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The emancipation of the slaves in 1834 gave rise to the eventual erection of its own magistracy for Malmesbury. Ordinance No 1 of 1835 regulated the details of the proceedings under the Emancipation Act. Under this act, special magistrates were to be appointed for the protection of the apprentices. For this purpose only, the colony was divided into 14 districts, including Malmesbury, to each of which a special magistrate was assigned. The sole duty of the special magistrate was to enforce the provisions of the Emancipation Act.

When the apprenticeship ceased on 1 December 1838, the Governor considered it advisable to retain, inter alia, the services of the special magistrate of Malmesbury “whereas it is expedient to provide for the more effectual administration of justice….”

Ordinance No 1 of 1839 provided for the establishment of a Court within a district called Malmesbury, which shall be a Court of Record and that the said district of Malmesbury shall be subject to the jurisdiction and authority of a Court of Resident Magistrate.

Mr JM Hill, who acted as special magistrate, was appointed Resident Magistrate for the district of Malmesbury.

The initial area of jurisdiction of the magisterial district of Malmesbury was defined by a proclamation dated 24 January 1839. These boundaries were amended from time to time by various subsequent proclamations in the Government Gazette.

Periodical Courts:

The establishment of periodical courts at Hopefield and Darling from 1 December 1856, originated from a Colonial Secretary’s circular received by the Resident Magistrate of Malmesbury, “inquiring as to the places within your district in which you consider that it would be desirable to hold periodical courts…..” In this regard the Resident Magistrate had to take into consideration the population and the distance from the seat of the resident magistracy. By proclamation No 311 of 1905 an Assistant Resident Magistrate for the district of Malmesbury was appointed at Hopefield.

In December 1856 the Resident Magistrate of Malmesbury visited St Helena Bay and reported on matters concerning the fisheries. Although it is not quite clear, it seems that troubles in connection with the fisheries necessitated the establishment of a periodical court there in 1857. The reason for the abolishment of the periodical court at St Helena Bay from 15 April 1908 cannot be traced.

In connection with a petition with a petition addressed to the Government by the inhabitants of Vredenburg, and ensuing reports by the Resident Magistrate of Malmesbury, a periodical court was established at Vredenburg by a proclamation dated 23 November 1881.

In this regard the Resident Magistrate reported that “the inhabitants of the western portions of the wards St Helena Bay and Saldanha Bay, would not have to travel to attend a court of Justice as is necessary under the present arrangement.”

At Riebeeck West a periodical court was established in May 1898 apparently because of the increase in population.

Functions of the Resident Magistrate:

Judicial Functions:
The limited jurisdiction exercised by the Magistrate of the Malmesbury district until 1856, was derived from Ordinance No 33 of 1827. By Act No 20 of 1856, however, the Magistrate received extended jurisdiction. He now possessed original criminal and civil jurisdiction and performed miscellaneous quasi- and non-judicial function. This magisterial jurisdiction was amended by various subsequent statuses, 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.”

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 matters

Ex-officio Functions:

As reflected in the records (volumes 11/1/5 and 13/1/1) the Resident Magistrate functioned in his ex-officio capacity as:
Deputy Registrar of Births and Deaths
Chairman of the Divisional Road Board
In terms of Act No 5 of 1855 the Resident Magistrate also served as an ex-officio member of the local Divisional Council and, whenever he was present, he acted as chairman of that body.

Additional Duties:

In addition to the above, the Resident Magistrate together with his clerks, formed the Matrimonial Court for his magisterial district.

The records of the Licensing Court were kept in the Resident Magistrate’s Office in accordance with the Codified Circular Instructions.

Clerk of the Peace:

The judicial authority of the Clerk of the Peace as Public Prosecutor was derived from Ordinance No 40 of 1828 as amended.

MAGISTRATES OF MALMESBURY

Name and Date of Appointment
Hill, JM (Special Magistrate) (January 1835)
Hill, JM (Resident Magistrate) (24 January 1839)
Bergh, WF (1 September 1846)
Rainier, J (1 February 1856)
Ford, ES (13 March 1866)
Duthie, GR (8 September 1879)
Faure, JC (14 January 1889)
Sweeny, CJ (3 July 1902)
Wrensch, F (1 April 1912)
Roberts, FMW (1 May 1919)
Lyne, MJ (1 July 1923)
Wither, P (1 March 1928)

The Municipality of Robertson was established on 10 October 1857 under the provisions of Ordinance 9 of 1836.

In terms of Provincial Notice No 491 of 22 September 2000 the municipalities of Robertson, Ashton, Bonnievale, McGregor and Montagu was disestablished and the Breede River/Winelands Municipality was established (Province of the Western Cape Provincial Gazette No 5590 of 22 September 2000). In October 2009 the name of the municipality was changed to Langeberg.

The Pinelands Garden City Local Board was established on 28 July 1921 in terms of Proclamation No 164, 1921 under provision of Ordinance No 11, 1921 (Province of the Cape of Good Hope Official Gazette No 755, 29 July 1921).

The Municipality of Pinelands was constituted on 5 March 1948 in terms of Proclamation No 34, 1948 under provision of Ordinance No 14, 1938 (Province of Cape of Good Hope Official Gazette No 2338, 12 March 1948). The first election of councillors to the newly constituted Town Council took place on 4 April 1948 (volume 3/PLS 1/1/1/1).

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.

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.

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.

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).

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.

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.