South Africa’s Second Constitution
1961
Original Preamble to the Republican Constitution, adopted on 31 May 1961. Parliament of South Africa
Prime Minister Verwoerd’s dream was to turn South Africa into a Republic ruled by the Afrikaner and free from British interference. This would allow the South African government to deal with its ’native problem’ in whatever way it chose, without reference to the British Crown. An all-white referendum held on 5 October 1960 indicated that 52 percent of white citizens were in favour of a Republic. With this mandate, Verwoerd passed legislation to turn the Union into the Republic of South Africa. Having made this constitutional change, Verwoerd was obliged to request from fellow members of the British Commonwealth that South Africa remain a member. His request, however, was met with so much antagonism because of South Africa’s policy of apartheid that Verwoerd withdrew his application saying:
No self-respecting member of any voluntary organisation could, in view of … the degree of interference shown in what are South Africa’s domestic affairs, be expected to wish to retain membership in what is now becoming a pressure group.
HF Verwoerd
Then Prime Minister of South Africa
Mandela addresses the All-in African Conference in Pietermaritzburg, May 1961. Bailey’s African History Archives / Africa Media Online
One month before South Africa was declared a Republic, Nelson Mandela made a last effort to stop the process. Although the ANC was banned, the organisation continued to campaign for constitutional rights from its underground headquarters. In a letter to Verwoerd, Mandela reminded him of the demands of the ANC and its allies for a national convention of elected representatives “on an equal basis irrespective of race, colour, creed or other limitation” to decide on a new non-racial democratic constitution for South Africa. As he said, “No constitution or form of Government decided without the participation of the African people who form an absolute majority of the population can enjoy moral validity or merit support either within South Africa or beyond its borders.”
Verwoerd did not respond. The All-in African Conference, attended by 1 400 delegates from a range of religious, cultural and political organisations, called for a 3-day stay-at-home and received considerable support throughout the country. On the third day of the strike, 31 May 1961, the Republic of South Africa came into being. Mandela knew that their demands wouldn’t be met but wanted to draw international attention to their demands.
Ever since the All-in African Conference at Pietermaritzburg, the issue that dominated South African politics and that attracted pressmen from all over the world was not the Republican celebrations organised by the government, but the stirring campaign of the African people and other non-White sections to mark our rejection of a White Republic forcibly imposed upon us by a minority. Few political organisations could have succeeded in conducting such a stubborn and relentless campaign under conditions which, for all practical purposes, amounted to martial law. But we did.
Nelson Mandela
then leader of the ANC
However, it would be over 30 years before the ANC and the demands of its allies were met.
The Constitution of the Republic of South Africa, 1961
After being sworn in, State President CR Swart is accompanied by a mounted escort to Church Square in Pretoria, 31 May 1961.
South Africa’s second constitution was largely unchanged from its first. In becoming a Republic, South Africa cut many British connections. Queen’s Counsels became known as Senior Counsels; the ‘Royal’ title was dropped from the names of some South African regiments; and rands and cents replaced pounds, shillings and pence. But the parliamentary system remained unchanged. The Union flag remained the national flag of South Africa until 1994. Apartheid repression was still the order of the day for nearly ninety per cent of the population.
As a conciliatory gesture to English-speaking whites opposed to a Republic, there was no executive presidency. The authority of the British Crown and Governor-General was merged into a new position, that of State President, who was to be elected by Parliament but had very little real power and performed mainly ceremonial duties.
Coloured voters were finally removed from the common voters’ roll and were placed on a separate list in 1956. They became entitled to vote for a small number of white Members of Parliament to represent their interests. In 1968, even these indirect representatives were abolished, leaving both the Senate and the House of Assembly to represent white voters only. Instead, a Coloured Persons’ Representative Council (CPRC) consisting of 40 elected coloured representatives and 20 nominated white members was instituted. The council would be able to pass laws about parochial matters affecting coloured people. The CPRC proved largely ineffectual and was but a prelude to the equally ineffectual Tricameral Parliament, created in 1983.
