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The Court of Justice at the Cape was established in 1656. Prior to this date judicial matters were dealt with by the Council of Policy but by a resolution of 28 October 1656 the latter body decided that when it sat as a court of justice and as a military court it was to consist of the commander, five members and a secretary. In 1657 the free burghers obtained representation in the court in cases in which burghers were concerned. In 1685 provision was made for the court to consist of the governor, vice- governor and eight members, the secretary having no voice in the proceedings. Initially, two of the members were burgher councillors. Until 1734 the governor acted as president of the court. In 1786 the composition of the court was altered by having six company servants and six burgher councillors under the presidency of a member of the Council of Policy. In 1792 the secretaries of the Council of Policy and Court of Justice were respectively appointed notaries public, from which date notaries were regularly admitted by the government to practice before the court until 1858 when they were admitted by authority of the Supreme Court. In 1797 Lord McCartney decreed that the court should consist of a president, the fiscal and five ordinary members. The title of president was changed to chief justice in 1812.

Until 1795 the Court of Justice was an appeal court to the inferior courts and appeal from its sentences had to be made to the Court of Justice at Batavia. This ceased at the first British Occupation until 1797 when the governor was vested with an appellate jurisdiction in cases exceeding £200 in dispute. A further appeal lay to the King-in-council where the amount was over £500. In 1803 appeals had to be carried to the National Supreme Court at The Hague and after 1806 the same procedure was re-established as in 1797. From the members of the court, commissioners (Heeren Gecommitteerden) were appointed before whom all transfers of landed property, mortgage bonds, etc were passed. This body also acted in civil cases by taking evidence, making investigations and attempting to solve cases before bringing it before the full court.

When the court was remodeled in 1786 a board called the College of Commissioners of the Court of Justice (Commissarissen uit den Raad van Justisie) was established. This board replaced the Burgher Council and generally the commissioners’ duties were of a municipal nature. On 31 January 1796 the college was abolished, its duties being assigned to a new body, the Burgher Senate.

Until 1811, Cape Town was the only seat of the criminal court but in this year a Circuit Court was establishes to try cases in the country districts.

The Archives:
The records in civil and criminal cases are fairly complete, commencing prior to the establishment of the Court of Justice and containing the minutes of the court, papers presented to the members, petitions, affidavits and papers connected with each case. The series Notarial and other documents prepared before or received by the Court of Justice includes wills, inventories, powers of attorney, contracts, declarations, attestations, certificates and inspections of persons who died suddenly, who were wounded or drowned. The documents of the Court of Appeal, 1807 – 1827 originally described with the archives of the Court of Justice, have been transferred to the archives of the Governor, the new reference numbers being indicated in the inventory. The archives of the Fiscal, such as exist, are to be found described together with the archives of the Attorney-General of the Cape (inventory 1/19).

The Municipality of Knysna was constituted on 12 October 1881 under provision of proclamation No 169 in terms of Ordinance No 9 of 1836.

In terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) the existing Municipality of Knysna, Sedgefield Transitional Local Council, Belvidere Estate Transitional Local Council, Brenton Transitional Local Council, Knoetzie Transitional Local Council, Outeniqua Transitional Representative Council and Rheenendal Transitional Local Council was disestablished and the Knysna Local Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 5592, 22 September 2000, Provincial Notice No 504, 22 September 2000). The Knysna Local Municipality forms part of the larger Garden Route (formerly Eden) District Municipality.

As was the case in Batavia, the establishment of the Orphan Chamber at the Cape of Good Hope arose out of the need to provide for the collection and administration of the property of persons who died intestate and left heirs who were absent from the Colony or who were under age. The property of persons who died on the voyage to and from Europe and found on board, was also subject to the jurisdiction of the Orphan Chamber. However, the Government was advised in a letter dated 30th March, 1711 that the Chamber was not to be burdened with deceased estates of Company’s servants and burgers who had died on the voyage.

The main functions and duties of the Orphan Chamber were:

The administration of the estates of persons dying intestate in the Colony or on the voyage and leaving absent or minor heirs, as well as estates of those who had not specifically
excluded the Orphan Master in their will, or had specifically appointed them even where their heirs were majors and resident here;
The registration of wills of deceased persons;
The administration of minors’ property;
Receiving and paying to present and absent claimants the portions or legacies due to them;
Keeping a death register of persons who died at the Cape;
Recording the resolutions and transactions of the Board.

