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The registration of land at the Cape originated in 1657 when grants of land were given to the first colonists along the Liesbeek River at Rondebosch. In 1686 it was found that many colonists possessed erven in property or on loan and could not produce sufficient certificates of their rights. On 1 July 1686 the Council of Policy resolved that deeds and leases were to be registered with the Secretary of the Council.

From the earliest years transfers and mortgages of immovable property took place before two Commissioners of the Council of Policy and the Secretary to the Council. Between the years 1716 and 1718, the Commissioners of the Council of Policy were replaced by Commissioners of the Court of Justice.

During the years 1806 – 1827 the registration of deeds was attached to the office of the Colonial Secretary. By Ordinance 39 of 1828 the method of certifying, enregistering and subscribing deeds before two members of the Court of Justice in the presence of the Colonial Secretary was abolished. All transfers, bonds and deeds were now required to be registered before an official designated Registrar of Deeds.

Lieutenant-Colonel GJ Rogers, who held the position of Registrar of Slaves and later Protector of Slaves, was appointed the first Registrar of Deeds. The duties of these three distinct offices eventually became too heavy for one official to bear and subsequently the deeds registry was transferred in 1837 to the Treasurer, WH Harvey.

By 1839 the business of the Deeds Registry Office had increased to such an extent that the Governor, Sir George Napier, recommended to the Secretary of State on 29 March 1839 that a separate Deeds Registry Office be created and that JG Brink be placed in charge of the office. The measures for implementing the institution of a separate Deeds Registry Office were sanctioned by the Secretary of State on 29 October 1839.

In terms of Ordinance 14 of 1844 the practice of drawing or preparing deeds exclusively in the Deeds Registry Office was discontinued. Deeds could now be prepared either by qualified conveyancers or in the Deeds Registry Office.

The functions of the various registrars of deeds in the four provinces of South Africa were set out in section 3 of Act 47 of 1937.

The Archives:

In terms of the aforementioned Act, deeds registry offices fall into the category of offices of record. One of the functions of a registrar of deeds, as stipulated by said Act, is to take charge of and preserve all records created in the particular registry office of which he is head. The Archives Act No 6 of 1962, as amended, especially provides that archives which according to any other law are required to be kept in the custody of a particular person, need not be transferred to a public archives repository. The archives described in the accompanying inventory are, consequently, not a complete reflection of the archives of the Registrar of Deeds, Cape Town. It would appear that archives having no further immediate use for, or which are duplicated in the Deeds Registry Office, Cape Town, were transferred to the Cape Archives Depot (now the Cape Town Archives Repository).

The archives created by the Secretary of the Council of Policy and by the Colonial Secretary pertaining to the registration of deeds, prior to the establishment of the office of the Registrar of Deeds, Cape Town in 1828, have been included with the latter official’s archives because of practical reasons.

On 27 January 1882 jurisdiction to hear and decide upon divorce cases were conferred on the Chief Magistrate of the Transkei. On 6 November 1894 appeal courts were instituted for the Transkei and East Griqualand. The first-mentioned court was to be held by the Chief Magistrate of the Transkei and two Assessors, and the last by the Chief Magistrate of East Griqualand and two assessors. In 1923 the proclamation instituting the appeal courts of the Transkei and Griqualand East was repealed and a Native Appeal Court for the Transkeian Territories, to be held by the Chief Magistrate of the Transkei and two assessors, was established. As from 1 February 1925 the Chief Magistrate of the Transkei also ceased to have jurisdiction to hear and determine divorce cases, except in those cases which commenced before that date and which could not be concluded.

Article 13 of the Native Administration Act, 1927 (Act No 38 of 1927) empowered the Governor-General of the Union of South Africa to constitute one or more appeal courts for hearing appeals in any proceedings from courts of Native Commissioners. Article 17(2) of the same act stipulated that if an appeal court was established for the Transkeian Territories, it would replace the Native Territories Appeal Court constituted in 1923.

In terms of article 10 of the Native Administration Amendment Act, 1929, the Governor-General received the power to established divorce courts for blacks. The area of jurisdiction of such courts was to coincide with that of an appeal court established under the principal act of 1927.

