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The Board of Public Roads for the Division of Stellenbosch was established together with and complementary to the Central Board of Commissioners for Public Roads on 22 November 1843 in terms of Ordinance No 8 of 1843. The function of the board was to maintain and improve branch roads in the said division. The board ceased to exist on the formation of the Stellenbosch Divisional Council in July 1855.

The Divisional Council of Stellenbosch was established on 12 July 1855 in terms of Act No 5 of 1855.

On 1 July 1987 the Divisional Council areas of Stellenbosch, Cape and Paarl were established as the Western Cape Regional Services Council in terms of the Regional Services Councils Act of 1985 (The Province of the Cape of Good Hope Official Gazette, No 4460 of 9 January 1987, Provincial Notice No 4 of 9 January 1987).

On 1 January 1980 the Divisional Councils of Malmesbury and Piquetberg were reconstituted together to form the amalgamated Divisional Council of Swartland (The Province of the Cape of Good Hope Official Gazette No 4061 of 20 July 1979, Proclamation No 174 of 18 July 1979).

On 31 March 1989 the Divisional Council Areas of Swartland and Cederberg were established as the West Coast Regional Services Council (The Province of the Cape of Good Hope Official Gazette No 4580 of 31 March 1989, Provincial Notice No 335 of 31 March 1989)

The Standing Rules and Orders of the Divisional Council of Barkly West, framed in terms of Act No 4 of 1865 were published under Government Notice No 363 dated 30 March 1882.

On 1 January 1980 the Divisional Council of Barkly West was re-constituted together with the Divisional Councils Kimberley and Herbert to form the amalgamated Divisional Council of Vaalrivier (The Province of the Cape of Good Hope Official Gazette No 4061 dated 20 July 1979, Proclamation No 174 of 18 July 1979).

The Municipality of the Strand was constituted on 15 June 1896 in terms of Proclamation No 202, 1896 under provision of the Municipal Act, 1882 (Cape of Good Hope Government Gazette No 7824, 16 June 1896).

In terms of Proclamation No 27 of 28 May 1996 the Helderberg Substructure was established on 29 May 1996 with the amalgamation of the municipalities of Strand, Somerset West and Gordon’s Bay, as well as the Lwandle Town Council, Macassar Management Committee and Sir Lowry’s Pass Management Committee (Province of the Western Cape Provincial Gazette Extraordinary, No 5051, 28 May 1996). The substructure formed part of the Cape Metropolitan Council.

On 4 December 2000 the Cape Metropolitan Council and the substructures were abolished and the new City of Cape Town was created (Province of the Western Cape Provincial Gazette, No 5588, Proclamation 479 of 2000).

In 1854 a committee which was elected from the members of the Cape House of Assemble to investigate the necessity of increasing the number of magistracies in the Colony, recommended inter alia the founding of a magistracy at Aliwal North, a village which at that time fell under the jurisdiction of the resident magistrate of Albert.

On 27 July 1855 the Cape of Good Hope Government Gazette reported that the magistracy in question had been constituted and established.

The boundaries of the new district were as follows: “From that point where the Stormberg Spruit joins the Orange River, along the said Spruit to the Brandkops Spruit, thence along the latter to the farm of B de Klerk thence in a South-Easterly direction past the farms Braamfontein, P H Hemmings; Damfontein, G Heuse; Tiger Hoek, G Strydoms; Patriotsklip, J Kleinhans; Zuutbron, J Olivier; Telemachus, J van Biljoens; Vogelfontein, L van der Waltz; Witkops, Jasper Venters; Du Plessiskraal, P Wagenaars; the farms of C Botha, N Els, B Buys, and L J Pretorius, to Joubertskop, in the Stormbergen the boundary of Albert; thence along the Colonial Boundary to the source of the Fees, and down that stream to the Orange River, the Boundary between Albert and the Free State. The whole of the places above named belonged to Aliwal North”.

Several factors influenced the jurisdiction of the Resident Magistrate and Civil Commissioner, later the Magistrate of Aliwal North. The most important of these are the following:

(1) Special Justice of the Peace and Periodical Court, Jamestown
The year 1876 marked the establishment of a court of Special Justice of the Peace at Jamestown in the district of Aliwal North. Henceforth certain types of criminal cases were to be dealt with by the newly appointed Special Justice of the Peace which meant, in effect, a diminution of the criminal jurisdiction of the Resident Magistrate of Aliwal North. Proclamation no. 3 of 11 January 1883 announced the establishment of an additional court to that of the Special Justice of the Peace, namely a Periodical Court to be held by the Resident Magistrate of Aliwal North at Jamestown. The two courts which operated at Jamestown were abolished on the upgrading of the post of Special Justice of the Peace to that of an Assistant Magistrate as from 1 September 1952.

