Senate of South Africa
Encyclopedia
The Senate was the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...

 of the Parliament
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....

 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...

 between 1910 and its abolition from 1 January 1981, and between 1994 and 1997.

1910-1981

Under white minority rule in the Union of South Africa
Union of South Africa
The Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...

, most of the Senators were chosen by an electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...

 consisting of Members of each of the four Provincial Councils and Members of the House of Assembly
House 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...

 (the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

 of Parliament, directly elected). The remaining Senators were appointed by the Governor General of the Union on the advice of the Prime Minister. The Senate's presiding officer was called the President, whereas his counterpart in the House of Assembly was the Speaker.

First Senate (1910–1920)

The South Africa Act 1909, which created the Senate, included special provisions for the selection of the first elected Senators. The Union Parliament was prohibited from changing the arrangements for the Senate during its first ten years.

The First Senate included eight Senators from each province. They were elected for a ten year term, by the members serving during the final session of the legislatures of each of the four colonies which joined the Union of South Africa. The election was by a form of the 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...

. The remaining eight seats were filled, by appointment (also for ten year terms) by the Governor General in Council (in effect by General Louis Botha
Louis Botha
Louis Botha was an Afrikaner and first Prime Minister of the Union of South Africa—the forerunner of the modern South African state...

's first Union government). Section 24 of the South Africa Act 1909 provided that, of the nominated Senators,
Casual vacancies in the representation of the provinces, in the First Senate only, were filled by an electoral college composed of the members of the relevant Provincial Council. New Senators, elected in this way, held the seat for the residue of the ten year term. Nominated Senators, appointed to fill vacancies, received a ten year term and did not have to vacate their seats at the end of the term for the provincial representatives.
The successful Senators are fairly described in the bulk as respectable rather than distinguished. Moreover the only candidates who stood a chance of election were drawn from the electors themselves, that is from the members of one or other House of the existing State Parliament. ... The effect of these limitations has been to fill the Senate with an elderly and rather unambitious type of politician, whose common qualification is that he once succeeded in entering Parliament and has proved himself "a good party man".


The composition, by party, of the provincial representatives in the First Senate included 18 representatives of the three colonial governing parties (six each from the South African Party of the Cape, Orangia Unie of the Orange River Colony and Het Volk of the Transvaal), eight Independent Senators from Natal (which did not have a party system before the Union), and six Senators from the opposition parties (two each from the Unionist Party of the Cape, the Constitutional Party of Orange River Colony and the Progressive Party of Transvaal).

Second Senate (1920-1929)

The eight Senators, elected for each province under the ordinary provisions for senate elections in the South Africa Act 1909, were returned by an electoral college composed of the members from the province in the House of Assembly and the Provincial Council. In 1920 the Senate term was for ten years and there was no provision for an earlier dissolution of the Senate.

The provisions for nominated Senators were unchanged from those in the First Senate.

The Second Senate had a small majority for the South African Party
South African Party
The 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...

 (SAP). However when the National Party
National 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...

 (NP) led Pact government took office in 1924, its supporters were in a minority in the Senate.

The Senate Act 1926 modified the original constitutional provisions for the Senate. A new power was conferred so that the Governor General in Council could dissolve the whole Senate (vacating both elected and nominated seats), either at the time of a general election for the House of Assembly or within 120 days of the election. Another provision required the nominated Senators to vacate their seats whenever there was a change of government.

After the South African general election, 1929
South African general election, 1929
In the 1929 South African general election, held on 14 June of that year, the National Party under James Barry Munnik Hertzog won an outright majority in tne House of Assembly. Hertzog had the opportunity to form a government without the aid of the Labour Party. In fact the Pact government...

 the Senate dissolution power was used for the first time, on 16 August 1929.

Third Senate (1929-1939)

The Third Senate had a small NP majority, in 1929. After the NP and the SAP formed a coalition in 1933 and fused to form the United Party
United 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...

 (UP) in 1934, the government had a large Senate majority.

The UP government passed the Representation of Natives Act 1936. This legislation affected the Senate by adding an additional four Senators to represent the black population of South Africa. The Native Representative Senators were white people, who held office for a fixed term and were not affected by a dissolution of the Senate. The new seats were filled by indirect election, the black electors being officeholders such as tribal chiefs and the members of local government bodies.

