Constitution of the Union of South Africa

With regard to bills the two houses are not in a position of equality. Bills appropriating revenue or moneys, or imposing taxation, must originate in the House of Assembly and may not be amended by the Senate. If a bill passed by the Assembly has been twice rejected by the Senate, provision is made for a joint sitting of both houses, when members vote and decide upon the measure concerned as one body. In the case of a money bill rejected by the Senate a joint sitting to decide its fate may be held in the same session in which the Senate has failed to pass the bill. Every minister of State may sit and speak in either house, but can vote only in the house of which he is a member. Re-election is not necessary on the appointment of a member as a minister of State. Members are paid £700 a year, £3 being deducted for every day's absence during the session.

The Judicature.

A Supreme Court of Judicature for South Africa was created at the establishment of the Union. The former Supreme, High and Circuit Courts of the several colonies then became provincial and local divisions of the Supreme Court of South Africa, which consists of two divisions, namely the Su preme Court and the Appellate Division. Appeals from the de cisions of the provincial and local divisions of the court and from those of the High Court of Southern Rhodesia, must be made to the appellate division of the Supreme Court. Unless special leave of the privy council be obtained there can be no appeal from the decisions of the Appellate Division, save in admiralty cases. This restriction of the power of appeal to the privy council is much greater than are the restrictions upon appeals from the Com monwealth of Australia, where appeals to the privy council lie by right from the several State Supreme Courts. The difference arises the fact that the Commonwealth is a federation of States; whereas the Union of South Africa is but one State with but one Supreme Court. One result of this unification of the courts of South Africa is that any provincial or local division of the Su preme Court in which an action is begun can order its transference to another division if that course be deemed more convenient. Moreover the judgments of each provincial division can be regis tered and enforced in any other division. The administration of justice throughout the Union is vested in a minister of State. As prosecutor, each province has an attorney-general appointed by the governor-general.

Among the general provisions of the Constitution the most important is that both the English and Dutch languages are official languages of the Union and are treated on a footing of equality ; all records of parliament, and all notices of general public importance or interest issued by the Government of the Union must be in both languages. (Persons in the public service

at the establishment of the Union cannot, however, be dispensed with because of lack of knowledge of either English or Dutch.) Other general provisions enact free trade throughout the Union, but the customs and excise, leviable under the laws existing in any of the colonies at the establishment of Union, remain in force unless parliament otherwise provides. All persons who had been naturalized in any of the colonies are naturalized throughout the Union. All rights and obligations under conventions and agreements which were binding on any of the colonies have devolved upon the Union.

The harbours of Cape Town, Port Elizabeth, East London and Durban are State owned, as are also nearly all the railways in the Union. All revenues derived from these services are paid into a separate fund. The administration of the railways, ports and harbours is entrusted to a board of not more than three com missioners (appointed by the governor-general in council) pre sided over by a minister of State. Each commissioner holds office for five years and may be reappointed. The board is directed to administer its service on business principles, due regard being had to agricultural and industrial development, etc., within the Union. So far as may be the total earnings are not to be more than are sufficient to meet necessary outlays.

Provincial Administration.

The subjects delegated to the councils include direct taxation within the provinces for local revenue purposes, the borrowing of money (on the sole credit of the provinces) with the consent of the ministry; agriculture (within the limits defined by parliament) and municipal institu tions, divisional councils, and other local institutions. The control of elementary education was also guaranteed to the councils up to 1915, and thereafter until parliament otherwise provides.

The councils consist of not fewer than 25 members and not more than the number of members returned by the province to the House of Assembly. Constituencies are single. The quali fications for electors are the same as for parliament, and any person qualified to vote is qualified to be a member of the council. A5 in the Cape province coloured persons are qualified to vote, they are thus also qualified to be members of the provincial council. Any member of the provincial council who becomes a member of either House of Parliament thereupon ceases to be a member of such provincial council. Each provincial council con tinues for three years and is not subject to dissolution.