1961 Constitution of South Africa

E127352

The 1961 Constitution of South Africa was the founding republican charter that replaced the British monarch with a state president and redefined the country’s governance framework during the apartheid era.

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All labels observed (5)

Statements (48)

Predicate Object
instanceOf constitution
founding republican charter
adopted 1961
amendmentProcedure ordinary parliamentary process with special majorities for some provisions
appliedTo white, Coloured, and Indian representation under apartheid-era arrangements
cameIntoForce 31 May 1961
category 1961 in law
Apartheid-era legislation
1961 Constitution of South Africa self-linksurface differs
surface form: Constitutions of South Africa
citizenshipProvisions defined South African citizenship in the new republic
country South Africa
createdOffice State President of South Africa
defined framework of republican government in South Africa
didNotInclude entrenched bill of rights
didNotRecognize universal adult suffrage
entrenched white minority rule
excluded the vast majority of Black South Africans from national political power
executivePowerExercisedOnAdviceOf Cabinet of South Africa
executivePowerVestedIn State President of South Africa
followedBy South African Constitution of 1983
surface form: 1983 Constitution of South Africa
formOfGovernmentEstablished republic
franchiseSystem racially restricted electorate
governanceFramework parliamentary system with a ceremonial state president
headOfGovernmentTitle Prime Minister of South Africa
headOfStateSelectionMethod election by Parliament
historicalContext transition from dominion status to republic within the Commonwealth question
ideologicalContext apartheid policy of the National Party government
judicialReviewScope limited to procedural and ultra vires questions
language Afrikaans
English
legalSystemContext apartheid-era South Africa
legislatureType bicameral parliament
lowerHouse House of Assembly of the Union of South Africa
surface form: House of Assembly of South Africa
maintained parliamentary sovereignty
unitary state structure
precededBy South Africa Act 1909
primeMinisterRole head of government
promulgatedBy Parliament of South Africa
relatedEvent 1960 South African republic referendum
replaced constitutional monarchy in South Africa
replacedHeadOfState British monarch
retained many institutional features of the South Africa Act 1909
rightsProtectionMechanism parliamentary legislation rather than constitutional bill of rights
statePresidentRole largely ceremonial head of state
status supreme law of South Africa from 1961 to 1983
symbolicEffect formal severance of constitutional ties to the British Crown
territorialScope Dominion of South Africa
surface form: Union of South Africa / Republic of South Africa
upperHouse Senate of South Africa

Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

President of South Africa establishedUnder 1961 Constitution of South Africa
State President of South Africa createdBy 1961 Constitution of South Africa
this entity surface form: Republic of South Africa Constitution of 1961
State President of South Africa officeCreatedUnder 1961 Constitution of South Africa
1961 Constitution of South Africa category 1961 Constitution of South Africa self-linksurface differs
this entity surface form: Constitutions of South Africa
South African Constitution of 1983 precededBy 1961 Constitution of South Africa
this entity surface form: South African Constitution of 1961
South Africa Act 1909 repealedBy 1961 Constitution of South Africa
this entity surface form: Constitution of the Republic of South Africa, 1961