' homelands in the division of the nearest magistrate's office.
Cillié et al. (1980) Proclamation 27 of 1974 (polling districts as published 22 February 1974) 1974 Provides the polling district framework to which the Surveyors-General's boundary descriptions refer.
Cillié et al. (1980) Proclamations R. 202 (31 August 1977) and R. 248 (30 September 1977) on Walvis Bay 1977 Returns Walvis Bay to administration by the Cape Province, which creates the problem of placing its voters (decided as Green Point).
Cillié et al. (1980) Republic of South Africa Constitution Act, 1961 (Act 32 of 1961), sections 40, 42, 43, 44, as amended (incl. Act 79 of 1973 and Third Amendment Act 1980) 1961-1980 Sets the 165-seat allocation, the quota formula based on white voters, the ±15% (70% for large divisions) tolerance and the factors the Commission must weigh.
Cornell (1960) South Africa Act of 1909 and the 'entrenched clause'; Supreme Court/Appellate Division judgments on the Separate Representation of Voters Act 1909-1956 Traces the constitutional conflict over Cape Coloured voting rights, court rulings and the Government's responses.
Delimitation Commission (1932) South Africa Act, 1909 (sections 34, 39, 41, 42, 71) 1909 Sets the statutory rules (quota, fifteen per cent margin, density consideration, quinquennial redistribution) governing the delimitation.
Delimitation Commission and P. M. Cilliers (Chairman) (1974) Constitution Act, section 40 as substituted by section 81 of the Constitution and Elections Amendment Act, 1973 (Act 79 of 1973) 1973 Fixes the House of Assembly at 165 members and allocates seats per province (Cape 55, Natal 20, OFS 14, Transvaal 76).
Engel (1999) Electoral and constitutional legislation (South Africa Act 1909; Acts of 1930, 1931, 1936, 1946, 1951, 1956, 1958, 1959, 1968, 1972, 1979, 1983) 1909–1983 Establishes the evolution of franchise extension for Europeans and restriction of non-European rights.
Laurence et al. (1913) Cape Act No. 39 of 1906 and Proclamations 160, 162, 194, 207-222 of 1911 and 252 of 1912 (new fiscal divisions and field cornetcies) 1906-1912 Documents the boundary changes of fiscal divisions, field cornetcies and municipalities that complicated redrawing Cape constituencies.
Laurence et al. (1913) South Africa Act, 1909, sections 32-34, 38-43 and 71 1909 Supplies the quota formula, the 15 per cent margin and the mandate to delimit constituencies.
Potgieter et al. (1966) Previous delimitation commissions' reports for South West Africa (Walvis Bay/islands) and South-West Africa Affairs Amendment Act 1949 1949-1965 Sets the legal basis for assigning the Lüderitz islands (17 voters) to Green Point and recommending an amendment.
Potgieter et al. (1966) Republic of South Africa Constitution Act No. 32 of 1961, ss. 42-44, as amended by Act No. 85 of 1965 1961-1965 Supplies the legal rules: 160 divisions, Republic-wide quota, 15% loading/unloading limit, seven factors, and the 10,000 sq mile proviso.
Potgieter et al. (1966) Separate Representation of Voters Act No. 46 of 1951, s. 6, as amended 1951-1965 Mandates delimiting four Coloured House of Assembly and two Provincial Council divisions on the Coloured voters' list within a 15% margin.
Price (1953) South Africa Act (incl. Section 40 and amendments on delimitation) 1909, amended before 1953 Defines the delimitation procedure and the 15% loading/unloading power underlying the rural over-representation argument.
Price (1953) South West Africa Representation legislation and 1950 SWA elections 1949-1950 Explains the six new Nationalist seats from SWA that increased the Government's working majority.
Walton and Hofmeyr (1912) South Africa Act 1909 and Draft Constitution (precis) 1909 Reproduced in the appendix; the outcome of the debates.