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Authority record

Magistrate, Colesberg

  • 1/CBG
  • Governmental body
  • 1837 – 1985

The Colesberg Magisterial Division was brought into being in February 1837. It was severed from the Graaff-Reinet district (created 1786) mainly on account of the increase in crime on the northern border. The initial boundaries were defined in a Proclamation of 8 February of the same year, and were altered from time to time with the creation of new districts.

The limited jurisdiction exercised by the Magistrate of the Colesberg 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 functions. In regard to criminal cases the Magistrate was empowered to impose fines not exceeding £10, and imprisonment with or without hard labour for a period not exceeding three months and a whipping not exceeding thirty lashes.

In regard to civil matters the magistrate adjudicated all cases in which the amount at issue did not exceed £20 and where the title to lands or tenements, or any fee, duty or office was not in question.

This magisterial jurisdiction was altered by various subsequent statues both of the Cape Colony and of the Union.

The Resident Magistrate also acted as “coroner” at inquests and as Chairman of the Divisional Board and the Liquor Licensing Court.

In his capacity as Civil Commissioner the incumbent of the magisterial seat was concerned with the financial and land matters of the district.

The judicial authority of the Clerk of the Peace as public prosecutor was derived from Ordinance No 40 of 25 January, 1828 as amended.

Richmond and Hopetown were the first areas to be detached from the Colesberg District. They were established separate magisterial divisions in 1848 and 1857 respectively. By a proclamation dated 28 February 1857 a periodical court was set up at Hanover and in 1876 it was established as a separate magisterial division. The foregoing periodical court records have been bound with those of the Resident Magistrate of Colesberg and it is not possible to remove them.

By proclamation No 102 of 1882 a periodical court was established at Philipstown and in 1886 the district of Philipstown was established as a separate magisterial division. No records of the periodical court have been traced.

Magistrates of Colesberg, 1837 – 1959:
1. F Rawstorne (1837 – 1857)
2. W Murray (1857 – 1858)
3. J Walker (1858 – 1860)
4. H Green (1860 – 1870)
5. FJ van der Riet (1870 – 1871)
6. H Hudson (1871 – 1874)
7. PA Mader (1874 – 1879)
8. FJ Hodgers (1879 – 1881)
9. P Nightingale (1881 – 1882)
10. A Tweed (1882 – 1886)
11. AF Robertson (1886 – 1890)
12. CC Campbell (1890 – 1891)
13. FE Philpott (1891 – 1897)
14. F Wrensch (1897 – 1903)
15. GHB Shaw (1903 – 1911)
16. JW Kuys (1911 – 1912)
17. D May (1912 – 1917)
18. TH Bam (1918)
19. T Bain (1919 – 1925)
20. F de Villiers (1926 – 1927)
21. CD Stanier (1928 – 1933)
22. PJ Burger (1934 – 1937)
23. JD Blake (1938 – 1940)
24. ECC du Plooy (1941 – 1944)
25. PA Blomerus (1945 – 1949)
26. AC Nel (1950 – 1954)
27. PJ van Wyk (1955 – 1959)

Magistrate, Namaqualand (Springbok)

  • 1/SBK
  • Governmental body
  • 1852 – 1966

In 1855 it was decided to establish a magistracy at the missionary station Kamaggas, formerly part of the district of Clanwilliam. The new district, of which the boundaries were defined, was called Namaqualand. The seat of magistracy was, however, established on the farm of Philips and King, Springbokfontein. Although still part of the division of Clanwilliam, the resident magistrate acted as civil commissioner within the limits of Namaqualand up to 1856 when Namaqualand was constituted an independent division for fiscal purposes. The magisterial district’s boundaries, which were also to be the boundaries of the division, were also altered.

In 1917 a periodical court in the district of Namaqualand was established at Bowesdorp and moved to Kamieskroon in 1929.

Another periodical court in the district was established at Wallekraal in 1931 with jurisdiction within specified limits.

