Orange Free State Provincial Council
Encyclopedia
The Orange Free State Provincial Council was the Orange Free State
legislature. 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 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.
elections (like the Orange Free State), were divided into 25 provincial seats. However under the Constitution and Elections Amendment Act 1973, provinces with less than 20 House of Assembly seats (like Orange Free State at the time) were divided into twice as many electoral divisions for the provincial than the national elections. The effect of the change was to increase the size of the provincial council from 25 members to 28.
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’’.
Note: National Party, in the above table, includes the Purified National Party
(1935) and the Reunited National Party (1943–1949).
Orange Free State Province
Orange Free State Province was one of the four provinces of South Africa from 1910-1994.Its predecessor was the Orange River Colony.In 1994 it was dissolved. Its borders were largely conterminous with those of the modern Free State Province...
legislature. 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 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, Originally provinces with fewer than 25 single member electoral divisions, used for 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...
elections (like the Orange Free State), were divided into 25 provincial seats. However under the Constitution and Elections Amendment Act 1973, provinces with less than 20 House of Assembly seats (like Orange Free State at the time) were divided into twice as many electoral divisions for the provincial than the national elections. The effect of the change was to increase the size of the provincial council from 25 members to 28.
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 1935-1981
| Election | National Party | United Party | Total |
|---|---|---|---|
| 1935 | 6 | 19 | 25 |
| 1943 | 21 | 4 | 25 |
| 1949 | 24 | 1 | 25 |
| 1954 | 25 | - | 25 |
| 1959 | 25 | - | 25 |
| 1965 | 25 | - | 25 |
| 1970 | 25 | - | 25 |
| 1974 | 28 | - | 28 |
| 1977 | 28 | - | 28 |
| 1981 | 28 | - | 28 |
Note: National Party, in the above table, includes the Purified National Party
Purified National Party
The 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) and the Reunited National Party (1943–1949).