Cape Provincial Council
Encyclopedia
The Cape Provincial Council was the legislature of the Cape Province
of South Africa
. It was created by the South Africa Act 1909
, with effect from the formation of the Union of South Africa on 31 May 1910. The first election to the provincial council took place on 15 September 1910 (also the day of the South African general election, 1910
).
The provincial council continued to exist until 1986, when its functions were transferred to a strengthened executive authority appointed by the State President. The province itself was disbanded in 1994, when the provinces were reconstructed.
used the same boundaries for provincial council elections as well.
In addition to the general roll electoral divisions, some additional provincial council seats were created in Cape Province for periods when black and coloured voters were still enfranchised, but had been removed from the general roll. This policy was effected (for black voters) by the Representation of Native Act 1936 and (for coloured voters) by the Separate Representation of Voters Act
1951.
Originally the term of the provincial council was five years, from the first meeting of the council after it was elected. The administrator of the province fixed the date for the meeting, but the provincial council had to meet at least once a year. The South African Parliament could alter the term by legislation (as it did when the provincial elections due in 1941 were postponed until 1943), but there was no general power to dissolve a provincial council before its statutory term expired.
Under the Constitution and Elections Amendment Act 1973, the State President was given the power to dissolve the provincial councils at the same time as the House of Assembly, so that the subsequent provincial election could took place on the same day as a parliamentary general election.
The administrator of the province was described, in section 68 (1) of the South Africa Act 1909, as “a chief executive officer … in whose name all executive acts relating to provincial affairs therein shall be done”.
The administrator was appointed, by the national government, for a five year term and could not be removed except by the Governor General for “cause assigned”. The administrator was not responsible to the provincial council and it had no power to remove him from office. The administrator was the chairman of the provincial executive committee and had both an original and casting vote in its deliberations.
The provincial council elected four persons (usually members of the provincial council), who together with the administrator formed the provincial executive committee. The four members were elected by single transferable vote
, so were not necessarily all from the same party.
It was provided, by Section 80 of the South Africa Act 1909, that “the executive committee shall on behalf of the provincial council carry on the administration of provincial affairs’’.
Key to parties:-
Cape Province
The Province of the Cape of Good Hope was a province in the Union of South Africa and subsequently the Republic of South Africa...
of South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. It was created by the South Africa Act 1909
South Africa Act 1909
The South Africa Act 1909 was an Act of the British Parliament which created the Union of South Africa from the British Colonies of the Cape of Good Hope, Natal, Orange River Colony, and the Transvaal Colony. The Act also made provisions for admitting Rhodesia as a fifth province of the Union in...
, with effect from the formation of the Union of South Africa on 31 May 1910. The first election to the provincial council took place on 15 September 1910 (also the day of the South African general election, 1910
South African general election, 1910
The 1910 South African general election was held for the 121 seats in the House of Assembly of the Union of South Africa, on 15 September 1910. This was the first general election, after the Union came into force on 31 May 1910....
).
The provincial council continued to exist until 1986, when its functions were transferred to a strengthened executive authority appointed by the State President. The province itself was disbanded in 1994, when the provinces were reconstructed.
Election system and terms
The provincial council was composed of members elected, by the first past the post electoral system, from single member electoral divisions. Provinces (like Cape Province) with more than 25 general roll seats in the House of AssemblyHouse of Assembly of South Africa
The House of Assembly was the lower house of the Parliament of South Africa from 1910 to 1984, and latterly the white representative house of the Tricameral Parliament from 1984 to 1994, when it was replaced by the current National Assembly...
used the same boundaries for provincial council elections as well.
In addition to the general roll electoral divisions, some additional provincial council seats were created in Cape Province for periods when black and coloured voters were still enfranchised, but had been removed from the general roll. This policy was effected (for black voters) by the Representation of Native Act 1936 and (for coloured voters) by the Separate Representation of Voters Act
Separate Representation of Voters Act
The Separate Representation of Voters Act No. 46 was introduced in South Africa on 18 June 1951. Part of the legislation during the apartheid era, the National Party introduced it to enforce racial segregation, and was the start of a deliberate process to remove all non-white people from the...
1951.
