As a result of the expansion of the population in the interior a second court of heemrade, similar but subordinate to that at Stellenbosch-Drakenstein, was established with a deputy landdrost as secretary. The new area, known as the Outlying Districts, stretched from the Bree River to past Mossel Bay and relieved the heemrade of Stellenbosch of many of their burdens.
Of the four elected heemrade, one was to hand in a report every three months. Once every two years two heemrade would resign and successors elected. In January 1744 JT Rhenius was appointed as the first deputy landdrost of the Outlying Districts.
Within months discord arose between the deputy landdrost and heemrade as a result of uncertainty regarding rank. This led to a clearer definition of their duties especially with regard to times of meetings, the deputy landdrost’s position at meetings and the reference of cases not settled out of court to the court of the landdrost and heemrade at Stellenbosch.
These measures were, however, unsatisfactory and in August 1745 it was decide to establish a completely independent magistracy with Rhenius as “absolute landdrost” of the Outlying Districts. The same instructions as those for Stellenbosch-Drakenstein were applicable. The jurisdiction of each district with regard to communal matters was to be decided upon jointly. The new district covered the whole area under the Company’s control to the north and east of the Stellenbosch-Drakenstein district and the limits of its jurisdiction were clearly defined.
In 1746 the request by the landdrost and heemrade for land along the Koornland River to build a drostdy and the necessary buildings, was granted. In October 1747 the district was named Swellendam after the governor and his wife, Hendrik Swellengrebel and Helena Wilhelmina ten Damme.
The creation of the new magisterial district of Graaff-Reinet in 1786 limited the jurisdiction of the landdrost of Swellendam to the Swartberg in the north and the Gamtoos River in the east.
In June 1795 the inhabitants of Swellendam rebelled against the government of the Company. Landdrost Faure, the secretary and messenger were forced to hand the drostdy to the burghers, who appointed a National College (“Collegie Nasionaal“) under the leadership of Hermanus Steyn.
After the British occupation of the Cape, peace was restored and the drostdy handed back to Faure in November 1795.
With the revision of the judicial system in 1827 the college of landdrost and heemrade was abolished and replaced with a civil commissioner and resident magistrate. H Rivers and CM Lind were appointed to these positions respectively. In 1834 the positions were united and Rivers appointed.
With the revision of the district boundaries of Swellendam and Stellenbosch and the secession of the George district in 1811, the area to the east of the Hottentots-Holland mountains was added to Swellendam. A sub-drostdy under JH Frouenfelder with the seat of magistracy at the Swartberg Bath was established in the new area.
Like the deputy landdrost of Clainwilliam, in the Tulbagh district, Frouenfelder received his instructions from the landdrost of the main district and reported to him or, where necessary, to the Colonial Secretary. He was assisted by a clerk, a messenger, a constable and two justice officials while personally acting as vendu master of the sub-district.
In December 1813 the sub-district was named after the former governor Lord Caledon.
In October 1822 the sub-district was abolished as a measure of economy, and placed under the supervision of a special Heemraad, assisted by a clerk, a messenger, deputy sheriff, two constables and two justice officials. With the revision of the judicial system in 1827 the position of Special Heemraad was abolished and the duties transferred to the Justice of the Peace.
In 1839 Caledon became an independent district with its own Resident Magistrate.
A Special Justice of the Peace was appointed at Sutherland as from 20 November 1879 (Government Gazette No 5965 dated 7 November 1879, Proclamation No 134 of 1879).
On 1 June 1886 a Magistrate’s Court was established (Government Gazette No 6735 dated 25 May 1886, Proclamation No 77 of 1886).
A Special Justice of the Peace was appointed at Steytlerville in the district of Willowmore on 7 November 1890 (Government Gazette No 7240 dated 11 November 1890, Proclamation No 270 dated 7 November 1890). The Special Justice of the Peace held court simultaneously with a periodical court held by the Magistrate of Uitenhage, until an Assistant Resident Magistrate for Steytlerville was appointed on 28 December 1893 (Government Gazette No 7567 dated 29 December 1893, Government Notice No 1264 dated 28 December 1893).
A Resident Magistrate’s court was established at Steytlerville on 28 December 1899 (Government Gazette No 8193 dated 29 December 1893, Proclamation No 373 dated 23 December 1899).
An Assistant Resident Magistrate’s court was established at Sterkstroom in the district of Queenstown on 18 October 1897 (Government Gazette No 7945, dated 22 October 1897, Government Notice No 994, dated 21 October 1897).
According to the records a magistrate’s court was established at Sterkstroom from January 1918.