Since 1930 the newly constituted appeal and divorce court was known as the Native Appeal and Divorce Court for the Transkeian Territories. From 1937 the name was changed to the Native Appeal and Divorce Court for the Cape and Orange Free State. Since 1948 the court was known as the Southern Native Appeal and Divorce Court and then as the Southern Appeal and Divorce Court.

A magistrate’s court was established at Bathurst on 8 March 1848 (Government Gazette No 2206 dated 9 March 1848, Proclamation dated 8 March 1848). According to the documents, however, the Resident Magistrate was unofficially in office since February 1847.

As from 15 March 1870 the court was transferred to Port Alfred (Government Gazette No 4211 dated 15 March 1870, Proclamation No 13 dated 15 March 1870).

On 10 August 1904 a periodical court to be held by the Magistrate of Port Alfred was established at Bathurst (Government Gazette No 8676 dated 19 August 1904, Proclamation No 255 dated 10 August 1904) and again discontinued on 30 May 1905 (Government Gazette No 8758 dated 2 June 1905, Proclamation No 172 dated 30 May 1905). No records of this periodical court could be traced.

On 1 October 1928 the Magistrate of Port Alfred was also appointed as Native Commissioner (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865 dated 26 October 1928).

On 11 July 1804 the district of Stellenbosch was subdivided into two districts. The southern portion of the original district retained the name Stellenbosch, while the northern portion was named Tulbagh. A former Landdrost of Stellenbosch, Hendrik Bletterman was temporarily appointed to institute the administration of the district of Tulbagh. The inhabitants strongly opposed the proposed boundaries of the new district as well as the decision to establish the seat of the magistracy at Jandisselsvlei. Therefore, Bletterman was instructed to investigate the matter and find a solution.

In his report of September 1804 Bletterman recommended that the Government purchase the farm Rietvalley in Roodezand (Land van Waveren) as the seat of the Landdrost. He also divided the district into 16 field-cornetcies and appointed field-cornets. Bletterman’s proposals were accepted and he was authorised to make any changes which he deemed necessary in the interests of the inhabitants of the district. He was granted 25000 rixdollars to build a residency. H van de Graaff was appointed as the first landdrost of the district.

In February 1808 an Adjunk-Landdrost (Deputy Magistrate) was appointed at Jandisselsvlei, and in 1819 an Adjunk-Landdrost was also appointed at Worcester. After the residency and other public buildings had been damaged by a storm in July 1822, it was decided to move the seat of the Landdrost from Tulbagh to Worcester and to change the name of the district to Worcester. On the recommendation of the Landdrost a Special Heemraad was appointed at Tulbagh in October 1822. When the system of Landdrost and Heemraden was changed to that of Resident Magistrate and Civil Commissioner in 1827, the Special Heemraad was replaced by a Justice of the Peace.

In March 1848 the district of Worcester was divided into the districts of Worcester and Tulbagh. The latter consisted of the field-cornetcies of Tulbagh, Voorste Omtrek (Koue Bokkeveld), Warm Bokkeveld, Voor Vier-en-twintig Riviere and those parts of the field-cornetcies of Breede Rivier and Achterste Omtrek (Koue Bokkeveld) which fell within the parish of the Dutch Reformed Church of Tulbagh. H Piers was appointed as the first Resident Magistrate of the new district.

On 1 January 1872 the seat of the magistracy was moved from Tulbagh to Ceres, while a periodical court was established at Tulbagh. In 1877 a Special Justice of the Peace was appointed at Saron, while a Special Justice of the Peace, with jurisdiction over the field-cornetcies of Tulbagh, Waterval and Vier-en-twintig Riviere, was appointed at Tulbagh in February 1880.

An Additional Resident Magistrate was appointed at Tulbagh in March 1886. He was to hold court at Tulbagh on Mondays and Thursdays and was to act as Road Magistrate for the district of Tulbagh under the provisions of Ordinance No 9 of 1846.

These measures remained in force until May 1889, when the district of Tulbagh was divided into the district of Ceres and Tulbagh, with the town of Tulbagh as the seat of the latter district. The new district of Tulbagh comprised the field-cornetcies of Tulbagh, Winterhoek, Waterval, Breede Rivier, Koopmansrivier and Vier-en-twintig Riviere.

Apart from his normal judicial and administrative functions, the Magistrate of Tulbagh performed the functions of Chairman of the Divisional Council, Chairman of the Licensing Court and, during the Anglo-Boer War, Deputy Administrator of Martial Law in an ex officio capacity.