Magistrates of Namaqualand, 1855 – 1960
JC Rivers (1855 – 1858)
WH Auret (1858 – 1859)
L Anthing (1859 – 1862)
EA Judge (1862 – 1868)
L Boyes (1869 – 1878)
PJ de Smidt (1878 – 1879)
JT Eustace (1879 – 1890)
WC Scully (1891 – 1892)
HM Blakeway (1893 – 1897)
JD Hugo (1897 – 1898)
JB van Renen (1898 – 1902)
J Herbst (1902 – 1903)
WM Eustace (1903 – 1905)
W Magennis (1905 – 1909)
MM Basson (1909)
DC Giddy (1910 – 1915)
AW Preston (1915 – 1917)
G v R Philpott (1917 – 1920)
PA Garcia (1920 – 1923)
JA Verschuur (1923 – 1924)
JG Freislich (1925 – 1928)
MJ Streak (1929 – 1930)
WS Anderson (1931 – 1932)
SH Elliot (1933 – 1934)
CD Stanier (1935 – 1937)
WVD Cellaruis (1938 – 1939)
JT Fritz (1940)
NB Arbuthnot (1941 – 1943)
CJ Jooste (1944 – 1950)
RN Fuller (1951 – 1953)
JC Cooper (1954 - 1960)

Secretary, Divisional Council of Kuruman

  • 4/KMN
  • Governmental body
  • 1907 – 1989

The first members of the Divisional Council of Kuruman were announced in a Government Notice dated 19 June 1907. In terms of this notice the members met for the first time on 30 July 1907 (Cape of Good Hope Government Gazette No 8973 dated 25 June 1907).

As from 1 January 1990 the division of Kuruman was entrusted with regional services council functions under the Regional Services Councils Act No 109 of 1985 (The Province of the Cape of Good Hope Official Gazette No 4621 dated 22 December 1989, Proclamation No 978 dated 22 December 1989).

Chief Executive Officer, Western Cape Regional Services Council

  • 4/WCR
  • Governmental body
  • 1987 - 1995

The Regional Services Council for the Cape Metropole and surrounding areas covering the Divisional Council areas of the Cape, Stellenbosch and Paarl was established in terms of section 3(1)(a) of the Regional Services Council Act, 1985 (Act No 109 of 1985) with effect from 9 January 1987. The Divisional Councils of the Cape, Paarl and Stellenbosch were abolished as from 30 June 1987 and the functions taken over by the Western Cape Regional Services Council as from that date. The following local bodies were represented on the council:
Local Authorities
Divisional Council of the Cape
Divisional Council of Stellenbosch
Divisional Council of Paarl
Bellville Municipality
Durbanville Municipality
Goodwood Municipality
Cape Town Municipality
Milnerton Municipality
Parow Municipality
Pinelands Municipality
Simonstown Municipality
Fish Hoek Municipality
Franschhoek Municipality
Kraaifontein Municipality
Paarl Municipality
Wellington Municipality
Brackenfell Municipality
Gordon’s Bay Municipality
Kuils River Municipality
Somerset West Municipality
Stellenbosch Municipality
Strand Municipality

Management Bodies
Atlantis Management Committee
Elsies River Management Committee
Grassy Park Management Committee
Matroosfontein Management Committee
Ocean View Management Committee
Cravenby Management Committee
Macassar Management Committee
Meltonrose Management Committee
Scottsdene Management Committee
Sir Lowry’s Pass Management Committee
Proteaville Management Committee
Morningstar Management Committee
Groendal Management Committee
Kraaifontein Management Committee
Athlone and District Management Committee
Cloetesville/Idas Valley Management Committee
Kensington Management Committee
Wittebome/Wynberg Management Committee
Rylands Estate Management Committee
Sarepta Management Committee
Paarl Management Committee
Ravensmead Management Committee
Strand Management Committee
Wellington Management Committee
Cape Town Town Committee
Mfuleni Town Committee
Mbekweni Town Committee
Kaya Mandi Town Committee
Pniel Board of Management
Mamre Board of Management

At the close of the first year of the Council it consisted of 59 members representing 19 municipalities, 26 management committees and boards and 5 town committees together with 6 co-opted members.

The main function of the Western Cape Regional Services Council, as embodied in its founding Act, was to assess and collect levies and distribute funds so generated on a strict priority basis for the improvement and maintenance of infrastructural services and infrastructural facilities to areas and communities with the greatest need. The Council had to ensure that those funds were optimally and efficiently utilized in the hands of the recipients whether the allocation be by way of grant or loan, and to monitor and guide the recipients in the use of such funds.

