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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).

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)

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.

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 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.

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.

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).

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 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.

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.