(2) Periodical Court, Lady Grey
From 18 October 1877 to 20 May 1886 a Periodical Court was held by the Resident Magistrate of Aliwal North at Lady Grey. From 1917 to 1927 Lady Grey was a sub-district of Aliwal North. The sub-district was abolished on 27 May 1927 and the district of Lady Grey created.

(3) Magisterial Division, Herschel
The Herschel Magisterial Division came into being as from 1 April 1873 in the Wittebergen Native Reserve. The Wittebergen Native Reserve was founded in 1850 and originally fell under the jurisdiction of the Resident Magistrate of Albert. With the establishment of the magistracy at Aliwal North the supervision over the Reserve went over to the newly created magistracy, a situation which was completely altered with the creation of the Herschel Magisterial Division.

Functions of the Resident Magistrate and Civil Commissioner:
The Magistrate of Aliwal North followed the magisterial system of the Cape Colony which had been laid down in Act no. 20 of 1856. He possessed criminal and civil jurisdiction and performed miscellaneous quasi- and non-judicial functions. The magisterial jurisdiction was amended by various subsequent statutes, both of the Cape Colony and of Union.

On the commencement of the Batavian Republic’s administration of the Cape in 1803 the office of Fiscal was abolished and an Attorney-General, G Beelaerts van Blokland, appointed. After the second British occupation of the Cape in 1806 the office of Fiscal was re-introduced. In 1928 the Charter of Justice resulted in a revamping of the whole judicial system and the establishment of the permanent post of Attorney-General.

The Attorney-General was the state’s public prosecutor in all criminal cases. Subordinate to the Department of the Colonial Secretary, he acted as the lawyer of the state and legal adviser to the various government departments and offices.

As the work of the Attorney-General increased, he was granted greater independence in the execution of his duties. In 1873 the clerks of the various courts in the Colony, the Master of the Supreme Court, the Registrar of Deeds and all magistrates were permitted to correspond directly with the Attorney-General in connection with judicial matters. Only in cases concerning the obtaining of legal advice, certain departments were still required to approach the Attorney-General through the offices of the Colonial Secretary.

In 1878 the ministerial division of the Law Department, under the Attorney-General as ministerial head, was created. The departments of the Attorney-General of the Eastern Province, the Supreme Court, the Eastern Province Supreme Court, the Circuit Courts and the Registrar fell within the ministerial division. Later the offices of the Registrar of Deeds (1887), prisons (1889), convict stations and the Porter Reformatory (which was re-allocated to the ministerial control of the Colonial Secretary in 1894), district courts and police, excluding the police of Cape Town’s district no 1 (1894), police of Cape Town’s district no 1 (1896) and the administration of mines (1907) were placed under the Attorney-General’s ministerial control.

While retaining his judicial functions and powers the Attorney-General’s duties increased in time and his powers were extended accordingly: in 1894 he was empowered to sign the appointments of field-cornets and in 1900 to confer with the judges of the appeal court in connection with regulations in terms of the Water Act of 1899. He was also responsible for the proper administration of the offices and institutions which were placed under his control from time to time.

At Union in 1910 the department as such was abolished and placed under the control of the Union’s Department of Justice. From an initial staff of two members with administrative expenses of ₤1650 in 1828 the department of the Attorney-General had grown to one of the largest of the Cape Colony in 1910 with a staff of over six hundred with expenses of ₤635 980 for the financial year 1908 – 1909.

The archives of the Attorney-General comprises three sections:
A. The archives of the Fiscal
B. The archives of the Attorney-General
C. The archives of diverse bodies, eg military courts, Treason Commission and Martial Law Council.

After the surrender of the Cape by the Batavian Government to the British forces in January 1806, the British military commander, Major-General Baird, took immediate but temporary measures for the civil administration of the Cape. Although the Council of Policy ceased to exist, the ordinary functions of several departments were continued along lines compatible with the principles of the British Government.

The Batavian Governor, JW Janssens, initially refuted the claim that the whole of the Cape Colony had been surrendered. With the signing of the articles of capitulation of 18 January 1806 the effect of the surrender of the whole colony was acknowledged.