After the devastating effect of the smallpox epidemic of 1713, the Council of Policy empowered the Orphan Chamber to protect the transfer of property of all free individuals at the Cape. All wills and deaths at the Cape had to be registered with the Orphan Chamber but the Chamber only inventoried and acted as executor for the categories of estates listed below.

The Orphan Chamber was the executor of the estates of free persons:
who left heirs under 25 (and unmarried) or of unsound mind;
who left heirs who were either out of the country or not apparent;
who died ab intestato or ex testamento (without a will or testament);
if there was a specific request in the will or testament for the Chamber to act as executor;
if the will did not specifically exclude the Chamber from acting as executor.

The Orphan Chamber had to track down any possible heirs. Heirs residing outside of the country of death had to send a power of attorney proving their relationship to the deceased, and the Orphan Chamber would then pay out what was rightfully theirs. If an individual died without children or spouse, then the inheritance went to their next of kin, whether brothers, sisters, parents, or cousins (sometimes even to the 10th degree). If an inhabitant, or a stranger, died at the Cape without any acknowledged relatives, the property, after discharging the debts, was sold, and reserved for the unknown heirs, and every method was taken for their discovery. If no heir was found within 50 years from the date of death, the estate reverted to the Government.

In 1714 the Government issued to the Orphan Masters a set of rules and Regulations by which they were to be guided in the carrying out of their duties (Resolutions, Council of Policy, 26 June 1714). These instructions were taken from the Statutes of Batavia, together with a tariff of fees which were to be charged in administering an estate.

In 1793 renewed instructions were issued and compiled from the 1714 rules, from those of the Orphan Chamber at Batavia, from a sketch of instructions submitted to the Government by the Orphan Masters, and from a report relative to the improvement to the Chamber.

Provisional instructions were framed for the Orphan Chamber by Commissioner General Jacob de Mist but these show that they were evidently framed more with a view to confirm the existing rules than to introduce new regulations.

The following are two of the articles of the instructions laid down: Immovable property of orphans could only be sold by an order of Court, and such property had to be put up for public auction and sold to the highest bidder. A minor, absent from the country for sixteen years, could be publicly summonsed at his last-known place of residence. If it was ascertained what had happened to him, his heirs could receive his property upon giving security de restituendo. Persons had to obey a summons to appear before the Masters as if it had emanated from a Court, and upon a third default to appear they could be brought before the Court of Justice. From the resolutions sent from time to time by the Government to the Board and the instructions framed in 1793, it would appear that the Orphan Masters were given almost the same portion of authority and jurisdiction in testamentary matters as was exercised in earlier periods by the spiritual Courts in England.

According to the provisions of Ordinances 104 and 105 of 1833, the Orphan Chamber was abolished and its duties were transferred to the newly appointed office of Master of the Supreme Court. The Supreme Court of the Cape of Good Hope was established in 1827. Subsequently a code for the administration and distribution of insolvent estates was enacted on behalf of minors and persons under curatorship.

The Master controls the administration of deceased and insolvent estates. In this connection he protects the property rights of creditors and heirs and especially of minors. The acts which mainly control his functions are the Administration of Estates Act, 1965 (Act 66 of 1965), the Insolvency Act, 1936 (Act 24 of 1936), the Companies Act, 1973 (Act 61 of 1973), the Close Corporations Act, 1984 (Act 69 of 1984) and the Trust Property Control Act, 1988 (Act 57 of 1988). He appoints executors and trustees in estates and liquidators of companies. He has in respect of minors to a limited extent the function of upper guardian, especially in regard to alienation of hypothecation of their immovable property. The interests of mentally affected persons and persons under curatorship are also protected by him. The most important task of the Master~s office is to check liquidation and distribution accounts. He has wide powers to enforce proper administration by executors, liquidators and trustees. There were six Master~s offices in South Africa prior to 1997, one in each of the provincial capitals and one at Kimberley and also Grahamstown.

The Supreme Court of the Colony of the Cape of Good Hope was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Thereby a Court of Record was constituted originally consisting of a Chief Justice and two puisne judges with jurisdiction in all cases, civil, criminal or mixed. A Registrar was appointed to keep the records of the court, inter alia, recording judgments, file petitions, declarations, applications, admissions of advocates, attorneys, sworn translators, etc.

In September 1909 the South Africa Act created a Supreme Court for the whole of South Africa consisting of an Appellate Division, a Provincial Division for each of the four provinces and a number of local divisions. The Supreme Court of the Cape Colony was thereby transformed into the Cape of Good Hope Provincial Division of the new Supreme Court of South Africa. Originally the Cape Division had jurisdiction over the whole of the Cape Province, although concurrently with the Eastern Cape (Grahamstown) and Griqualand West (Kimberley) Local Divisions in their areas of jurisdiction. However, in 1957 the Eastern Cape division was elevated to the status of a provincial division, and in 1969 the Griqualand West division was similarly elevated, becoming the Northern Cape Division. Upon elevation these divisions became independent from the Cape Division.

