crap. m1] THE UNION OF SOUTH AFRICA 965
preside, and the rules of the Assembly shall prevail. Ministers
may speak in either House, but can only vote in that House
in which they have seats (s. 52).
The Parliament is given plenary power of legislation for
the Union,? subject to the requirement of the royal assent
and the possibility of disallowance by the Crown. The
Governor-General is to declare, according to his discretion,
but subject to the provisions of the Act and also to the royal
instructions, that he assents in the King’s name, or that he
withholds assent, or that he reserves a Bill for the signification
of the King’s pleasure. He may also return a Bill with
amendments for the further consideration of the House in
which it originated. The King may further disallow any
Act within a year after the assent of the Governor-General,
and such disallowance will, on being communicated to
Parliament by speech or message or by proclamation, have
offect as annulling the law. Similarly a reserved Bill must
be assented to within a year of the time when it was presented
to the Governor-General for the royal assent, or it will have
no effect. These rules differ in one or two points from the
established practice. They follow the example of the
Commonwealth in leaving to the Governor-General’s discre-
tion the question of reserving Bills, and in the original draft
made no allusion to the possibility of instructions being
given by the Crown to the Governor-General, a possibility
expressly recognized in the British North America Act, 1867
(s. 55), and in the Australian States Constitution Act, 1907.
Of course this did not really prevent the giving of instruc-
tions, as the Governor-General as an Imperial officer is subject
to His Majesty’s directions, or again the discretion he is to
use is not, it may be said, his individual discretion, but
his discretion as an Imperial officer ; but to avoid doubt the
Bloemfontein Conference inserted a reference to the royal
t So also in Vietoria under Act No. 1864, but there not as of right but
by permission, and only one minister at a time can use the permission;
the Union provision is that formerly in force in the Transvaal, Orange
River Colony, Cape, and Natal.
' g5, 59-67. This was advised by the Chief Justice of the Cape.
