Full text: Responsible government in the Dominions (Vol. 2)

cEaP. 1] THE UNION OF SOUTH AFRICA 1001 
trouble, as was seen in 1910 when the proposal to alter the 
financial provisions of the Act-were rejected at the referendum, 
though the Act to enable the Commonwealth to take over 
all the debts of the states was accepted and became law as 
Act No. 3 of 1910, while in 1911 two referenda failed. 
In the case of the Union, as no real attempt is made at 
a federation there would appear to be no objection to the 
power of simple alteration, which is in keeping with the 
existing practice in the Colonies of South Africa. In Natal 
and the Cape! constitutional alterations needed no special 
form of legislation whatever, and the only requirement in the 
case of the Transvaal and the Orange River Colony 2 was that 
the Bills for such alterations must by law be reserved. The 
only need for special provision arises, therefore, from the 
desire to make certain parts of the Constitution especially 
sacred, such as the representation of the provinces in the 
Assembly, the use of the Dutch language, and the Cape native 
vote. The equal representation of the provinces in the Senate 
is not subjected to provincial control. 
Further, of course, the restriction imposed on the Trans- 
vaal and Orange River Colony Legislatures as to legislation 
affecting differentially natives, or allowing the immigration 
of indentured coloured labour and the temporary withdrawal 
from their power of land settlement, must disappear with 
union® It should, however, be noted that the Imperial 
Government thus surrenders a good deal, for the legislation 
of the provinces will be wholly removed from its direct 
control. 
While, however, the first convention was prepared to leave 
the amendment of the Constitution to Parliament subject 
Cf. The Government of South Africa, i. 444, 448, 449 (on pp. 443, 451 
the case of Newfoundland is overlooked). 
® Ibid., p. 452. The theory there and elsewhere expressed that the 
egislature cannot amend the letters patent constituting the office of 
Governor is quite erroneous. 
® See Hansard, ser, 4, clxvii, 1064 seq. The broader view of such 
questions natural to the Union is seen in the immigration Bill of 1911 
of the Union, with its abandonment of nominatim discrimination; see 
Parl, Pap., Cd. 5579, and cf. Cd. 5363.
	        
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