Just before the expiry of the ten year Senate term, the UP split over the issue of South Africa's participation in the Second World War. The followers of the former Prime Minister J. B. M. Hertzog entered the 1939 Senate election as a separate party, having left the United Party but not yet arranged a merger with the opposition Purified National Party.

Fourth Senate (1939-1948)

The provincial Electoral Colleges met on 17 November 1939. After the election and the filling of the nominated seats, the Senate was left with a pro-war majority. There were 24 pro-government Senators (20 UP including 7 nominated members, 2 Dominion Party and 2 Labour Party) and 16 opposition Senators (10 supporters of General Hertzog including one nominated member, and 6 Purified National Party). The four Native Representative Senators were also pro-war.

After the South African general election, 1948
South African general election, 1948
The parliamentary election in South Africa on 26 May 1948 represented a turning point in the country's history. The United Party, which had led the government since its foundation in 1933 and its leader, incumbent Prime Minister Jan Smuts was ousted by the Reunited National Party , led by Daniel...

 a Reunited National Party-Afrikaner Party coalition came to power, with minority support in the Senate. The new government used the dissolution power, to trigger a new Senate election. The Senate was dissolved, on 9 July 1948.

Fifth Senate (1948-1955)

The eight nominated Senators were appointed on 28 July 1948. The Electoral Colleges met, in the provincial capitals, on 29 July 1948. At the end of this process the government had 22 supporters (Reunited National Party 11, Afrikaner Party 2, Independent 1 and the 8 nominated Senators) and the opposition 21 (United Party 15, Labour Party 3, and Native Representatives 3). The fourth Native Representative seat was vacant.

The South-West Africa Amendement Act 1949, added four additional members to the Senate. Two were to be elected by an Electoral College, composed of the members of the South-West Africa Legislative Assembly and the six members of the House of Assembly from the territory. Two further Senators were to be nominated by the Governor General in Council. All four Senators chosen on 29 September 1950 were NP supporters.

Senate Act 1955 (Senate 1955-1960)

In 1955, Nationalist Prime Minister Johannes Strijdom wanted to amend one of the entrenched clauses in the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

, to separate Coloured
Coloured
In the South African, Namibian, Zambian, Botswana and Zimbabwean context, the term Coloured refers to an heterogenous ethnic group who possess ancestry from Europe, various Khoisan and Bantu tribes of Southern Africa, West Africa, Indonesia, Madagascar, Malaya, India, Mozambique,...

 voters from whites, but his party did not have the constitutionally required two-thirds majority in a joint session of both houses of Parliament. It was decided to alter the composition and electoral system for the Senate, to enable 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 to be validated. Consequently, Strijdom had the Senate Act 1955 passed to amend the constitution.

Instead of each province electing eight Senators, by proportional representation, the new system required provincial representatives to be selected by a first past the post election in the Electoral College. The effect of this was to enable the majority group from each province (NP in all the provinces, except for Natal) to secure all the seats available. In addition Cape Province and Transvaal had their representation increased to 22 and 27 seats respectively. The number of nominated Senators from the Union of South Africa was doubled from eight to sixteen, The representation of South-West Africa and black voters was unchanged.

Another change made in 1955 was to reduce Senatorial terms from ten years to five. The size of the Senate rose from 44 to 89 (increased to 90 in 1956 when a nominated Senator was added to "represent" the coloured population for a fixed term until 1962).

Senate Act 1960 (Senate 1960-1980)

At the end of the last term of the Native Representative Senators, in 1960, those seats were abolished. The Senate Act 1960 reduced the size of the Senate and reinstated proportional representation elections. However instead of going back to eight Senators per province, the Cape would have 11, Transvaal 14 (15 from 1970) and the two smaller provinces would retain 8 Senators. Again, the representation from South-West Africa was unchanged. The number of nominated Senators from the Union, went back to eight and the requirement for half of them to be acquainted with the 'reasonable wants and wishes' of non-white South Africans was abolished.

The Senate was reduced in size to 54 in 1960 and 53 in 1962 (as the representative of the coloured community retained his seat until 1962).