The Archives:

From the foregoing it is clear that a close interrelation exists between the earliest archives of the Magistrate of Tulbagh and those of the Magistrate of Worcester. Therefore, the archives of the Magistrate of Tulbagh for the period 1804 – 1822 was left with the archives of the Magistrate of Worcester. The archives of the Special Heemraad (since 1828 the Justice of the Peace) at Tulbagh for the period 1822 – 1848 was also transferred to the archives of the Magistrate of Worcester, since that official fell under the jurisdiction of the latter magistrate.

After the conclusion of the Northern Border War in 1880, provision was made for the occupation of the area north of the Orange River by Bastard farmers to prevent the re-occupation thereof by Korannas. A special magistrate was appointed with general jurisdiction south of the border and as Special Commissioner with specified duties relating to the administration north of the river. He was to reside at Olievenhout’s Drift Station and hold a periodical court at Kenhardt, while assuring, with the help of the Mounted Police, that peace was maintained along the river. The Bastards, while subjects of the Queen, were responsible for their own defence and while the Commissioner could administer justice among them if they desired it, they were largely to provide for their own law and order by appointing field-cornets.

North of the river a committee or board of management was elected by the inhabitants, with the Special Commissioner as chairman, to administer the law and order of the territory north of the Orange River up to the southern dunes of the Kalahari, known as Gordonia. The laws of the colony were largely taken over and the Special Commissioner moved from Kenhardt to the village of Upington situated on the northern bank of the river opposite the Olievenhout’s Drift. He still possessed no legal jurisdiction in the area.

On the annexation of the district of Gordonia to the British Bechuanaland Protectorate on 1 April 1889, the administration of the committee of management ceased and a magisterial district under a Resident Magistrate and Civil commissioner was created. The area of jurisdiction of the Resident Magistrate was defined within specified limits.

In October 1895 British Bechuanaland was annexed to the Colony and the Gordonia district became part of the Colony. The new boundaries of the magisterial district and fiscal division of Gordonia were laid down in April 1896.

In 1904 a periodical court was established at Keimoes in the district of Gordonia and in 1955 a separate magistrate’s court was established there.

After the redefinition of the boundaries of the magisterial districts of Kenhardt and Gordonia in 1933, the periodical courts at Kakamas, established in 1904(9) and at Louisvale, established in 1925, which were previously situated in the district of Kenhardt, were transferred to the jurisdiction of the magisterial district of Gordonia.

A periodical court, with jurisdiction within specified limits, was established at Groblershoop (Sternham) in the district of Gordonia in 1939.

A court of an Assistant Resident Magistrate was established at Rietfontein in the Gordonia district and the local limits of jurisdiction defined in 1906. The documents of this office have, for practical purposes, been retained with the archives of the Magistrate, Gordonia.

Functions of the Resident Magistrate
Judicial Functions:

The jurisdiction exercised by the Magistrate of Upington was derived from Act No 20 of 1856. He possessed criminal and civil jurisdiction and performed miscellaneous quasi- and non-judicial functions. This magisterial jurisdiction was amended by various subsequent statutes, both of the Cape Colony and of the Union.

Quasi-Judicial Functions:
According to the “Inquest Act”, 1875 the Resident Magistrate was to act as coroner at inquests … “to cases occurring at or within a distance of 6 miles from the seat of his magistracy”.

Ex-Officio Functions:

As reflected in the records the Resident Magistrate acted as Chairman of the Liquor Licensing Court(16) and also performed duties as the Marriage Officer.

Administrative Functions:

The Resident Magistrate acted as Civil Commissioner for his district and in that capacity he was responsible for the application of various laws concerning financial and land matter.

Magistrates of Gordonia:
C Bam (1 April 1889)
JA Ashburnham (28 July 1894)
CB Scholtz (24 September 1895)
JH O’Connel (5 March 1898)
D Eadie (1 January 1901)
PG Armstrong (26 February 1903)
P Wright (1 June 1904)
D May (12 April 1907)
CA Pentz (30 November 1912)
F de Villiers (1 May 1917)
P Wither (6 August 1919)
CE Stidolph (1 January 1921)
NW Whitehorn (1 January 1925)

The Divisional Council of Bredasdorp was established on 8 November 1858 in terms of Act No 5 of 1855.

