The Colonial Secretary was the most important government official at the Cape during the Second British Occupation. Initially, the majority of the governmental administrative powers were vested in him. The constitutional changes during the latter half of the nineteenth century resulted in an increase in the number of government departments and a decentralisation of functions.
After the capitulation of the Colony to the British authorities in 1806 a Secretary to Government was nominated, but only in May 1807 was a permanent Secretary and Register of Records appointed, who was to be assisted by a deputy.
All acts done and order issued in the name of the Governor were to be by the Secretary and Register of Records, and fees, which would be audited and paid to His Majesty’s Receiver General quarterly, were to be received in his office. As administrative head all letters and memorials from departments and individuals on colonial and civil matters were to be sent to the Colonial Secretary’s Office.
The Colonial Secretary often officiated as head of government during the Governor’s absence, although he was not officially empowered to do so.
The Colonial Secretary was, by virtue of his position, to be a member of the Executive and Legislative Councils which were established in 1834. After the introduction of representative government in 1854, the Colonial Secretary was permitted to take part in discussions in both the House of Assembly and Legislative Council, but could not vote.
In 1872 the Cape Colony received responsible government which resulted in the establishment of the ministerial divisions of the Colonial Secretary, the Secretary for Native Affairs, the Commissioner of Crown Lands and Public Works and the Attorney-General. Each ministerial head was responsible for the duties connected with the administration and accounting of various government departments. The Colonial Secretary’s portfolio included the departments of his own office, agriculture, divisional courts and police, education, post office, and medicine (hospitals), and these departments therefore correspond with and reported to him.
For practical purposes the ministerial portfolios were altered from time to time. In 1892 the duties connected with the various agriculture departments and in 1893 those connected with the post office, agent-general and auditor-general were transferred from the Colonial Secretary to the Treasurer, in in 1894 those of the divisional courts and police to the Attorney-General. Certain departments, formerly attached to the divisions of other ministers, were again assigned to that of the Colonial Secretary, for example the departments of printing and stationary in 1882, of convicts, prisons, industries and the Porter Reformatory in 1894, defence and the Cape Mounted Police in 1904, and the newly established Department of Public Health in 1907.
Within the Colonial Secretary’s department itself the volume of correspondence and administrative duties resulted in the creation of branches of the office. In 1891 a chief clerk was appointed to head the local government and public health branch. On the establishment of a separate public health department in 1907 the title of the branch was altered to the Local Government and Hospitals Branch.
In 1902 the administrative and convict branches were amalgamated under a chief clerk. The title of the Defence and Police Branch, which resulted after the transfer of the administration of the respective departments in 1904, was changed to the Defence Branch on the assigning of the administration of the Cape Mounted Police to the Attorney-General’s portfolio in 1908. The Defence Branch of the Colonial Secretary’s Office continued to handle matters relating to defence such as medals, arms and ammunition and explosives.
From 1905 an officer was placed in charge of the Immigration and Labour Branch of the Colonial Secretary’s Office to exercise the duties of the Chinese Exclusion Act (1904) and the Immigration Act (1902) formerly performed by the Medical Officer of Health.
The Colonial Secretary’s department was also responsible for performing the duties in connection with specific acts. From 1883 all applications for naturalisation papers were to be made to him whereas such applications had formerly been in the form of memorials addressed to the Governor. From 1891 the management of the Life Assurance Act (1891) was assigned to the Colonial Secretary’s department. In 1899 the sale of arms and ammunition was limited with permits obtainable from the Colonial Secretary.
On the creation of the Union of South Africa in 1910 the office of the Colonial Secretary was abolished, and the duties assigned to the Minister of the Interior.
According to the provisions of Ordinance 104 and 105 of 1833, the Orphan Chamber was abolished and its duties were transferred to the newly appointed office of the 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, 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. 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.
During the regime of the Dutch East India Company the financial affairs of the Colony were transacted in the office of the Secretary of the Council of Policy, and it was only during the first British Occupation of the Cape Colony, that an independent office for the collecting and spending of public revenue was established. This happened on 10 October 1795, when JJ Rhenius was appointed “Collector General and Treasurer”.