When the final Constitution of South Africa came into force in 1997, the Cape of Good Hope Division of the Supreme Court became a High Court. In 2003, in terms of the Interim Rationalisation of Jurisdiction of High Courts Act, 2001, the area of jurisdiction of the Cape High Court was modified to coincide with the boundaries of the Western Cape province. The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town". In 2013, in the restructuring brought about by the Superior Courts Act, it became the Western Cape Division of the High Court of South Africa.

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.

A few weeks after assuming duty as Commander at the Cape, on 12 October 1679, Simon van der Stel undertook a tour of inspection into the interior where he discovered the fertile valley which he called the Stellenbosch (“Stel en Bosch”).

The particularly advantageous conditions for land ownership encouraged settlement in the valley and by May 1680 eight families were already settled there.

To settle disputes between the burghers of the new district over matters like farm boundaries and roads, a Court of Heemraden consisting of four inhabitants of the district, was established on 31 August 1682. The court, which had to report to Government, was an unofficial body without clearly defined powers.

On April 1685 Commissioner HA van Reede arrived at the Cape as the head of a Commission of Enquiry into Company matters. He made numerous changes in the local administration at the Cape. A landdrost was appointed at Stellenbosch who, as chairman of the Heemraden, acted as a court to settle disputes over boundaries, roads, etc and try cases not exceeding the sum of 50 rixdollars. Appeals could be made against decisions of the College of Heemraden except in minor cases and disputes not exceeding 25 guilders. The landdrost’s duties also include social matters.

In 1688 and the subsequent years the white population at the Cape increased as a result of the arrival of the Huguenots who established themselves mainly in the Stellenbosch and Drakenstein district, as the district of Stellenbosch was then known. Since 1697 the Drakenstein area formed an almost separate administrative unit with its own heemraad.

The district of Stellenbosch initially comprised the entire interior of the settlement at the Cape. As the boundaries of the district expanded, a need was felt to establish a new magistracy in the far interior to attend to the needs of the burghers. This resulted in the establishment of the district of Swellendam in August 1745 and the revision of the limits of Stellenbosch and the area of jurisdiction of the Landdrost and Heemraden of Stellenbosch and Drakenstein.

The settlement at the Cape continued to expand and the boundaries of the districts had to be altered continually. In 1803 the settlement consisted of four districts, ie Cape Town, Stellenbosch, Swellendam and Graaff-Reinet. The wide-spread nature of each district caused inconvenience to the outlying farmers and Commissioner De Mist recommended the subdivision of the existing districts. The district of Stellenbosch was divided in July 1804 whereby a new district named after Governor Tulbagh was created. By September 1804 the arrangements for the division were completed and the boundary between the two districts established.

In 1805 the duties and powers of the Landdrost and Heemraden were clearly defined and matters relating to land, vendue and finance placed within their jurisdiction.

In February 1808 the boundaries of the districts of Tulbagh and Stellenbosch were redefined.

The first form of administration in the area, which later constituted the Graaff-Reinet district, was an official appointed in October 1780 as "Commandant of the Lands in the East".

After numerous petitions to the Council of Policy a magistrate was eventually appointed for the Graaff-Reinet district on 13 December 1785.

The magistrate acted as chairman of the Slave Office, Clerk of the Peace, representative of the Orphan Chamber, chairman of the matrimonial court, etc.

In 1671 the ship "Isselsteijn" anchored in False Bay to take in provisions. In search of a suitable harbour for Company ships, Simon van der Stel made a survey of the peninsula's coastline in1687 and isolated the bay which he considered had been the one at which the "Isselsteijn" had anchored as the most suitable and called Simon's Bay.

In 1742 the Lords LVII ordered that buildings be erected in False Bay for storing anchors, ropes and other provisions for ships which would anchor in the bay annually between mid-May and mid-August. After Baron van Imhoff personally visited False Bay in 1743, he instructed that a storehouse, a hospital and living quarters for officials be erected in Simon's Bay. Sergeant J Plas (Blas) was appointed as Post Holder and in 1745 promoted to Signal Bearer to give greater authority to the position.

Since the duties connected with the position concerned mainly the supply of ships provisions and therefore comprised largely clerical rather than military duties, the title Standard Bearer and Post Holder was altered in 1762 to Sub-Purchaser and Post Holder.