The Administrator of the Cape entrusted the Council with a wide range of regional functions previously performed by the former divisional councils. From the nature of the historic involvement of divisional councils in matters and functions outside the urban local authority areas the entrustment of functions thus only included such functions or parts of functions which were performed in rural areas. This included:

1. Bulk water supply in rural areas
2. Retail supply of water in rural areas
3. Bulk supply of electricity in rural areas
4. Retail supply of electricity in rural areas
5. Fire brigade services in rural areas
6. Traffic matters
7. Civil protection
8. Cemeteries
9. Refuse dumps
10. Sewage purification works and main sewage disposal pipelines
11. Stormwater drainage
12. Public open spaces, roads and the lighting thereof
13. Certificates of fitness, roadworthy certificates and testing of driver’s licences
14. Nature reserves
15. Promotion of tourism
16. Pounds
17. Collection of dog tax and dog control
18. Vacuum tanker services and nightsoil removal services
19. Refuse removal services
20. Metropolitan and regional planning
21. Environment conservation
22. Passenger transport services
23. Abattoirs
24. Fresh produce markets
25. Airports
26. Private roads
27. Establishments, improvement and maintenance of other infrastructural services and facilities
28. Control of problem animals in rural areas
29. Health services
30. Subdivision of land and township development
31. Building plans and building control
32. Commonages, outspans and public places
33. Registration and control of businesses
34. Recreation facilities, public resorts, beach amenities, caravan parks and picnic sites, the use of land which were not limited to a specific population group

The Council also rendered services on a contract/agency basis to various newly created autonomous local government bodies. The following services were rendered on behalf of various principals:

1. The provision and administration of housing and everything related to it, on behalf of the House of Representatives in areas outside the areas of jurisdiction of municipalities.
2. Handling the normal full municipal operational and administrative functions relating to 43 local areas and local councils for all three Houses of Parliament.
3. The operation and administration of 8 public resorts on behalf of the Cape Provincial Administration.
4. Handling the planning, development and operation of certain new residential areas on behalf of the House of Representatives.
5. Development agent for the State for the industrial and residential areas of Atlantis.
6. Handling all functions formerly provided by the Divisional Councils of the Cape, Stellenbosch and Paarl and which did not legally became the responsibility of either Own Affairs Administrations or the Provincial Administration.
7. The provision of health services in certain black residential areas, on behalf of the Provincial Administration.
8. The provision of health services in the rural areas, 8 municipalities, 35 local areas and 8 local councils.
9. Controlling urban development in the rural areas before such areas were declared local areas.
10. Handling the administrative functions of three rural councils.
11. Handling and administration of the recovery of rates and service fees and tariffs in 43 local areas and local council areas.
12. Maintenance of proclaimed roads on behalf of the Cape Provincial Administration.

As a result of the establishment of the Cape Metropolitan Council, the Western Cape Regional Services Council was in January 1995 reconstituted as the interim Winelands Regional Services Council (Province of Western Cape Provincial Gazette Extraordinary No 4926 of 31 January 1995, Proclamation No 17 of 31 January 1995).

Registrar of the Supreme Court, Cape Town

  • CSC
  • Governmental body
  • 1828 - 1981

The Supreme Court of the Colony of the Cape of Good Hope was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Thereby a Court of Record was constituted originally consisting of a Chief Justice and two puisne judges with jurisdiction in all cases, civil, criminal or mixed. A Registrar was appointed to keep the records of the court, inter alia, recording judgments, file petitions, declarations, applications, admissions of advocates, attorneys, sworn translators, etc.

In September 1909 the South Africa Act created a Supreme Court for the whole of South Africa consisting of an Appellate Division, a Provincial Division for each of the four provinces and a number of local divisions. The Supreme Court of the Cape Colony was thereby transformed into the Cape of Good Hope Provincial Division of the new Supreme Court of South Africa. Originally the Cape Division had jurisdiction over the whole of the Cape Province, although concurrently with the Eastern Cape (Grahamstown) and Griqualand West (Kimberley) Local Divisions in their areas of jurisdiction. However, in 1957 the Eastern Cape division was elevated to the status of a provincial division, and in 1969 the Griqualand West division was similarly elevated, becoming the Northern Cape Division. Upon elevation these divisions became independent from the Cape Division.

