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Authority record

Council of Justice

  • CJ
  • Governmental body
  • 1652 – 1843

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).

Secretary, Divisional Council of Laingsburg

  • 4/LBG
  • Governmental body
  • 1905 – 1979

The Divisional Council of Laingsburg was constituted on 3 November 1905 under the provisions of Act No 40 of 1889. According to the requirements of the said act the division was divided into six districts (Cape of Good Hope Government Gazette No 8802 dated 3 November 1905, Proclamation No 386 dated 30 October 1905).

On 1 January 1980 the Divisional Council of Laingsburg was reconstituted with the Divisional Council of Worcester to form the amalgamated Divisional Council of Matroosberg (Cape of Good Hope Official Gazette No 4061 dated 20 July 1979, Proclamation No 174 dated 18 July 1979).

A considerable amount of documents was lost during the flood of 25 January 1981.

Town Clerk, Municipality Stellenbosch

  • 3/STB
  • Governmental body
  • 1840 - 2012
The Stellenbosch Municipality was created by virtue of a proclamation published in Government Gazette No 1798 of 5 June 1840. The first meeting of the Commissioners of the Municipality took place on 29 June 1840. In terms of the Local Government Transition Act, 1993 (Act 209 of 1993) the Stellenbosch Transitional Local Council was established on 1 February 1995 (Province of Western Cape Provincial Gazette No 4925, 31 January 1995, Proclamation No 28, 30 January 1995). In terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) the existing Stellenbosch Transitional Local Council together with the Municipality for the Area of Franschhoek, Nuweberg Transitional Representative Council, Paarl Transitional Representative Council, Pniel Transitional Local Council and Stellenbosch Transitional Representative Council was disestablished and the Stellenbosch Local Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 5590, 22 September 2000, Provincial Notice No 489, 22 September 2000). The Stellenbosch Local Municipality forms part of the larger Cape Winelands District Municipality.

Town Clerk, Municipality Kuruman

  • 3/KMN
  • Governmental body
  • 1913 - 1965

The Village Management Board of Kuruman was established on 12 June 1913 under provision of the Villages Management Act, 1881 and sections 80 and 81 of the South Africa Act, 1909, in terms of Proclamation No 144, 1913 (The Province of the Cape of Good Hope Official Gazette No 269, 11 July 1913).

The Municipality of Kuruman was established on 18 April 1916 under provision of section 10 of the Cape Municipal Ordinance, 1912 in terms of Proclamation No 71, 1916 (The Province of the Cape of Good Hope Official Gazette No 431, 21 April 1916).

In 1994 Kuruman became part of the Northern Cape Province. It forms part of the Ga-Segonyana Local Municipality, one of three local municipalities that falls under the John Taolo Gaetsewe (formerly Kgalagadi) District Municipality.

Town Clerk, Municipality Mossel Bay

  • 3/MBA
  • Governmental body
  • 1875 – 1989

The Municipality of Mossel Bay was constituted on 5 July 1865 in terms of Proclamation No 59 of 1865 under provision of Ordinance No 9 of 1836.

In terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) the existing Municipality of Mossel Bay together with the municipalities of Great Brak River and Herbertsdale, the Friemersheim Transitional Council, and the transitional representative councils of Mossel Bay and Outeniqua, was disestablished and the Mossel Bay Local Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 5592, 22 September 2000, Provincial Notice No 500, 22 September 2000). The Mossel Bay Local Municipality forms part of the larger Garden Route District Municipality.

According to the Town Clerk all archives, with the exception of council and general standing committees minutes older than thirty years, were destroyed during a fire in 1961.

Town Clerk, Municipality Goodwood

  • 3/GWD
  • Governmental body
  • 1925 - 1979

The Village Management Board of Goodwood was constituted at a public meeting held in Goodwood on 5 August 1925 in terms of the provisions of Ordinance No 10, 1921 (ref 3/GDW 1, p1). The establishment of the Village Management Board was officially gazetted on 5 June 1925 under provision of section four (a) of the Village Management Board Ordinance, No 10, 1921 in terms of Proclamation No 72, 1925 (Province of the Cape Good Hope Official Gazette, No 981, 5 June 1925).

In terms of Proclamation No 129 of 1938 the Village Management Board of Goodwood ceased to exist and the Municipality of Goodwood was constituted on 28 October 1938 under the provision of section four (b) of Ordinance No 10, 1921 and sections ten (a) and ten (e) of Ordinance No 10 of 1921 (Province of the Cape of Good Hope Official Gazette, No 1784, 28 October 1938).