A commission dated 30 July 1806, was granted to Du Pre Alexander, Earl of Caledon, to be Governor and Commander-in-Chief in the Cape of Good Hope and its territories and dependencies. According to his accompanying instructions the Governor was to be the supreme head of the government with all legislative and executive authority as well as civil and military power vested in him as the delegate of the sovereign power.

The Governor was to exercise the administration of justice according to the laws and institutions that existed in the settlement, subject to the regulations made during the first British Occupation and further directions he might receive. In emergencies he could deviate from instructions, provided he reported to the Secretary of State. The legislative power of the Governor enabled him to make laws by proclamation. These legislative acts, together with reasons for them, were to be transmitted to the British Government for approval.
The relative independence of the local administration was increased by the Governor’s patronage of the civil service and the salary budget. The Governor had, therefore, with the exception of departmental heads and the president of the High Court of Justice, complete control over all officials with regard to their appointment, dismissal and pay. The Governor’s powers were restricted by the fact that all appointments made by him were to be confirmed by the British Government before they became permanent.

In judicial matters the Governor and Lieutenant-Governor formed a court of appeal in civil cases exceeding £200, while for criminal appeals the appellate jurisdiction was vested in the Governor and assessors appointed by him.

Although the Governor possessed wide financial powers and was authorized to issue licences for schools and marriages, commissions to ships of war and to call up the militia, he had to report to and obtain approval for his decisions from the Secretary of State. The extent of the Governor’s military powers was ambiguous and was only clearly defined in 1811, whereby the powers of the Governor, a civil authority, to interfere in the command of the regular army were limited. These limitations were not subsequently enforced.

In the absence or incapacity of the Governor the Lieutenant-Governor or the commander of the forces would assume the administration of the Colony.

Under Cradock and Lord Charles Somerset no radical constitutional changes in the powers of the Cape Governor were instituted despite the fact that the Cape was formally ceded to Great Britain in 1814 and that Somerset administrated the Cape as a permanent British Colony from April 1814.

On 18 January 1823 two commissioners were appointed to enquire into the administration of the Cape of Good Hope. In 1825 an Advisory Council consisting of six nominated officials, including the Chief Justice, Colonial Secretary, Auditor-General and Receiver-General was appointed as a check on the wide powers of the Governor. The Council members were to advise the Governor and discuss subjects submitted by him, while being allowed to minute subjects they themselves would like to be considered. The Governor was not bound by the Council’s advice, but where he acted against their advice he was answerable to the Secretary of State. The Council was ineffective in curbing the Governor even after two colonists replaced the Colonial Secretary and Auditor-General on the Council in 1827.

In 1825 it was decided to divide the administration of the Cape in two divisions under separate governments with a lieutenant-governor as the head of the administration of the eastern division. The Governor retained military command over the whole colony, but was to conduct the civil administration of the western province only. The separation did not eventuate and in 1827 provision was made for a commissioner-general to superintend the affairs in the eastern districts subject to the authority of the Governor. This appointment ceased in 1834.

The Charter of Justice of 1827 deprived the Governor of his appellate jurisdiction, and the appointment and dismissal of judges was placed outside his control, bringing about a separation of the judicial and the executive powers. In 1834 the executive and legislative powers were separated by the establishment of an executive council, consisting of specified office holders and a legislative council, consisting of five officials and from five to seven unofficial nominees. The Governor acted as chairman ex officio for both councils. The Governor was to consult the Executive Council on all executive matters except those of great urgency and to provide a full explanation to the Secretary of State when acting contrary to the Council’s recommendations. The appointment or dismissal of superior officials was subject to the Council’s advice or to confirmation by the Crown. The Governor summoned and prorogued the Legislative Council, nominated the unofficial members, and presided over their meetings. The Governor was to recommend ordinances regarding appropriation, supply and the good government of the Colony. He had a casting vote, but had to furnish the Secretary of State with reasons for opposing council decisions. The Governor was restricted in proposing certain ordinances concerning the constitution, religion, revenue, securities, divorce, etc. All ordinances were subject to the approval of the British Government.

The Governor further had the power with the approval of the Secretary of State, to remit sentences, appoint officials and, with the approval of the Executive Council, dismiss officials.