When the final Constitution of South Africa came into force in 1997, the Cape of Good Hope Division of the Supreme Court became a High Court. In 2003, in terms of the Interim Rationalisation of Jurisdiction of High Courts Act, 2001, the area of jurisdiction of the Cape High Court was modified to coincide with the boundaries of the Western Cape province. The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town". In 2013, in the restructuring brought about by the Superior Courts Act, it became the Western Cape Division of the High Court of South Africa.

Chief Executive Officer, South Cape Regional Services Council

  • 4/SCR
  • Governmental body
  • 1989 - 1996
On 31 March 1989 portions of the Divisional Council Areas of Outeniqua and Langeberg were established as the South Cape Regional Services Council (The Province of the Cape of Good Hope Gazette No 4580 of 31 March 1989, Provincial Notice No 332 of 31 March 1989). In terms of Proclamation No 152 of 15 December 1995 (Establishment of Rural Local Government Structures) the South Cape Regional Services Council was disestablished and replaced by the South Cape District Council (Province of Western Cape Provincial Gazette Extraordinary No 5004 of 15 December 1995).

Town Clerk, Municipality Eendekuil

  • 3/EKL
  • Governmental body
  • 1965 - 1994
Eendekuil was initially a local board in the area of jurisdiction of the Divisional Council of Piquetberg. Minutes of meetings of the local board for the period June 1959 – August 1964 can be found in the archives of the Divisional Council of Swartland (4/SWL 1/3/1/1). The Village Management Board of Eendekuil was established on 14 January 1965 (The Province of the Cape of Good Hope Official Gazette No 3276, 29 January 1965, Proclamation No 6). In terms of the Municipal Ordinance (Ordinance No 20 of 1974) all village management boards became municipalities (The Province of the Cape of Good Hope Official Gazette Extraordinary No 3809, 3 December 1974, Proclamation No 414, 29 November 1974). By virtue of the Local Government Transition Act, 1993 (Act No 209 of 1993) the local government bodies in the Piquetberg Forum Area, namely Piquetberg Municipality, Eendekuil Municipality, Elands Bay Management Committee and Elands Bay Local Council were dissolved and a transitional local council under the name  Piquetberg Municipality established (Province of Western Cape Provincial Gazette Extraordinary No 4896, 30 November 1994, Proclamation No 85, 29 November 1994).

Chief Executive Officer, South Cape District Council

  • 4/SCD
  • Governmental body
  • 1996 - 2000

In terms of Proclamation No 152 of 15 December 1995 (Establishment of Rural Local Government Structures) the South Cape Regional Services Council was disestablished and replaced by the South Cape District Council (Province of Western Cape Provincial Gazette Extraordinary No 5004 of 15 December 1995).

On 22 September 2000 the South Cape District Council, Klein Karoo District Council and various other councils were disestablished and the Garden Route/Klein Karoo (later Eden, then Garden Route) District Municipality was established in terms of sections 12 and 14 of the Local Government: Municipal Structures Act 1998 (Province of Western Cape Provincial Gazette No 5592 of 22 September 2000, Provincial Notice No 497 of 22 September 2000).

Master of the Supreme Court, Cape Town

  • MOOC
  • Governmental body
  • 1670 - 1996

As was the case in Batavia, the establishment of the Orphan Chamber at the Cape of Good Hope arose out of the need to provide for the collection and administration of the property of persons who died intestate and left heirs who were absent from the Colony or who were under age. The property of persons who died on the voyage to and from Europe and found on board, was also subject to the jurisdiction of the Orphan Chamber. However, the Government was advised in a letter dated 30th March, 1711 that the Chamber was not to be burdened with deceased estates of Company’s servants and burgers who had died on the voyage.