In terms of Proclamation No 27 of 28 May 1996 the Tygerberg Substructure was established on 29 May 1996 with the amalgamation of the Municipalities of Parow, Bellville, Goodwood, Lingelethu West, Durbanville, Mfuleni and parts of Cape Town, Milnerton and the Cape Metropolitan Board (Province of Western Cape Provincial Gazette Extraordinary, No 5051, 28 May 1996).

Town Clerk, Municipality Clanwilliam

  • 3/CWM
  • Governmental body
  • 1900 – 2000

The Municipality of Clanwilliam was constituted on 12 March 1900 under provision of Government Notice No 187, 1900 in terms of the Municipal Act of 1882 (The Cape of Good Hope Government Gazette No 8215, 16 March 1900).

In terms of the Local Government Transition Act, 1993 (Act 209 of 1993) the Municipality of Clanwilliam was dissolved with effect from 1 January 1995 and the Clanwilliam Transitional Local Council established (Province of Western Cape Provincial Gazette No 4916, 30 December 1994, Proclamation No 128, 28 December 1994).

In terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) the existing Clanwilliam Transitional Local Council together with the Clanwilliam Transitional Representative Council, Citrusdal Transitional Local Council, Graafwater Municipality, Lamberts Bay Municipality, Piketberg Transitional Representative Council and the Vanrhynsdorp Transitional Representative Council was disestablished and the Cederberg Local Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 5589, 22 September 2000, Provincial Notice No 482, 22 September 2000). The Cederberg Local Municipality forms part of the larger West Coast District Municipality.

According to a declaration signed by the Town Clerk, Clanwilliam in 1987, Council archives prior to 1955 that are missing from the various series in this inventory could not be traced.

Town Clerk, Municipality Fish Hoek

  • 3/FHC
  • Governmental body
  • 1921 - 1970

A Local Board was established at Fish Hoek on 19 July 1921 under the provisions of Proclamation No 158, 1921 in terms of Ordinance No 11, 1921 (Province of the Cape of Good Hope Official Gazette, No 754, 22 July 1921).

The Local Board was abolished as from 29 December 1926. A Village Management Board was established at Fish Hoek as from 1 January 1927 under the provisions of Proclamation No 164, 1926 in terms of Section 4(a) of Ordinance No 10, 1921 (Province of the Cape of Good Hope Official Gazette, No 1047, 27 August 1926).

The Municipality of Fish Hoek was established on 21 October 1940 under the provisions of Proclamation No 170, 1940 in terms of Section 4(b) of Ordinance No 10, 1921 and Section 8(1) of Ordinance No 14, 1938 (Province of the Cape of Good Hope Official Gazette, No 1907, 25 October 1940). Fish Hoek was administered by the Town Council until 1996.

Fish Hoek formed part of the transitional South Peninsula Municipality from 1996 to 2000. In December 2000 the Cape Metropolitan Council and the six interim Transitional Municipal Substructures were dissolved and replaced by the unified City of Cape Town.

Town Clerk, Municipality Loxton

  • 3/LTN
  • Governmental body
  • 1905 – 1986

The Municipality of Loxton was constituted on 2 June 1905 under the provisions of the Municipality Act, 1882 and in terms of Proclamation No 188, 1905 (Cape of Good Hope Government Gazette, No 8761, 13 June 1905).

In 1994 Loxton became part of the Northern Cape Province. It forms part of the Ubuntu Local Municipality of the Pixley ka Seme District Municipality.

Town Clerk, Municipality Lambert's Bay

  • 3/LBB
  • Governmental body
  • 1934 - 2000

The Village Management Board of Lambert’s Bay was established on 22 February 1934 under provision of section 4(a) of Ordinance No 10, 1921 in terms of Proclamation No 37, 1934 (The Province of the Cape of Good Hope Official Gazette No 1492, 2 March 1934).

The Municipality of Lambert’s Bay was established on 4 January 1969 under provision of section 8 of the Municipal Ordinance, 1951 read with section 4(b) of the Village Management Boards Ordinance, 1921 and in terms of Proclamation No 303, 1968 (The Province of the Cape of Good Hope Official Gazette No 3478, 4 October 1968).

In terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) the existing Lambert’s Bay Municipality together with the Citrusdal Transitional Council, Clanwilliam Transitional Representative Council, Clanwilliam Transitional Local Council, Graafwater Municipality, Piketberg Transitional Representative Council and the Vanrhynsdorp Transitional Representative Council was disestablished and the Cederberg Local Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 5589, 22 September 2000, Provincial Notice No 482, 22 September 2000). The Cederberg Local Municipality forms part of the larger West Coast District Municipality.

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