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Authority record

Magistrate, Robertson

  • 1/RBN
  • Governmental body
  • 1858 – 1995
A Resident Magistrate’s Court was established at Robertson on 30 October 1858 (Government Gazette No 2981, dated 2 November 1858, Proclamation dated 30 October 1858).

Magistrate and Bantu Affairs Commissioner, Peddie

  • 1/PDE
  • Governmental body
  • 1848 – 1975

A magistrate’s court was established at Fort Peddie on 8 March 1848 (Government Gazette No 2206 dated 9 March 1848, Proclamation dated 8 March 1848).

The magistrate was also appointed Native Commissioner as from 1 October 1928 (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865 dated 26 October 1928).

Magistrate and Bantu Affairs Commissioner, Willowvale

  • 1/WVE
  • Governmental body
  • 1879 – 1963

The Cape Government exercised a nebulous and ill-defined control over areas to the north-east of the Colony, and specifically in Gcalekaland, prior to 1877. Resident Magistrates has acted more as “Agents” than Magistrates, being attached more to a tribe than to an area or town. In 1877 and 1878 the Gcaleka fought and lost a war with the Colonial Authorities. During the course of the war they were officially dispossed of their land (Cape of Good Hope Government Gazette No 5735, dated 16 October 1877, Proclamation No 98, dated 5 October 1877) to legitimize the Colonial Forces’ invasion. Upon the ending of the war the Cape Government indicated its intention of annexing Gcalekaland. Objections from the British Government and hesitation on the part of the Cape Government delayed the issue until Gcalekaland was officially incorporated into the Cape on 2 October 1885 (Cape of Good Hope Government Gazette No 6642, dated 1 September 1885, Proclamation No 140 of 1885, dated 26 August 1885). FN Streatfield who had been Resident Magistrate since January 1879 was replaced on 2 October 1885 by Martin W Liefeldt. During Streatfield’s period at Willowvale he was supervised by MS Blyth, Chief Magistrate of the Transkei. Due to the Transkei being granted self-government all documents subsequent to 1 November 1963 were deposited in the Transkeian Archives Depot at Umtata (now Mthatha Archives Repository).

A Bantu Affairs Commissioner’s Court was established at Willowvale on 26 October 1928 (Government Gazette No 1734, dated 26 October 1928, Government Notice No 1865, dated 26 October 1928).

Magistrate, Stutterheim

  • 1/SHM
  • Governmental body
  • 1877 – 1981
A magistrate’s court was established at Stutterheim on 1 November 1877 (Government Gazette No 5740, dated 2 November 1877, Proclamation No 105, dated 1 November 1877).

Magistrate and Bantu Affairs Commissioner, Ngqeleni

  • 1/NQL
  • Governmental body
  • 1894 – 1963

On 16 March 1894 JG Leary was appointed Acting Magistrate for the territory of Western Pondoland (Government Gazette No 7591 dated 23 March 1894, Government Notice No 348 dated 16 March 1894). After Pondoland was annexed to the Cape Colony on 25 September 1894, a magistrate’s court was established at Ngqeleni and Leary was appointed as Resident Magistrate (Government Gazette No 7645 dated 28 September 1894, Proclamations Nos 339 and 341, dated 25 September 1894 and Government Notice No 946 dated 25 September 1894).

The Magistrate of Ngqeleni was also appointed Native Commissioner on 1 October 1928 (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865 dated 26 October 1928).

Magistrate and Bantu Affairs Commissioner, Mqanduli

  • 1/MQL
  • Governmental body
  • 1879 – 1969

CF Blakeway was appointed as acting Resident Magistrate at Mqanduli as from 27 August 1878 (Cape of Good Hope Blue Book, 1878 Divisions, B10). When Tembuland Proper was annexed to the Cape Colony on 26 August 1885 a magistrate’s court was established at Mqanduli (Government Gazette No 6642 dated 1 September 1885, Proclamation No 140 dated 26 August 1885).

The magistrate of Mqanduli was also appointed Native Commissioner as from 1 October 1928 (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865 dated 26 October 1928).

Magistrate, Simonstown

  • 1/SMT
  • Governmental body
  • 1793 – 1985

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.

Magistrate and Bantu Affairs Commissioner, Mount Frere

  • 1/MFE
  • Governmental body
  • 1876 – 1967

JH Garner was appointed Assistant Magistrate of Makaula (Mount Frere) with effect from 1 May 1876 (Government Gazette No 5577 dated 17 May 1876, Government Notice No 262 of 1876: Cape of Good Hope Blue Book, 1877, p B178).

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

Magistrate, Paarl

  • 1/PRL
  • Governmental body
  • 1839 – 1984
A Magistrate’s Court was established at Paarl on 23 January 1839 (Government Gazette No 1727 dated 25 January 1839, Proclamation dated 24 January 1839, Ordinance No 1 dated 23 January 1839).
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