Senate Act, 1960

by enacted by the Parliament of South Africa

Act

To amend the South Africa Act, 1909, the South-West Africa Affairs Amendment Act, 1949, and the Senate Act, 1955.

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(Afrikaans text signed by the Governor-General.)
(Assented to 25th May, 1960.)

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Be it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

Amendment of section 52 of South Africa Act, 1909, as amended by section 1 of Act 3 of 1959.

1. Section fifty-two of the South Africa Act, 1909, is hereby amended―

(a)		by the deletion of the words “being chosen or of”; and
(b)		by the addition of the following sub-section, the existing section becoming sub-section (1): “(2) A member of either House of Parliament who is chosen as a member of the other House, shall cease to be a member of such first-mentioned House with effect from the date upon which he becomes a member of such other House.”.

Amendment of section 30 of Act 23 of 1949, as amended by section 10 of Act 53 of 1955.

2. Section thirty of the South-West Africa Affairs Amendment Act, 1949, is hereby amended―

(a)

by the substitution for paragraphs (b), (c) and (d) of sub-section (4) of the following paragraphs:

“(b)		The election of such senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(c)		The Governor-General may make regulations prescribing the method of voting and of transferring and counting votes, and the duties of returning officers in connection with any such election.”;

(b)

by the substitution in paragraph (a) of sub-section (6) for the expression “the South Africa Act, 1909, and the Representation of Natives Act, 1936” of the expression “the Separate Representation of Voters Act, 1951, and the Senate Act, 1955"; and

(c)

by the substitution in paragraph (b) of that sub-section for the expression “the South Africa Act, 1909” of the expression “the Senate Act, 1955”.

Amendment of section 2 of Act 53 of 1955.

3. Section two of the Senate Act, 1955 (hereinafter referred to as the principal Act), is hereby amended―

(a)

by the deletion in sub-section (1) of the expression “the Representation of Natives Act, 1936, and of”, and the insertion after the expression “1949” of the expression “and the Separate Representation of Voters Act, 1951";

(b)

by the deletion of paragraph (a) of that sub-section and the substitution therefor of the following paragraph:

“(a)

eight senators nominated by the Governor-General, of whom two shall be nominated from each province of the Union; and”;

(c)

by the deletion in paragraph (b) of that sub-section of the expression “(to the nearest figure)”, and the substitution in that paragraph for the word “one-fifth” of the word “one-tenth”;

(d)

by the insertion after sub-section (1) of the following sub-section :

“(1)bis Where in the case of any province the figure to be divided by ten for the purpose of determining the number of senators to be elected in respect of that province in terms of paragraph (b) of sub-section (1) is not a multiple of ten, that figure shall for the said purpose be assumed to be the lowest multiple of ten above the said figure.”; and

(e)

by the substitution in sub-section (2) for the expression “Representation of Natives Act, 1936” of the expression “Separate Representation of Voters Act, 1951”.

Amendment of section 3 of Act 53 of 1955.

4. Section three of the principal Act is hereby amended by the substitution for sub-section (2) of the following sub-section:

“(2)  (a)

The Governor-General shall when nominating senators have regard to the desirability of ensuring that the Senate will as far as practicable consist of persons having knowledge of matters affecting the various interests of the inhabitants of the Union.

(b)

When nominating senators, the Governor-General shall have regard further to the requirement that at least one of the two senators nominated from each province under this section shall be thoroughly acquainted, by reason of official experience or otherwise, with the interests of the coloured population in the province concerned for which the said senator is nominated, and that the said senator should be capable inter alia of serving as the channel through which the interests of the said coloured population in the province concerned may be promoted.

(c)

For the purposes of this sub-section, the coloured population of any province shall be deemed to consist of persons who are members of the Cape Coloured Group, the Malay Group, the Griqua Group or the Other Coloured Group as defined in paragraph (d).

(d)

For the purposes of this sub-section the―

(i)		Cape Coloured Group includes any person who in fact is, or is generally accepted as a member of the race or class known as the Cape Coloureds;
(ii)		Malay Group includes any person who in fact is, or is generally accepted as a member of the race or class known as the Cape Malays;
(iii)		Griqua Group includes any person who in fact is, or is generally accepted as a member of the race or class known as the Griquas; and
(iv)		Other Coloured Group includes any person who is not included in the Cape Coloured Group, the Malay Group or the Griqua Group, nor in the Chinese Group, the Indian Group or the Other Asiatic Group as defined in Proclamation No. 46 of 1959 issued under the provisions of sub-section (2) of section five of the Population Registration Act, 1950 (Act No. 30 of 1950), and who is not a white person or a native as defined in section one of that Act.”.

Amendment of section 4 of Act 53 of 1955.

5. Section four of the principal Act is hereby amended―

(a)		by the substitution in sub-section (2) for the expression “Representation of Natives Act, 1936” of the expression “Separate Representation of Voters Act, 1951”;
(b)		by the substitution for sub-sections (3), (4) and (5) of the following sub-sections: “(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote. (4) The Governor-General may make regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with any such election.”.

Standing committees.

6. The Senate may from time to time establish standing committees for various matters as it may deem fit, and any Minister of State or deputy of a Minister of State may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.

Announcing of legislation intended to be introduced in Senate.

7. The Prime Minister or any Minister of State acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.

Transition provisions.

8. (1) Any person holding office as a senator at the commencement of this Act, shall continue to hold such office as if this Act had not been passed.

(2) A vacancy in the Senate as constituted immediately prior to the commencement of this Act, shall not be filled, irrespective of whether such vacancy occurred before the said commencement or occurs thereafter.

(3) The period of office of any senator elected or nominated in terms of the principal Act, as amended by this Act, or in terms of section thirty of the South-West Africa Affairs Amendment Act, 1949, as so amended, after the commencement of this Act, but prior to the twenty-fifth day of November, 1960, in the case of an elected senator, or the sixth day of December, 1960, in the case of a nominated senator, shall commence―

(a)		in the case of an elected senator, on the twenty-fifth day of November, 1960; and
(b)		in the case of a nominated senator, on the sixth day of December, 1960.

Short title.

9. This Act shall be called the Senate Act, 1960.