Die konstitusionele ontwikkeling van Suidwes-Afrika, 1919-1926

Thesis (MA)--PU vir CHO, 1985On 9 July 1915 the Peace of Korab ended the period of German rule in South West Africa. The subsequent military rule was an uncertain transitional period as the future destiny of South West Africa had to be determined by the delegates to Paris firstly. The establishment of the mandatary system reconciled the clashing viewpoints on the destiny of the German colonies. South West Africa was allocated to the Union of South Africa as a c-mandate. Under Act 49 of 1919 the Union accepted its mandatary obligation regarding South West Africa. General J.C. Smuts followed up his promise with regard to greater self-rule for Southwesters which he made in his speech on 16 September 1920 by appointing the De Wet commission on 12 October 1920. The Commission, who had to investigate future self-rule in South West Africa, recommended in its interim report of 11 November 1920 that an Advisory Council be instituted to assist the Administrator. The period of civil administration began on 1 January 1921. On 3 January 1921 the Administrator nominated six Advisory Council members following nominations by local organisations submitted to him. The Advisory Council being very aware of its shortcomings as a nominated body already in September 1921 recommended that a legislative as well as an executive Council be instituted. The Advisory Council persistently addressed representations to the Union Government in this respect. On 13 December 1924 the Advisory Council adopted a resolution with 29 articles requesting the institution of a Legislative Council existing of 12 elected and 12 nominated members. In May 1925 the Advisory Council adopted the Union's draft proclamation regarding self-rule which was largely based on the Advisory Council resolution of December 1924. 225. Before greater self-rule was to be given to South West Africa, the Union government was determined to solve the issue of German citizenship. The Prime Minister, General J.C. Smuts, was of the opinion that the Germans had to be declared Union citizens by legislation with the right to individuals to object in writing. After he had tested the German feeling in this respect, he obtained the approval of the Council of the • League of Nations on 23 April 1923 to naturalise the Germans automatically. He obtained the co-operation of the German government in this respect with the London Agreement of 23 October 1923 and subsequently persuaded a German deputation in January 1924 to accept this arrangement and to influence their fellow South West Germans accordingly. The result was that 92.5% accepted naturalisation. Consequently the South West Africa Constitution Act was adopted in 1925. This made provision for the institution of a Legislative Assembly, an Executive Committee and an Advisory Council. According to this the Union remained the highest authority in South West Africa by retaining certain temporary and permanent reserved powers. Twelve members of the Legislative Assembly had to be elected while six had to be nominated. Five parties took part in the election of 25 May 1926. The Southwesters ' striving to greater self-rule was proved by the fact that 76% of the registered votes were brought out. The successful election agreement reached between the Deutscher Bund and the Nationalist Party was of great importance; the German section won seven seats and the Union section only five. The new Legislative Assembly started its first session on 15 June 1926. A great task awaited this body as they had to prove their ability to manage South West Africa effectively. Should they have been able to have proved this, the Union Government would gladly have transferred its temporary reserved powers to the Legislative Assembly.Master