In 1785 the Sub-Purchaser and Post Holder, C Brand, was appointed to the Court of Justice although he was unable to attend the meetings and in February 1786 he was promoted to Purchaser and Post Holder.

To remove doubt as to the importance of the position, especially from foreign nations, and to grant it greater authority, Brand's title changed to Resident and Post Holder in May 1786, which it remained until the First British Occupation in 1795.

In April 1796 the town, already known as Simon's Town, was occupied by British forces and the commanding officer, apart from his duties as military commandant, was also made responsible for the general welfare of the district.

In 1799 Simon's Town was declared a ward under a sole wardmaster as an aid to the military commandant in preserving the peace. The wardmaster was chiefly responsible for compiling lists of inhabitants, their occupations and especially strangers in the ward. Suspicious persons were to be reported to the commanding officer and murders, thefts, etc to the fiscal. He was also responsible for the supervision of roads and the abattoir.

During the Batavian administration the military commandant and wardmaster were still responsible for the military and civil supervision of the area.

After the Second British Occupation in 1806 Major Tucker was appointed Commandant and wardmaster Roselt Adjunct-Fiscal. The Commandant was to assist the Adjunct-Fiscal in preserving the peace and interfere as little as possible except in cases of obvious neglect of duty or corruption which had to be reported to the Governor. He was also to assist in receiving public revenue and report to the Governor concerning shipping and ships' passengers and roads and buildings.

In 1814 the area south of the line from Muizenberg to Noordhoek was ceded to the Cape district and the district of Simon's Town, under a Government Resident, established. The Resident had the same powers as a landdrost and had to report to the commandant. The district consisted of two field-cornetcies and Simon's Town itself was divided into two wards, each under a wardmaster with the same duties as the wardmasters in Cape Town. The solemnisation of marriages and trial of criminal and civil cases of the district were still, however, the responsibility of the various courts in Cape Town. In 1824 two heemrade were appointed. Together with the Resident they formed a matrimonial court as well as a court for trying cases, making Simon's Town a full-fledged magistracy.

With the revision of the judicial system in 1827 the court of the Resident and Heemrade at Simon's Town was abolished and a magistrate appointed. No civil commissioner was appointed and for fiscal purposes the district fell under the Civil Commissioner of Cape Town. The resident magistrate would form a matrimonial court together with his clerk.

In 1834 the court and office of the Resident Magistrate of Simon's Town was abolished and the district incorporated with the district of Cape Town. A police court under a justice of the peace still functioned in Simon's Town but only in cases punishable by not more than thirty-nine strokes, fourteen days imprisonment or forty shillings fine and complaints in minor criminal cases.

In 1848 the court of the resident magistrate for the district of Simon's Town was re-established. Fiscal independence was only granted in 1879 when Simon's Town was declared a separate division.

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.

The office of the Prime Minister was created by the Responsible Government Act of 1872 and Sir John Charles Molteno became the first Prime Minister of the Cape (1872 – 1878). Initially the Prime Minister’s department fell under the Ministerial Division of the Colonial Secretary. However, in 1889 a separate ministry was established. In 1891, this office was again placed under the Colonial Secretary but separated later in 1894.

The function of the Prime Minister’s office was to act as a medium of communication between the Governor and the Government. It dealt with despatches between the Colonial and Imperial governments and with correspondence between other British Colonies and dependencies. Communications between the two legislative branches and the government passed through the Prime Minister’s Office, from which emanated all instructions affecting the public service as a whole. In December 1908 the Ministerial Division of the Prime Minister was abolished and the office once again came under the administration of the Colonial Secretary until 1910.

Prime Ministers, 1872 – 1910:
Sir John Charles Molteno, 1 December 1872 – 5 February 1878
Sir John Gordon Sprigg, 6 February 1878 – 8 May 1881
Thomas Charles Scanlen, 9 May 1881 – 12 May 1884
Sir Thomas Upington, 13 May 1884 – 24 November 1886
Sir John Gordon Sprigg, 25 November 1886 – 16 July 1890
Cecil John Rhodes, 17 July 1890 – 12 January 1896
Sir John Gordon Sprigg, 13 January 1896 – 13 October 1898
William Philip Schreiner, 13 October 1898 – 17 June 1900
Sir John Gordon Sprigg, 18 June 1900 – 21 February 1904
Sir Leander Starr Jameson, 22 February 1904 – 2 February 1908
John Xavier Merriman, 3 February 1908 – 31 May 1910