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Authority record
Eastern Cape

Magistrate and Bantu Affairs Commissioner, Keiskammahoek

  • 1/KHK
  • Governmental body
  • 1894 – 1973

A Magistrate’s Court was established at Keiskammahoek to be presided over by an Assistant Resident Magistrate as from 1 January 1894 (Government Gazette No 7562, dated 12 December 1893, Government Notice No 1196, dated 8 December 1893).

The Magistrate of Keiskammahoek was also appointed Native Commissioner by Government Notice No 1865 of 1928, published in the Government Gazette No 1734, dated 26 October 1928.

Magistrate and Bantu Affairs Commissioner, Kentani

  • 1/KNT
  • Governmental body
  • 1878 – 1963

Mr MB Shaw was appointed the first magistrate of Kentani, West Gcalekaland on 1 October 1878 (Blue Book for the Cape of Good Hope, 1879, page V B8).

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

Magistrate and Bantu Affairs Commissioner, Komga

  • 1/KHA
  • Governmental body
  • 1877 – 1973

A Magistrate’s Court was established at Komgha on 17 December 1877 (Government Gazette No 5752 dated 14 December 1877, Proclamation 112 dated 13 December 1877).

The Magistrate of Komgha 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, Lady Grey

  • 1/LDG
  • Governmental body
  • 1877 – 1977

On 20 November 1895 Douglas Archibald Campbell was appointed as Assistant Resident Magistrate at Lady Grey in the district of Aliwal North. This appointment was made under the provisions of the 3rd Section of Act No 16 of 1882. The court of the Assistant Resident Magistrate of Lady Grey functioned from Friday, 22 November 1895. No local limits were defined for Lady Grey. According to a legal opinion dated 7 August 1896 the Assistant Resident Magistrate together with the Resident Magistrate of Aliwal North had jurisdiction over the entire district of Aliwal North.

Prior to 22 November 1895 periodical courts were held at Lady Grey by the Resident Magistrate of Aliwal North for the period 18 October 1877 to 20 May 1886 and as from 15 July 1886 by the Resident Magistrate of Herschel.

In terms of section 10(2) of Act No 32 of 1917, an “Act to consolidate and amend the Law relating to Magistrates’ Courts”, Lady Grey was proclaimed a sub-district of Aliwal North on 1 January 1918 the area of jurisdiction to be as follows: “That portion of the District of Aliwal North, situate within the following boundaries:- From a point on the Orange River common to the farms Theefontein and Oudekraal; thence along the boundaries of the following farms so as to exclude them from this area: Oudekraal, Lemoenfontein and Naudesfontein to the Kraai River; thence in an easterly direction along the Kraai River to a point on the farm Delta where the Kraai River enters the District of Barkly East; thence along the boundaries of the following farms so as to exclude them from this area: Donnybrook, Glen Almond, Kenmure, Joubert, Ben Nevis and Snowdon to the north-western beacon of the latter, common to the District of Aliwal North, Herschel and Barkly East; thence along the boundary of the District of Herschel to its junction with the Orange River; thence along the Orange River to the point first named.”

On the same date Mr PKA de Vos was appointed Magistrate for the sub-district of Lady Grey.

On 27 May 1927 the sub-district of Lady Grey was abolished and a district created known as the District of Lady Grey with the following boundaries: “From the easterly beacon of the farm Pelion, common to it and the Aliwal North, Herschel and Barkly East Divisions; thence along the boundaries of the following farms so as to include them in this district: Pelion, Ossa, Tempe, Wepener, Orpendale and Delta, to where the eastern boundary of the latter farm intersects the middle of the Kraai River; thence down the middle of the Kraai River to a point opposite the south-western boundary of Klipplaat Fontein; thence along the boundaries of the following farms so as to include them in this district: Klipplaat Fontein, Stryd Fontein, Beerfontein, Vlakte Fontein, portion of Limoen Fontein called Schoongesicht A, portion of Limoen Fontein called Lot D, Thee Fontein and Oude Kraal to the middle of the Orange River; thence up the middle of the Orange River to its intersection with the middle of the Wilgeboom Spruit; thence up the middle of the said spruit and along the boundaries of the following farms so as to include them in this district: Riet Fontein, Welverdiend, Lot C, Lady Grey Municipality, Helvellyn, Olympus and land granted to CE Mandy on 15 June 1894, to the beacon first named.”

