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Authority record
Northern Cape

Town Clerk, Municipality Victoria West

  • 3/VCW
  • Governmental body
  • 1847 – 1960

Municipal regulations, adopted by the resident householders of Victoria West during a meeting held on 19 November 1858, were officially published in terms of Proclamation No 9 of 1859 under provision of Ordinance No 9 of 1836 (Cape of Good Hope Government Gazette, No 3007 of February 1859).

In 1994 Victoria West became part of the Northern Cape Province. It is the seat of the Ubuntu Local Municipality within the larger Pixley ka Seme District Municipality.

Magistrate, Britstown

  • 1/BTT
  • Governmental body
  • 1886 – 1980

On 2 January 1880 the magistrate of Richmond was appointed to hold a periodical court at the newly established town of Britstown. On 13 August 1886 a special justice of the peace took over the duties of the magistrate of Richmond.

On 7 November 1891 a resident magistrate was appointed at Britstown. The magistrate held a periodical court at De Aar from 1896.

Town Clerk, Municipality Williston

  • 3/WIL
  • Governmental body
  • 1881 – 1964

The Municipality of Williston, which was formerly known as Amandelboom, was granted municipal regulations on 20 July 1881 in terms of Proclamation No 106 of 1881 under provision of Ordinance No 9 of 1836 (Cape of Good Hope Government Gazette No 6169, 29 July 1881). The name Amandelboom was changed to Williston in terms of Proclamation No 133 of 9 August 1883 under provision of the Municipal Act of 1882 (Cape of Good Hope Government Gazette No 6398, 10 August 1883).

In 1994 Williston became part of the Northern Cape Province. It forms part of the Karoo Hoogland Local Municipality, one of seven local municipalities that falls under the Namakwa District Municipality.

Master of the Supreme Court, Kimberley

  • MOK
  • Governmental body
  • 1871 – 1956

The High Court of Griqualand West was established on 27 October 1871 (The Cape of Good Hope Government Gazette Extraordinary, No 4386, 28 October 1871, Proclamation No 70, 27 October 1871).

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, 1973 (Act 61 of 1973), the Close Corporations 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. He has in respect of minors to a limited extent the function of upper guardian, especially in regard to alienation of hypothecation of their immovable property. The interests of mentally affected persons and persons under curatorship are also protected by him. 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.

Magistrate, Carnarvon

  • 1/CAR
  • Governmental body
  • 1875 – 1976

A magistrate's court for the district of Carnarvon was established on 23 September 1874. In that year the name of the town changed from Harmsfontein to Carnarvon.

The magistrate held a periodical court at Van Wyksvlei.

Magistrate, Calvinia

  • 1/CVA
  • Governmental body
  • 1888 – 1982
A magistrate for the district of Calvinia was appointed on 6 August 1855. He held periodical courts at Nieuwoudtville, Brandvlei and Loeriesfontein, and acted as chairman of the liquor licensing court.

Magistrate, Douglas (Herbert)

  • 1/DGS
  • Governmental body
  • 1872 – 1981

On the recommendation of the Commissioners of Inquiry the entire judiciary system was revised in 1827, based on the Charter of Justice. The colleges of landdrosts and heemrade were abolished and replaced with resident magistrates and civil commissioners.

According to these instructions, the resident magistrate had jurisdiction in civil cases where the disputed sum did not exceed £10 and where titles to land, etc. were not in dispute.

In criminal cases, his jurisdiction was limited to cases not punishable with death, transportation, banishment, fines exceeding £5 or imprisonment exceeding one month. Documentation was to be in English and appeals against decisions in cases exceeding 40 shillings could be lodged with the Circuit Court. Together with the clerk of the peace, who was also to be public prosecutor, the resident magistrate formed a matrimonial court for the registration of marriages.

The civil commissioner was responsible for tax collecting and other functions formerly performed by the landdrost and heemrade, which had not been assigned to the resident magistrate.

The revised Charter of Justice of 1832 brought little fundamental change to the newly created judiciary system.

In 1834 the offices of Resident Magistrate and Civil Commissioner were consolidated.

By Act No 20 of 1856 and Act No 22 of 1875 resident magistrates received extended jurisdiction and also performed miscellaneous semi and non judicial functions.

In 1882 provision was made for the appointment of assistant resident magistrates. In 1884 the use of Dutch in all court documentation was again permitted on an equal footing with English.

After Union in 1910 the laws relating to magistrates courts were consolidated and magisterial jurisdiction was amended from time to time by various subsequent acts.

Act No 38 of 1927 made provision for the appointment of (native) commissioners for any area in which large numbers of blacks resided. Magistrates of certain districts were authorized to act as such commissioners and to hear civil cases according to the native law. Criminal cases were subject to the Magistrate’s Court Act of 1917 as amended and the Criminal Procedure and Evidence Act No 31 of 1917 as amended.

Apart from his judicial and administrative functions, the resident magistrate and civil commissioner also performed semi-judicial duties such as to act as coroner at inquests. In an ex-officio capacity, he acted as chairman of the liquor licensing court, the divisional council, the rent board, etc. During the Anglo-Boer War, he also acted as deputy administrator of martial law. Additional duties performed by the resident magistrate include those in connection with the matrimonial court, the slave office, the registration of births and deaths, and tax and customs.

Magistrate, Fraserburg

  • 1/FBG
  • Governmental body
  • 1860 – 1973
A Magistrate’s Court was established at Fraserburg on 29 December 1859 (Government Gazette No 3102 dated 30 December 1859, Proclamation No 112).

Magistrate, Hanover

  • 1/HAN
  • Governmental body
  • 1876 – 1976

A periodical court, to be held by the magistrate of Colesberg, was established at Hanover on 28 December 1857. This periodical court was abolished on 13 November 1876 when a magistrate was appointed for the district of Hanover. For the period up to December 1876 when the Magistrate of Colesberg tried cases in the Periodical Court at Hanover see 1/CBG D1/1/1 – 2/2/1 in the Colesberg Magistrate’s group.

The magistrate acted as deputy registrar of births and deaths, chairman of the water and liquor licensing courts and as controller of the Cape Mounted Police.

Magistrate, Kenhardt

  • 1/KEN
  • Governmental body
  • 1886 – 1973

A Special Justice of the Peace was appointed at Kenhardt on 16 September 1881 (Government Gazette No 6184 of 16 September 1881, Government Proclamation No 150 of 1881).

A Magistrate’s Court was established at Kenhardt on 22 January 1889 (Government Gazette No 7052 of 22 January 1889, Government Proclamation No 12 of 1889). A Periodical Court, held by the Magistrate of Kenhardt, was established at Pofadder on 28 September 1923 (Government Gazette No 1344 of 28 September 1923, Government Proclamation No 207 of 1923). According to the records, this court was probably abolished in May 1960.

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