189
THIS DOCUMENT IS T H E P R O P E R T Y O F H E R B R I T A N N I C M A J E S T Y ' S G O V E R N M E N T
Printed
for the Cabinet.
March
C. (61) 39
17 th March, 1961
1961
Copy No.
32
CABINET
SOUTH A F R I C A - C O N S E Q U E N C E S OF WITHDRAWAL
COMMONWEALTH
FROM
THE
MEMORANDUM BY THE SECRETARY OF STATE FOR COMMONWEALTH RELATIONS
We shall clearly now have to negotiate with the South African Government
across the board to preserve bilateral interests. Dr. Verwoerd for his part has
already expressed a desire to maintain good relations and to co-operate with us
as in the past.
2. Officials have completed a detailed study of the effects on British interests
of South Africa's withdrawal from the Commonwealth and on varying ways in
which we might treat her as a foreign country. I hope shortly to circulate a fuller
memorandum on this.
3. Meanwhile it is clear that the range of interests on both sides is so wide
that it would be impossible for us to arrive at a permanent settlement with the Union
Government before the Republic is declared and South Africa formally ceases to
be a Commonwealth member on 31st May. Our negotiations will have to cover,
among other matters, such major questions as citizenship, preferences, defence and
the future of the High Commission Territories.
4. Whatever settlement we reach and whatever the treatment we then decide
to afford South Africa, further legislation will certainly be required. This in turn
will need careful preparation.
5. Meanwhile in order t o hold the position and to allay doubts and
speculation, not least as regards citizenship, I recommend that we should introduce,
with a view to its enactment prior to 31st May, a short standstill Bill. I annex a
draft. The purpose of this Bill would be to preserve the existing position for a
period of say 10 months from 31st May. During that time, which would give us
elbow room for negotiation, South Africa would continue t o be treated under
United Kingdom law as though she were still a Commonwealth country. I think
that this would be perfectly acceptable to our Commonwealth partners. It is
certainly the most practical way of ensuring that we arrive at a full and sensible
bilateral understanding with South Africa.
D. S.
Commonwealth Relations Office,
17 th March, 1961. 58703
S.W.1,
CONFIDENTIAL
P
2
^
Republic of South Africa
(Consequential Provision)
DRAFT
OF
A
B I L L
TO
Make temporary provision as to the operation of the
law upon the Union of South Africa becorriing a
Republic outside the Commonwealth.
A.D. 1961
W
HEREAS, o n t h e thirty-first d a y of M a y , nineteen
hundred and sixty-one, t h e U n i o n o f S o u t h Africa will
become a Republic u n d e r t h e n a m e of t h e R e p u b l i c of
South Africa, and cease t o b e a m e m b e r of t h e C o m m o n w e a l t h :
Be it therefore enacted by t h e Q u e e n ' s m o s t Excellent Majesty,
by and with the advice a n d c o n s e n t of t h e L o r d s Spiritual a n d
Temporal, and C o m m o n s , in this p r e s e n t P a r l i a m e n t a s s e m b l e d ,
and by the authority of t h e s a m e , as f o l l o w s : —
1 - ( 1 ) During the period b e g i n n i n g w i t h t h e thirty-first d a y Operation of
of May, nineteen h u n d r e d a n d sixty-one, a n d ending w i t h t h e existing law
thirty-first day of M a r c h , n i n e t e e n h u n d r e d a n d sixty-two, a n y
existing law which operates as law of, o r of a n y p a r t of, t h e
"
United Kingdom shall, unless p r o v i s i o n t o t h e c o n t r a r y is m a d e
by an authority having p o w e r t o alter t h a t law, h a v e t h e s a m e
operation in relation to t h e R e p u b l i c of S o u t h Africa, a n d t o
persons and things in any w a y b e l o n g i n g t h e r e t o o r c o n n e c t e d
therewith, as it would have h a d in r e l a t i o n t o t h e U n i o n of S o u t h
Africa and persons and things b e l o n g i n g t h e r e t o a n d c o n n e c t e d
therewith if the U n i o n h a d n o t b e c o m e a R e p u b l i c a n d h a d
continued to be a m e m b e r of t h e C o m m o n w e a l t h .
t o
o
(2) In this section " existing law " m e a n s a n y A c t of P a r l i a m e n t
or other enactment or i n s t r u m e n t w h a t s o e v e r , a n d a n y r u l e of
law, which is in force o n t h e said thirty-first d a y of M a y , o r ,
having been passed or m a d e before t h a t d a t e , c o m e s i n t o force
after that date.
76-3
u
n c a
Short title.
L!z
Republic of South Africa
9 r£ 2
(Consequential Provision)
2. This Act may be cited as the Republic of South Africa
(Consequential Provision) Act, 1961.
law which cannot be amended by a law passed by the
said Federal Legislature.
2
Northern Rhodesia or Nyasaland so far only as concerns
to a colony, a protectorate and a United Kingdom trust territory *
shall be construed as if they were references contained in the
British Nationality Act, 1948:
Provided that the said subsection (1)—
(a) shall not apply in relation to any law passed by then
Federal Legislature of Rhodesia and Nyasaland;
(b) shall apply in relation to other law of, or of any part of,
Southern Rhodesia so far only as concerns law which
can be amended neither by a law passed by the Legisla­
ture thereof, nor by a law passed by the said Federal 1:
Legislature; and
(c) shall apply in relation to other law of, or of any part of,
as law of the United Kingdom, and references in this subsection 1
(3) Subsection (1) of this section shall apply in relation to any
existing law which operates as law of, or of any part of, Southern
Rhodesia or any colony, protectorate or United Kingdom trust
territory as it applies in relation to existing law which operates
2
Republic of South Africa (Consequential Provision) D R A F T
OF
A
B I L L
To make temporary provision as to the
operation of the law upon the Union of
South Africa becoming a Republic out­
side the Commonwealth.
L I V - C (3)
nth March, 1961