Chief Magistrate of Transkei

  • CMT
  • Governmental body
  • 1875 – 1976

In 1835 the eastern boundary of the Cape Colony was extended to the Kei River. East of the river the tribes remained independent although government representatives were stationed with the important chiefs to enforce the treaties.

Between 1852 and 1856 a General Resident for all the tribes between the Kei and Natal, south of the Quathlamba Mountains was also appointed.

Transkei:

In 1858 the area between the Kei and Bashee rivers was conquered by the colonial forces and settlements of Fingoes and other favourably disposed blacks from British Kaffraria established at Butterworth and along the Bashee River (Idutywa) under the supervision of a Special Magistrate.

In 1864 the formerly hostile Gcalekas were allowed to return west of the Bashee and a British Resident for all the tribes and magistrate for the Idutywa Reserve appointed to reside in the neutral area between the settlements of Gcalekas and Tambookies.

On the recommendation of the Commission of Native Affairs in 1865 more Fingoes and Tembus from the colony were settled in the territory east of the Kei River and this led to the growth of the districts of Fingoland and Emigrant Tembuland.

In September 1878 a Chief Magistrate was appointed for the districts of Fingoland, Idutywa Reserve and Gcalekaland, which were collectively to be called the Transkei. Seven magistrates were appointed to assist the Chief Magistrate: three in Fingoland (Nqamakwe, Tsomo, Butterworth), one at Idutywa Reserve and two in Gcalekaland (Kentani, Qora-Bashee area – later Willowvale). In 1879 Fingoland and the Idutywa Reserve were annexed to the Cape Colony as the Transkei and the regulations for its administration laid down. In 1885 Gcalekaland was also annexed to the colony.

Tembuland:

East of the Bashee River the area known as Tembuland Proper was ceded to the colony in 1875 by the resident tribes. Tembuland Proper became a magisterial district under a chief magistrate, at Emjanjana, assisted by three assistant magistrates, stationed at Mqanduli, Umtata and Dalasile (Engcobo), who were to have jurisdiction over various sections of the tribe and try all cases except murder. The latter were to be tried by a court consisting of the Chief Magistrate and two assistant magistrates.

In 1878 the jurisdiction of the Chief Magistrate was extended to include Emigrant Tembuland, Bomvanaland (and Pondoland). Tembuland Proper, Emigrant Tembuland and Bomvanaland were collectively to be called Tembuland.

Emigrant Tembuland consisted of that area along the Indwe River which had been conquered in 1858 and where, in 1865, a number of Tembus, resident in the colony, had been settled in an attempt to strengthen the alliance with the Tembus in Tembuland Proper. Emigrant Tembuland however remained under British rule and a Tembu agent was appointed. The extensive area required additional supervision and in July 1878 an assistant magistrate was appointed at Xalanga. In 1879 the title of the Tembu Agent at Cofimvaba whose duties entailed those of a magistrate, was changed to Resident Magistrate and the seat of magistracy moved to Southeyville. In 1881 a further magistracy was established at St Marks. In 1883 a portion of the Xalanga district was added to the Southeyville District and the seat of the latter magistracy moved to Cala with the district’s name changed accordingly. A part of the former Southeyville district was added to the district of St Mark’s in 1884 and the districts of Xalanga and Cala amalgamated under one magistrate, resident at Cala. In 1885 Emigrant Tembuland was annexed to the Cape Colony.

