South Africa Act Amendment Act, 1956

by enacted by the Parliament of South Africa

Act

To give force of law to the Separate Representation of Voters Act, 1951, to define the jurisdiction of courts of law to pronounce upon the validity of laws passed by Parliament, and to amend the South Africa Act, 1909.

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(Afrikaans text signed by the Governor-General.)
(Assented to 1st March, 1956.)

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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, in accordance with the requirements of section one hundred and fifty-two of the South Africa Act, 1909, as follows:―

Act 46 of 1951 given the force of law.

1. The Separate Representation of Voters Act, 1951 (Act No. 46 of 1951), published under Government Notice No. 1498 of the eighteenth day of June, 1951, shall have the force of law with effect from the date of commencement of this Act, which date shall for all purposes be deemed to be the date of commencement of the firstmentioned Act.

Courts of law not competent to pronounce upon the validity of certain laws passed by Parliament.

2. No court of law shall be competent to enquire into or to pronounce upon the validity of any law passed by Parliament other than a law which alters or repeals or purports to alter or repeal the provisions of section one hundred and thirty-seven or one hundred and fifty-two of the South Africa Act, 1909.

Amendment of section 35 of the South Africa Act, 1909, as amended by section 44 of Act 12 of 1936.

3. Section thirty-five of the South Africa Act, 1909, is hereby amended―

(a)		by the deletion in sub-section (1) of all the words after the word “Assembly” where it occurs for the ‘first time; and
(b)		by the deletion of sub-section (2).

Amendment of section 152 of the South Africa Act, 1909.

4. Section one hundred and fifty-two of the South Africa Act, 1909, is hereby amended by the deletion in the proviso thereto of the words “that no provision thereof, for the operation of which a definite period of time is prescribed, shall during such period be repealed or altered: And provided further” and of the words “or in sections thirty-three and thirty-four (until the number of members of the House of Assembly has reached the limit therein prescribed, or until a period of ten years has elapsed after the establishment of the Union, whichever is the longer period),” and by the substitution in the said proviso for the words “sections thirty-five and” of the word “section”.

Short title.

5. This Act shall be called the South Africa Act Amendment Act, 1956.