The Senate composition remained unchanged by the declaration of the Republic of South Africa in 1961, except that the State President
State President of South Africa
State President, or Staatspresident in Afrikaans, was the title of South Africa's head of state from 1961 to 1994. The office was established when the country became a republic in 1961, and Queen Elizabeth II ceased to be head of state...

 took over the role of the Governor-General in appointing Senators. Under the republican Constitution, the President of the Senate was to act as State President whenever that office was vacant, or if a state president was unable to perform his duties.

Section 28 (1) (a) of the Republic of South Africa Constitution Act 1961, provided that there should be "eight senators nominated by the State President of whom two shall be nominated from each province ...". The South Africa Act 1909 had not limited the number of nominated senators to be from any particular province.

Abolition of the Senate

In 1980, Prime Minister P.W Botha
Pieter Willem Botha
Pieter Willem Botha , commonly known as "P. W." and Die Groot Krokodil , was the prime minister of South Africa from 1978 to 1984 and the first executive state president from 1984 to 1989.First elected to Parliament in 1948, Botha was for eleven years head of the Afrikaner National Party and the...

 began a process of constitutional reform, and the Senate was abolished with effect from 1 January 1981. Some former Senators became members of an enlarged House of Assembly, chosen by the elected members. The President's Council, an advisory body consisting of white, coloured and Asian members only, occupied the former Senate chamber. In 1984, the chamber was converted for use as the House of Representatives
House of Representatives of South Africa
The House of Representatives of South Africa was an 80 seat body in the Tricameral Parliament of South Africa which existed from 1984-1994. It was reserved for Coloured South Africans...

, reserved for coloureds under the tricameral
Tricameral Parliament
The Tricameral Parliament was the name given to the South African parliament and its structure from 1984 to 1994, established by the South African Constitution of 1983...

 system. Black South Africans remained excluded from the political process.

1994-1997

Under the country's first non-racial Constitution in 1994, the Senate was once again the upper house of a bicameral parliament, the lower house being the National Assembly
National Assembly of South Africa
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...

. It was indirectly elected by members of each of the nine Provincial Legislatures, with each province having ten Senators. In 1997, the Senate was replaced by a National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...

 (NCoP), which retained the former Senate's membership, although changed its legislative and constitutional role.

Presidents of the Senate of South Africa (1910-1980 and 1994-1997)

No. Term Name
1 1910–1921 Francis William Reitz
Francis William Reitz
Francis William Reitz, Jr. was a South African lawyer, politician, statesman, publicist and poet, member of parliament of the Cape Colony, Chief Justice and fifth State President of the Orange Free State, State Secretary of the South African Republic at the time of the Second Boer War, and the...

2 1921–1929 H.C. van Heerden
3 1929–1930 R.A. Kerr
4 1930–1940 Christiaan Andries van Niekerk (1st time)
5 1940–1941 François Stephanus Malan
6 1942–1945 Philippus Arnoldus Myburgh
7 1946–1948 P.J. Wessels
8 1948–1961 Christiaan Andries van Niekerk (2nd time)
9 1961–1969 Jozua François Naudé
Jozua François Naudé
Jozua François Naudé served as Acting State President of South Africa from 1967 to 1968.A National Party politician for many years, he served as Minister of Posts and Telegraphs from 1950 to 1954, as Minister of Health from 1954 to 1958, and as Minister of Finance from 1958 to 1961...

10 1969–1976 Johannes de Klerk
Johannes de Klerk
Johannes de Klerk was a South African politician, a member of the National Party, Senator , Minister of Work and Public Works , Work and Mines , Home Affairs, Work and Immigration , Home Affairs, Education and Arts and Sciences , Education, Arts and Sciences and Information and National...

11 1976–1979 Marais Viljoen
Marais Viljoen
Marais Viljoen was the last ceremonial State President of South Africa from 4 June 1979 until 3 September 1984. Viljoen became the last of the ceremonial presidents of South Africa when he was succeeded in 1984 by an executive president, P. W. Botha.- Early life :Viljoen was the youngest of six...

 
12 1979–1980 Jimmy Kruger
Jimmy Kruger
James Thomas "Jimmy" Kruger was a South African politician who rose to the position of Minister of Justice and the Police in the cabinet of Prime Minister John Vorster from 1974 to 1979...

 
- 1981–1994 office not in existence
13 1994–1997 Kobie Coetsee
Kobie Coetsee
Hendrik Jacobus Coetsee was a South African lawyer, National Party politician and administrator as well as a negotiator during the country's transition to democracy....


