Showing 362 results

Authority record
Cape Province

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, Graaff-Reinet

  • 1/GR
  • Governmental body
  • 1763 – 1977

The first form of administration in the area, which later constituted the Graaff-Reinet district, was an official appointed in October 1780 as "Commandant of the Lands in the East".

After numerous petitions to the Council of Policy a magistrate was eventually appointed for the Graaff-Reinet district on 13 December 1785.

The magistrate acted as chairman of the Slave Office, Clerk of the Peace, representative of the Orphan Chamber, chairman of the matrimonial court, etc.

Magistrate, George

  • 1/GEO
  • Governmental body
  • 1833 – 2001

A "Kollege" of Landdros and Heemraden was established at George on 23 April 1811.

The magistrate acted as clerk of the peace, deputy administrator, visiting magistrate to the George Convict Station, district commandant during the Anglo-Boer War, deputy registrar of births and deaths, conservator of crown forests, distributor of stamps, etc.

Most of the documents dated before 25 June 1844 were destroyed by fire.

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 and Bantu Affairs Commissioner, Flagstaff

  • 1/FSF
  • Governmental body
  • 1894 – 1963

WP Leary was appointed Resident Magistrate for the District of Umsikaba by Government Notice No 946 dated September 1894. The seat of the magistrate was presumably at Flagstaff, for, by Government Notice 995 dated October 1895 the seat of the Magistrate of Umsikaba was removed from Flagstaff to Lusikisiki. JAP Galdwin was appointed “Assistant Resident Magistrate for the District of Umsikaba to hold a court at Flagstaff in the said district,” by Government Notice 996 dated October 1895.

By Government Notice No 1865 of 26 October 1928, Government Gazette No 1734, the magistrate of Flagstaff, Mr FC Pinketon, was also appointed as Bantu Affairs Commissioner.

Magistrate and Bantu Affairs Commissioner, Engcobo

  • 1/ECO
  • Governmental body
  • 1880 – 1963
Mr WJ Davidson, the Resident Magistrate, was appointed Native Commissioner by Government Notice No 1865 of 1928 published in Government Gazette No 1734 dated 26 October 1928.

Magistrate and Bantu Affairs Commissioner, Elliotdale

  • 1/EDL
  • Governmental body
  • 1879 – 1963

A Magistrate’s Court was established at Elliotdale on 1 February 1877 (PJ Venter: Government Departments of the Cape of Good Hope 1806 – 1910, p 292).

The Magistrate of Elliotdale, Mr E Wilkens, was also appointed Native Commissioner by Government Notice No 1865 of 1928 published in Government Gazette No 1734 dated 26 October 1928.

Magistrate, Durbanville

  • 1/DBN
  • Governmental body
  • 1889 – 1926

An assistant resident magistrate was appointed at Durbanville on 31 August 1899. Prior to his appointment and since November 1872, Durbanville fell under the jurisdiction of Cape Town with the magistrate of Wynberg holding a periodical court at Durbanville. In terms of Act 10 of 1876 a special justice of the peace was appointed for the Durbanville area. This office was abolished when the previous periodical court was again established on 19 July 1888. The Magistrate, Cape Town took over the jurisdiction of Durbanville on 11 November and held a periodical court there until a magistrate was appointed at Durbanville in 1899.

The magistrate held a periodical court at Bellville from 1916 - 1926.

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.

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