The main functions and duties of the Orphan Chamber were:

The administration of the estates of persons dying intestate in the Colony or on the voyage and leaving absent or minor heirs, as well as estates of those who had not specifically
excluded the Orphan Master in their will, or had specifically appointed them even where their heirs were majors and resident here;
The registration of wills of deceased persons;
The administration of minors’ property;
Receiving and paying to present and absent claimants the portions or legacies due to them;
Keeping a death register of persons who died at the Cape;
Recording the resolutions and transactions of the Board.

After the devastating effect of the smallpox epidemic of 1713, the Council of Policy empowered the Orphan Chamber to protect the transfer of property of all free individuals at the Cape. All wills and deaths at the Cape had to be registered with the Orphan Chamber but the Chamber only inventoried and acted as executor for the categories of estates listed below.

The Orphan Chamber was the executor of the estates of free persons:
who left heirs under 25 (and unmarried) or of unsound mind;
who left heirs who were either out of the country or not apparent;
who died ab intestato or ex testamento (without a will or testament);
if there was a specific request in the will or testament for the Chamber to act as executor;
if the will did not specifically exclude the Chamber from acting as executor.

The Orphan Chamber had to track down any possible heirs. Heirs residing outside of the country of death had to send a power of attorney proving their relationship to the deceased, and the Orphan Chamber would then pay out what was rightfully theirs. If an individual died without children or spouse, then the inheritance went to their next of kin, whether brothers, sisters, parents, or cousins (sometimes even to the 10th degree). If an inhabitant, or a stranger, died at the Cape without any acknowledged relatives, the property, after discharging the debts, was sold, and reserved for the unknown heirs, and every method was taken for their discovery. If no heir was found within 50 years from the date of death, the estate reverted to the Government.

In 1714 the Government issued to the Orphan Masters a set of rules and Regulations by which they were to be guided in the carrying out of their duties (Resolutions, Council of Policy, 26 June 1714). These instructions were taken from the Statutes of Batavia, together with a tariff of fees which were to be charged in administering an estate.

In 1793 renewed instructions were issued and compiled from the 1714 rules, from those of the Orphan Chamber at Batavia, from a sketch of instructions submitted to the Government by the Orphan Masters, and from a report relative to the improvement to the Chamber.

Provisional instructions were framed for the Orphan Chamber by Commissioner General Jacob de Mist but these show that they were evidently framed more with a view to confirm the existing rules than to introduce new regulations.

The following are two of the articles of the instructions laid down: Immovable property of orphans could only be sold by an order of Court, and such property had to be put up for public auction and sold to the highest bidder. A minor, absent from the country for sixteen years, could be publicly summonsed at his last-known place of residence. If it was ascertained what had happened to him, his heirs could receive his property upon giving security de restituendo. Persons had to obey a summons to appear before the Masters as if it had emanated from a Court, and upon a third default to appear they could be brought before the Court of Justice. From the resolutions sent from time to time by the Government to the Board and the instructions framed in 1793, it would appear that the Orphan Masters were given almost the same portion of authority and jurisdiction in testamentary matters as was exercised in earlier periods by the spiritual Courts in England.

According to the provisions of Ordinances 104 and 105 of 1833, the Orphan Chamber was abolished and its duties were transferred to the newly appointed office of Master of the Supreme Court. The Supreme Court of the Cape of Good Hope was established in 1827. Subsequently a code for the administration and distribution of insolvent estates was enacted on behalf of minors and persons under curatorship.

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.

Secretary, Divisional Council of Outeniqua

  • 4/OQA
  • Governmental body
  • 1980 - 1989

On 1 January 1980 the Divisional Councils of George, Knysna and Mossel Bay were re-constituted together to form the amalgamated Divisional Council of Outeniqua.

The following local areas committees were instituted: Boggomsbaai, Brenton, Buffels Bay, Herolds Bay, Hoekwil, Keurboomstrand, Little Brak River, Nature’s Valley, Reebok, Tergniet, Wilderness, Wilderness Heights and Wittedrift.

On 31 March 1989 portions of the Divisional Council Areas of Outeniqua and Langeberg were established as the South Cape Regional Services Council. The other portions of the Divisional Council Areas of Outeniqua and Langeberg together with the Divisional Council Area of Klein Karoo-Langkloof were established as the Klein Karoo Regional Services Council.

Results 571 to 580 of 1607