Rhenius was, however, not known as Treasurer, but as Receiver-General. Into his hands all income of government was paid by the district collectors. The accounts and receipts were audited, and when certified correct by the Auditor of Accounts, the Receiver-General was authorised by the Colonial Office to receive the money and carry it to public account. He paid all accounts due by the government on authority of a warrant issued by the Governor. The Receiver-General also saw to the exchange of old and defaced paper money, and made a list of the worn money, which was examined and destroyed under his supervision and that of a special commission.
Under the government of the Batavian Republic the office of the Receiver-General remained in existence. In his “Memorandum” de Mist recommended the appointment of a “Generaal Ontvanger … die de produkten van alle de middellen uit handen der subaltern Ontvangers, Bailluwen, Collecteurs of Pagters behoorde overteneemen met elk derselve te sluiten – en alle die Ontvangsten, met zyne Uitgaven, door Ordonnantien en quitantien, te Justificeeren, in een Boek, te verantwoorden”. It was also stipulated that in future the Receiver-General should be under direct control of the “Rekenkamer”, the establishment of which de Mist also recommended. No payments should be made without a warrant of the Governor and Council of Policy, countersigned by the “Rekenkamer”. Furthermore, no money could be received and brought to public account without a qualification from the Governor, Council of Policy and Rekenkamer”. He also laid down that the books of the Receiver-General should annually, in March, be audited by the “Rekenkamer”.
In 1806 when the British for the second time occupied the Cape Colony, the “Rekenkamer” was abolished, but the Receiver-General continued with his duties. In 1828 the first change of importance took place when the title of the office was changed to that of Treasurer and Accountant General. As the documents left by the Receiver-General and Treasurer and Accountant General form a unity, they were kept as such in the inventory.
During the next years the amount of work and the importance of this office increased. In 1872 the title was changed to “Treasurer of the Colony” and promoted to Cabinet rank. It was, however, not before Act No 14 of 1893 was passed that the title of “Treasurer” was officially recognised.
The Treasury was no longer a depository of revenues and moneys, charged only with the custody and issue, but had all the duties and responsibilities such as the Chancellor of the Exchequer of England had. The Treasurer was now in charge of revenue, responsible for the proper collection thereof, he had to devise new taxation to meet any shortage of revenue, to state whether there were any funds to meet contingencies improvided for, and to recommend to the Governor to issue a covering warrant. He was also in charge of the Pension and Guarantee Funds, and had to make an annual budget speech before Parliament. Furthermore, the following departments were controlled by Treasury: Customs, Licences and Stamps, Income Tax, Excise, Post and Telegraphs, Audit Office and High Commissioner.
During 1888 an important reorganisation took place. The Treasury was divided into two branches, namely Receiver General and Paymaster General. The permanent chief, the Assistant Treasurer acted as Receiver General of Revenue, and all Civil Commissioners as receivers of revenue. The Assistant Treasurer also acted as Paymaster General.
On 18 July 1889, all matters relating to the administration of protocols and registers of Notaries Public, were transferred to Treasury from the Colonial Office.
Important additional functions were imposed on the Treasury from 18 September 1892. From the Colonial Office were transferred Agriculture, and from the Commissioner of Crown Lands and Public Works the following: crown forests and plantations, manufacture of Colonial wood sleepers, geological explorations, irrigation and water supply, mines, Surveyor-General and miscellaneous services.
During the following year further additions came from the Colonial Secretary’s Department. These were: Agent-General for the Colony in London, Controller and Auditor General, General Post Office, and conveyance of Mails.
In 1897 the Sinking Fund Commission was created of which the Treasurer was ex officio chairman. From 1898 the Treasurer was also responsible for the administration of the “Friendly Societies”.
The next change in the duties of the Treasurer took place in 1906 when the Auditing Act was passed. According to the provisions of this act accounting officers were appointed for the different departments. These functions devolved on the Treasurer and the accounting work of the following departments was transferred to the Treasury: Prime Minister, Native Affairs, Controller of Customs (exclusive of Revenue), Controller and Auditor General and Public Works Department. It was further stipulated “that all expenditure and receipts other than Revenue hitherto paid and received by Civil Commissioner, Cape, will be performed by the Treasury”. To carry out these functions a “Chief Paymaster and Accounting Officer of the Treasury” was appointed.
When Union came into being, Treasury was transferred to Pretoria, but a Treasury Representative in the person of the Civil Commissioner, Cape, cared for the local interests of Treasury.
Prime Minister, Cape of Good Hope
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
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.
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.
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.
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.