Bomvanaland consisted of the area east of the Bashee River adjacent to Tembuland Proper and inhabited by Moni’s tribe, where an agent, with magisterial powers, was appointed in 1877. In 1879 an acting Resident Magistrate was appointed at Ncehama for the district of Bomvanaland and during 1880 the seat of magistracy was established at Elliotdale. Bomvanaland was annexed as part of the Cape Colony in 1885.(26)

Pondoland consisted of the area between the Umtata and Umzimkulu Rivers and the Kahlamba mountains and the sea, where the paramountcy of Faku, Chief of the Amapondos, was recognized by treaty in 1844. Part of the territory was ceded to the Cape Government in 1861 and Adam Kok’s Griquas were settled in a part of the ceded area while a magistrate was appointed with the tribes in the remaining area with the added responsibility of enforcing the adherence by the Pondos of the 1844 treaty. In 1878 the breaches committed by the Pondos of the treaty of 1844 resulted in the deposing of the paramount chief of the Pondos, the purchase of the St John’s River Mouth area and the division of Pondoland into Eastern and Western Pondoland. The Chief Magistrate of Tembuland was to act as the British Resident for Western Pondoland while a British Resident was appointed for Eastern Pondoland and a magistrate was placed with the friendly tribe of Jojo’s Amaxesibe.

In 1885 the coast of Pondoland was proclaimed a British protectorate and in 1886 the Xesibe territory was annexed to the Cape Colony as part of the district of East Griqualand.

Tembuland (and Transkei):

On the death of the Chief Magistrate, Transkei in 1890, it was decided not to appoint a successor and to attach the district for fiscal and judicial purposes to that of the Chief Magistrate, Tembuland.

Tembuland (Transkei ad Pondoland):

Prior to 1894 the influences of the British government in Pondoland was limited to that exercised by the British Residents appointed for East and West Pondoland respectively. In 1894 Pondoland was annexed to the Cape Colony and while East Pondoland became part of East Griqualand, West Pondoland was placed under the jurisdiction of Tembuland. Three magisterial districts for the former East Pondoland (Tabankulu, Umsikaba and Bizana) and two for West Pondoland (Libode, Ngqeleni) were established. In 1896 the whole of Pondoland was placed under the jurisdiction of the Chief Magistrate, Tembuland and an Assistant Chief Magistrate for East and West Pondoland was appointed.

Transkeian Territories (including Transkei, Tembuland, St John’s River, Griqualand East, Xesibe country, Rode Valley, Pondoland):

In 1902 the chief magistracies of Tembuland/Transkei/Pondoland and Griqualand East were amalgamated and the jurisdiction and functions assigned to a single Chief Magistrate for the whole area beyond the Kei River, who was to be called Chief Magistrate of the Transkeian Territories with the seat of magistracy in Umtata. He was to be assisted in the execution of his duties by an Assistant Chief Magistrate as well as an additional Assistant Chief Magistrate for Griqualand East and East Pondoland.

In 1904 the judicial functions of the Chief Magistrate of the Transkeian Territories were transferred to the superior courts of the colony and the offices of the Secretary for Native Affairs and the Chief Magistrate, Transkeian Territories, united under Colonel Standford. The seat of the Chief Magistracy was therefore removed from Umtata to Cape Town and the Assistant Chief Magistrate for East Griqualand and East Pondoland assigned to Umtata and Kokstad respectively.

In 1906 the jurisdiction of the Chief Magistrate and Assistant Chief Magistrate of the Transkeian Territories, in cases of divorce and separation was re-instated.

The offices of the Secretary for Native Affairs and the Chief Magistrate of the Transkeian Terriroties were separated again in 1907 after Standford’s retirement.

The Archives:

The Archives of the Chief Magistrate of the Transkei include documents dated 1871 – 1876 belonging to the British Resident with Gangelizwe, who later became the Chief Magistrate of Tembuland, and which have been described with those of the Chief Magistrate, Tembuland.