The clamour for separation in the eastern districts culminated in the appointment of Captain Stockenström as Lieutenant-Governor of the Eastern Province in February 1836. The uncertainty as to the extent of the Lieutenant-Governor’s powers came to a head in 1847 when Lieutenant-Governor Young claimed independence from the Governor’s power. After his departure in November 1847, the position of lieutenant-governor was not filled and for the following eight years the functions of the office were continued by a secretary and clerk.

The vigorous agitation for representative government culminated in the Cape of Good Hope Constitution Ordinance of 1852. In the legislative sphere the Governor still possessed wide powers and money bills were initiated upon his recommendation. The Governor shared the right with members of both houses to introduce other measures and also possessed the right to return bills to either house with amendments, and to assent to, refuse or reserve the bill for the royal pleasure. Copies of all acts were to be transmitted to the office of the Colonial Secretary.

Although the Governor’s general powers were greatly restricted his executive influence remained extensive as all executive power was vested in him and an executive council consisting of office holders appointed to the position by him.

From 1855 the vacant Lieutenant-Governorship was filled. Apart from taking over the command of all military matters on the Eastern Frontier, the Lieutenant-Governor was also responsible in an administrative capacity for the Eastern Province.

Because the Lieutenant-Governor, as commander of the forces at the Cape, did not have his headquarters at the seat of government, a Military Secretary to the Governor was temporarily appointed at imperial expense. Every two years the Governor was to report fully on the duties of the Military Secretary and whether the office could not be abolished.
In 1872 responsible government was introduced, and the Governor’s executive powers curtailed. By virtue of the new instructions the Governor was empowered to appoint and suspend officers, to assent to laws, remit sentences and summon, prorogue and dissolve the legislative body, while restrictions as to certain types of legislation were imposed. While the Governor could appoint and remove members of the Executive Council, the actual control of all public departments was placed in the hands of those members with the confidence of the representative legislature.

Apart from the governmental functions performed by the Governor, various Governors were, in addition, appointed as High Commissioner to represent the imperial interests in Southern Africa. In 1889 the office of the Governor, who, according to the definition of 1883, was administrator on the advice of the Executive Council, was permanently combined with that of High Commissioner.

In 1900 the office of Governor was once again separated from that of High Commissioner. The latter was domiciled in the Transvaal and in 1905 his position was incorporated with that of the Governor of the Transvaal and Orange River Colony.

The Governor of the Cape, who on several occasions was also appointed Governor of other territories, such as Griqualand West in 1871 and British Bechuanaland in 1885, remained the titular head of the government up to 1910.

The Village Management Board of Prince Albert was established on 3 October 1881 under provision of Proclamation No 160 of 1881 in terms of the Village Management Act of 1881.

The Municipality of Prince Albert was constituted on 24 December 1901 under provision of Proclamation No 193 of 1901 in terms of Municipal Act, 1882. In terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) the existing Municipality of Prince Albert together with the Laingsburg Transitional Representative Council, Transitional Local Council of Leeu Gamka and the Prince Albert Transitional Representative Council was disestablished and the Prince Albert Local Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 5593, 22 September 2000, Provincial Notice No 507, 22 September 2000). The Prince Albert Local Municipality forms part of the larger Central Karoo District Municipality.

The Village Management Board of Upington was constituted on 14 August 1889 in terms of British Bechuanaland Proclamation No 69.

The Municipality of Upington was constituted on 13 December 1898 in terms of Proclamation No 345, 1898 under provision of the Municipal Act, 1882 (Cape of Good Hope Government Gazette No 8084, 13 December 1898).

In 1994 Upington became part of the Northern Cape Province. It forms part of the Dawid Kruiper Local Municipality, one of six local municipalities that falls under the ZF Mgcawu District Municipality.

The first meeting of the Local Board of Hartenbosch was held on 19 December 1973.

During 1974 the Municipality of Hartenbos was constituted under the provisions of the Municipal Ordinance No 20 of 1974 (volume 3/HRB 1/1/1).

In terms of the Local Government Transition Act, 1993 (Act 209 of 1993) the local government bodies within the Mossel Bay Forum Area, namely the Mossel Bay Municipality, Hartenbos Municipality, D’Almeida Management Committee, Kwanonqaba Town Council, the Klein Brakrivier, Reebok and Tergniet Local Council and Boggomsbaai Local Council, was dissolved with effect from 1 February 1995 and a transitional local council under the name Municipality of Mossel Bay established (Province of Western Cape Provincial Gazette Extraordinary No 4925, 31 January 1995, Proclamation No 25, 30 January 1995).