Originally the term of the provincial council was five years, from the first meeting of the council after it was elected. The administrator of the province fixed the date for the meeting, but the provincial council had to meet at least once a year. The South African Parliament could alter the term by legislation (as it did when the provincial elections due in 1941 were postponed until 1943), but there was no general power to dissolve a provincial council before its statutory term expired.
Under the Constitution and Elections Amendment Act 1973, the State President was given the power to dissolve the provincial councils at the same time as the House of Assembly, so that the subsequent provincial election could took place on the same day as a parliamentary general election.
Executive committee
Executive powers were shared by the administrator and an executive committee. This arrangement was neither the traditional 'Westminster' model (such as that which existed at the Union level of government) or a United States style separation of powers between the executive and legislative parts of the government.The administrator of the province was described, in section 68 (1) of the South Africa Act 1909, as “a chief executive officer … in whose name all executive acts relating to provincial affairs therein shall be done”.
The administrator was appointed, by the national government, for a five year term and could not be removed except by the Governor General for “cause assigned”. The administrator was not responsible to the provincial council and it had no power to remove him from office. The administrator was the chairman of the provincial executive committee and had both an original and casting vote in its deliberations.
The provincial council elected four persons (usually members of the provincial council), who together with the administrator formed the provincial executive committee. The four members were elected by single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
, so were not necessarily all from the same party.
It was provided, by Section 80 of the South Africa Act 1909, that “the executive committee shall on behalf of the provincial council carry on the administration of provincial affairs’’.
Election results, by party 1917 and 1935-1981
| Election | National Party | South African Party | Unionist Party | Total |
|---|---|---|---|---|
| 1917 | 15 | 11 | 19 | 45 |
| Election | NP | UP | Lab | PFP | Dom | Ind | SAP | Others | Total |
|---|---|---|---|---|---|---|---|---|---|
| 1935 | 20 | 32 | - | - | - | - | - | 9 | 61 |
| 1943 | 18 | 34 | 2 | - | 1 | 1 | - | - | 56 |
| 1949 | 26 | 28 | 1 | - | - | - | - | - | 55 |
| 1954 | 30 | 24 | - | - | - | - | - | 2 | 56 |
| 1959 | 33 | 21 | - | - | - | - | - | - | 54 |
| 1965 | 35 | 17 | - | 2 | - | - | - | - | 54 |
| 1970 | 36 | 18 | - | - | - | - | - | - | 54 |
| 1974 | 37 | 17 | - | 1 | - | - | - | - | 55 |
| 1977 | 44 | 2 | - | 6 | - | - | 3 | - | 55 |
| 1981 | 44 | 1 | - | 10 | - | - | - | - | 55 |
Key to parties:-
- NP: Purified National PartyPurified National PartyThe Purified National Party was a break away from Hertzog's National Party which lasted from 1935 to 1948.In 1935, the United Party was formed out of the merger between Hertzog's National Party and the rival South African Party of Jan Smuts...
(1935), Reunited National Party (1943–1949), National PartyNational Party (South Africa)The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
(1954–1981) - UP: United PartyUnited Party (South Africa)The United Party was South Africa's ruling political party between 1934 and 1948. It was formed by a merger of most of Prime Minister Barry Hertzog's National Party with the rival South African Party of Jan Smuts, plus the remnants of the Unionist Party...
(1935–1974), New Republic PartyNew Republic PartyThe New Republic Party was a South African political party. It was formed as the successor to the disbanded United Party in 1977. After the UP wound up, initially the last UP leader, Sir de Villiers Graaff served as the interim national leader of the new party, with Radclyffe Cadman as...
(1977–1981) - Lab: South African Labour Party
- PFP: Progressive PartyProgressive Party (South Africa)The Progressive Party was a liberal party in South Africa that opposed the ruling National Party's policies of apartheid, and championed the Rule of Law. For years its only member of parliament was Helen Suzman...
(1965–1974), Progressive Federal PartyProgressive Federal PartyThe Progressive Federal Party was a South African political party formed in 1977. It advocated power-sharing in South Africa through a federal constitution, in place of apartheid...
(1977–1981) - Dom Dominion Party
- Ind Independent
- SAP South African PartySouth African PartyThe South African Party was a political party that existed in the Union of South Africa from 1911 to 1934.-History:The outline and foundation for the party was realized after the election of a 'South African party' in the 1910 South African general election under the leadership of Louis Botha...
- Others Vacant seat