As the Chief Magistrate of Transkei and Tembuland were separate offices prior to 1891, they form individual archives, arranged chronologically. After September 1891 the archives relating to both territories form a unit which incorporates the archives of Pondoland from 1894 and Griqualand East from 1902. A few letter books, indexes etc, started prior to 1891 by the individual Chief Magistrates of Transkei or Tembuland, were continued after amalgamation in cases relating specifically to either Transkei or Tembuland. In some instances these books can be found with the archives of the Chief Magistrate of the amalgamated office and not with those of either the Chief Magistrate Transkei or Tembuland.

Magistrate and Bantu Affairs Commissioner, Libode

  • 1/LBE
  • Governmental body
  • 1894 – 1970

AHB Stanford and JG Leary were appointed acting magistrates for the territory of West Pondoland as from 4 May 1894 (Government Gazette No 7610 dated 29 May 1894, Government Notice No 581 dated 21 May 1894). West Pondoland was divided into the districts Libode and Ngqeleni in September 1894 (Government Gazette No 7645 dated 28 September 1894, Proclamation No 341 dated 25 September 1894). AHB Standford was appointed Resident Magistrate for the district of Libode with effect from 25 September 1894 (Government Gazette No 7645 dated 28 September 1894, Government Notice No 946 dated 25 September 1894).

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

Town Clerk, Municipality Alexandria

  • 3/AXA
  • Governmental body
  • 1904 - 1962

The Village Management Board of Alexandria was established on 27 April 1886 under Proclamation No 56 of 1886 in terms of the provisions of the Village Management Act of 1881. This proclamation was repealed on 10 January 1890 by Proclamation No 5 of 1890.

On 22 July 1902 a Village Management Board was again established under Proclamation No 127 of 1902.

The Municipality of Alexandria was constituted on 9 February 1940 under section 4(b) of Ordinance No 10 of 1921 and section 10(a) of Ordinance No of 1912.
The first general meeting of the Council was held on 22 April 1940 (3/AXA 1/1/1/1).

In 1994 Alexandria became part of the Eastern Cape Province. It forms part of the Ndlambe Local Municipality, one of seven local municipalities that falls under the Sarah Baartman District Municipality

Magistrate and Bantu Affairs Commissioner, Lusikisiki

  • 1/LSK
  • Governmental body
  • 1895 – 1967

A Magistrate’s Court was established in the district of Umsikaba in September 1894 (Government Gazette No 7646, dated 2 October 1894, Proclamation No 341, dated 25 September 1894). WP Leary was appointed the first magistrate as from 25 September 1894 (Government Gazette No 7646, dated 2 October 1894, Government Notice No 946, dated 25 September 1894). In October 1895 the seat of the magistracy was moved from Flagstaff to Lisikisiki (Government Gazette No 7755, dated 18 October 1895, Government Notice No 995, dated 17 October 1895).

The Magistrate of Lusikisiki was also appointed Native Commissioner on 1 October 1928 (Government Gazette No 1734, dated 26 October 1928, Government Notice No 1864, dated 26 October 1928).

Magistrate, Hankey

  • 1/HKY
  • Governmental body
  • 1901 – 1980

A Special Justice of the Peace was appointed at Hankey as from 20 October 1879 (Government Gazette dated 7 October 1879, Proclamation No 114 of 1879). The Court of the Special Justice of the Peace was abolished in November 1952 (Government Gazette No 4969 dated November 1952, Government Notice No 2705 of 1952).

A Periodical Court was held concurrently at Hankey by the Magistrate of Humansdorp (see 1/HDP A1/1/1 – A2/3/2 in the Humansdorp Magistrate’s Archives). The appointment of the Assistant Magistrate could not be traced in the Government Gazette but it has been ascertained from the records themselves that this took place in September 1952.

Magistrate, Hofmeyr (Maraisburg)

  • 1/HMR
  • Governmental body
  • 1897 – 1976
A court of a Resident Magistrate, to be presided over by an Assistant Resident Magistrate, was established at Maraisburg (later Hofmeyr) in the district of Cradock, from 1 January 1894 (Government Gazette No 7567 dated 29 December 1893, Government Notice No 1265).
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