Composition by province and type of Senator (1910-1980)

Period Cape Nat OFS SWA Tvl Total ord. Nom NRS Total Sen.
1910–1937 8 8 8 - 8 32 8 - 40
1937–1950 8 8 8 - 8 32 8 4 44
1950–1955 8 8 8 2 8 34 10 4 48
1955–1956 22 8 8 2 27 67 18 4 89
1956–1960 22 8 8 2 27 67 19 4 90
1960–1962 11 8 8 2 14 43 11 - 54
1962–1970 11 8 8 2 14 43 10 - 53
1970–1980 11 8 8 2 15 44 10 - 54


Abbrieviations and notes:-
  • Ordinary Senators (returned at general Senate elections)
  • Cape: Cape of Good Hope
  • Nat: Natal
  • OFS: Orange Free State
  • SWA: South-West Africa (represented in the Senate from 1950)
  • Tvl: Transvaal

  • Nominated and representative Senators (not selected at general Senate elections)
  • Nom: Nominated Senators: South Africa 8 (1910–1955), 16 (1955–1960), 8 (from 1960); South-West Africa 2 (from 1950); Coloured representative 1 (1956–1962). After 1961, the eight South African nominees were required to be split into two per province.
  • NRS: Native representative Senators (represented in the Senate 1937-1960)

Composition by party (1948-1980)

Fifth Senate (1948–1955) Previous Senate dissolved 9 July 1948.
Election of ordinary Senators on 29 July 1948 and appointment of nominated Senators on 28 July 1948 (Native representatives unaffected).
Party Cape Nat OFS Tvl Total Nom NRS Total
United 4 6 1 4 15 - - 15
Reunited National 3 - 5 3 11 - - 11
Nominated - - - - - 8 - 8
Labour 1 1* - 1* 3 - - 3
NRS - - - - - - 3 3
Afrikaner - - 2 - 2 - - 2
Independent - 1 - - 1 - - 1
vacant - - - - - - 1 1
Total 8 8 8 8 32 8 4 44


Notes:-
  • (1) The nominated Senators were supporters of the Reunited National-Afrikaner coalition, but their party allegiances are not reported in the source used.
  • (2)* The source used gives returns for 7 Natal and 9 Transvaal Senators, which is clearly wrong. The second Labour Senator attributed to Transvaal has been re-allocated to Natal, as this seems the most likely distribution, having regard to the composition of the electoral colleges and the overall results.


Sixth Senate (1955–1960) Previous Senate dissolved 4 November 1955.
Election of ordinary Senators on 25 November 1955 and appointment of nominated Senators on 6 December 1955 (Native representatives unaffected).
Party Cape Nat OFS SWA Tvl Total Nom NRS Total
National 22 - 8 2 27 59 18 - 77
United - 8 - - - 8 - - 8
NRS - - - - - - - 4 4
Total 22 8 8 2 27 67 18 4 89


Seventh Senate (1960–1965)
Election of ordinary Senators on 26 October 1960 and appointment of nominated Senators on 16 November 1960 (Coloured representative unaffected).
Party Cape Nat OFS SWA Tvl Total Nom Total
National 7 1 8 2 10 28 10 38
United 4 7 - - 4 15 - 15
Coloured rep. - - - - - - 1 1
Total 11 8 8 2 14 43 11 54


Eighth Senate (1965–1970)
Election of ordinary Senators on 26 November 1965 and appointment of nominated Senators 1965.
Party Cape Nat OFS SWA Tvl Total Nom Total
National 7 2 8 2 11 30 10 40
United 4 6 - - 3 13 - 13
Total 11 8 8 2 14 43 10 53


Ninth Senate (1970–1974)
Election of ordinary Senators on 16 November 1970 and appointment of nominated Senators 1970.
Party Cape Nat OFS SWA Tvl Total Nom Total
National 8 1 8 2 12 31 10 41
United 3 7 - - 3 13 - 13
Total 11 8 8 2 15 44 10 54


Tenth Senate (1974–1980)
Election of ordinary Senators on 30 May 1974 and appointment of nominated Senators 1974.
Party Cape Nat OFS SWA Tvl Total Nom Total
National 8 2 8 2 12 32 10 42
United 3 6 - - 3 12 - 12
Total 11 8 8 2 15 44 10 54
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