On 1 January 1980 the Divisional Council of Bredasdorp was reconstituted together with the Divisional Council of Swellendam to form the amalgamated Divisional Council of Bredasdorp-Swellendam (The Province of the Cape of Good Hope Official Gazette No 4061 dated 20 July 1979, Proclamation No 174 dated 18 July 1979).

The Divisional Council of Swellendam was proclaimed on 16 July 1855 in terms of Act No 5 of 1855. According to the requirements of this act, the division of Swellendam was divided into six districts:
(1) Swellendam Upper Duivenhoks River, Lower Duivenhoks River, Breede River;
(2) Before Cogmanskloof, behind Cogmanskloof, Tradouw, Klipriver;
(3) Bosjesveld, Onder River Zonder End, Kluytjes Kraal, Potteberg;
(4) Riversdale, Vette River, Krombeks River, Over Duivenhoks River;
(5) Valsch River, Kaffirkuils River, Buffels, Fonteyns Valley;
(6) Great Zwartberg, Spring Fonteyn, Langeberg

The first election of members took place on 18 September 1855 at the residences of the field cornets of the proclaimed districts. By the terms of the act, one member was elected for each district.

Since the establishment of the Divisional Council of Swellendam the boundaries have been altered on several occasions, such as 1858 (in terms of Act No 12 of 1857);(4) 1860; 1872; etc.

In 1893 the Divisional Council was proclaimed the “Local Authority” for the division of Swellendam.

On 1 January 1980 the Divisional Council of Swellendam was reconstituted together with the Divisional Council of Bredasdorp to form the amalgamated Divisional Council of Bredasdorp-Swellendam.

Although the Divisional Council was proclaimed in 1855, the oldest archives only date back to 1862. This apparently, can be attributed to the large scale weeding and destruction of archives by officials of the Divisional Council in 1944. A few archives of great research value, such as a minute book covering the period February 1862 – June 1877 and a map of the Tradouw Pass drawn by Thomas Bain in 1867, were, however, donated to the Drostdy Museum at Swellendam. Through the kind co-operation of the curatrix of the museum all the archives in their possession were eventually transferred to this archives repository.

The Divisional Council of Vaalharts was constituted on 1 July 1960 in terms of Proclamation No 36 of 12 March 1960 (The Province of the Cape of Good Hope Official Gazette No 3018, 18 March 1960).

On 1 July 1989 the Divisional Council Areas of Hay, Vaalharts and Vaalrivier were reconstituted together as the Diamantveld Regional Services Council (The Province of the Cape of Good Hope Official Gazette No 4580 of 31 March 1989, Provincial Notice No 341 of 31 March 1989).

The Divisional Council of the Cape was established on 9 July 1855 in terms of Act No 5 of 1855. In terms of Act No 33 of 1909 it was renamed the Rural Council of the Cape Division. In terms of Ordinance No 13 of 1917 it resumed the name of Divisional Council of the Cape.

The Regional Services Council for the Cape Metropole and surrounding areas covering the Divisional Council areas of the Cape, Stellenbosch and Paarl was established in terms of section 3(1)(a) of the Regional Services Council Act, 1985 (Act No 109 of 1985) with effect from 9 January 1987 (Official Gazette of the Province of the Cape of Good Hope, No 4460, 9 January 1987, Provincial Notice No 4 of 9 January 1987). The Divisional Councils of the Cape, Paarl and Stellenbosch were abolished as from 30 June 1987 and the functions taken over by the Western Cape Regional Services Council as from that date (4/WCR, Minutes of the Council, Chairman’s welcoming address, 25 June 1987).

The Council of Supervisors, Bethelsdorp was created on 16 May 1878 in terms of Government Notice No 410 of 1878 under provision of Act No 12 of 1873 (Cape of Good Hope Government Gazette No 5803, 21 May 1878).

The Local Board of Bethelsdorp was constituted on 5 April 1922 under provision of Proclamation No 74 of 1922 in terms of Ordinance No 11 of 1921. The board was abolished on 16 May 1945 when the Local Area of Bethelsdorp was created under the jurisdiction of the Divisional Council of Port Elizabeth (Province of the Cape of Good Hope Official Gazette No 2166, 25 May 1945). For archives relating to the Local Area see inventory of the Secretary, Divisional Council, Port Elizabeth (No 3/14).