Showing 64 results

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.

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.

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.

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.

The districts into which the Division of Hanover were to be subdivided for the purposes of Act No 4 of 1865 were proclaimed on 1 February 1881 in terms of Proclamation No 21 of 1881 (Cape of Good Hope Government Gazette No 6108, 4 February 1881). The first meeting of the Council was held on 2 May 1881 (4/HAN 1/1/1/1).

On 1 January 1980 the Divisional Council of Hanover was reconstituted together with the Divisional Councils of De Aar and Philipstown to form the amalgamated Divisional Council of Bo-Karoo (The Province of the Cape of Good Hope Official Gazette No 4061 of 20 July 1979, Proclamation No 174 of 18 July 1979).

A magistrate's court was established at Barkly West on 27 October 1871.

The magistrate held periodical courts at Klipdam, Daniel's Kuil, Longlands, Sydney-on-Vaal, Boetsap, etc. He also acted as special justice of the peace for Keiskamma, inspector of claims, inspector of natives and chairman of the liquor licensing court.

The Divisional Council of Prieska was constituted on 30 June 1887 in terms of Proclamation No 113 (Cape of Good Hope Government Gazette No 6875, 1 July 1887). The first meeting of the Council was held on 23 August 1888 (see volume 4/PKA 1/1/1/1, p 2).

On 1 January 1980 the Divisional Council of Prieska was reconstituted together with the Divisional Councils of Britstown and Hopetown to form the amalgamated Divisional Council of Prieska (The Province of the Cape of Good Hope Official Gazette No 4061 dated 20 July 1979, Proclamation No 174 dated 18July 1979).

The Standing Rules and Orders of the Divisional Council of Barkly West, framed in terms of Act No 4 of 1865 were published under Government Notice No 363 dated 30 March 1882.

On 1 January 1980 the Divisional Council of Barkly West was re-constituted together with the Divisional Councils Kimberley and Herbert to form the amalgamated Divisional Council of Vaalrivier (The Province of the Cape of Good Hope Official Gazette No 4061 dated 20 July 1979, Proclamation No 174 of 18 July 1979).

The Village Management Board of Upington was constituted on 14 August 1889 in terms of British Bechuanaland Proclamation No 69.

The Municipality of Upington was constituted on 13 December 1898 in terms of Proclamation No 345, 1898 under provision of the Municipal Act, 1882 (Cape of Good Hope Government Gazette No 8084, 13 December 1898).

In 1994 Upington became part of the Northern Cape Province. It forms part of the Dawid Kruiper Local Municipality, one of six local municipalities that falls under the ZF Mgcawu District Municipality.

After the conclusion of the Northern Border War in 1880, provision was made for the occupation of the area north of the Orange River by Bastard farmers to prevent the re-occupation thereof by Korannas. A special magistrate was appointed with general jurisdiction south of the border and as Special Commissioner with specified duties relating to the administration north of the river. He was to reside at Olievenhout’s Drift Station and hold a periodical court at Kenhardt, while assuring, with the help of the Mounted Police, that peace was maintained along the river. The Bastards, while subjects of the Queen, were responsible for their own defence and while the Commissioner could administer justice among them if they desired it, they were largely to provide for their own law and order by appointing field-cornets.

North of the river a committee or board of management was elected by the inhabitants, with the Special Commissioner as chairman, to administer the law and order of the territory north of the Orange River up to the southern dunes of the Kalahari, known as Gordonia. The laws of the colony were largely taken over and the Special Commissioner moved from Kenhardt to the village of Upington situated on the northern bank of the river opposite the Olievenhout’s Drift. He still possessed no legal jurisdiction in the area.

On the annexation of the district of Gordonia to the British Bechuanaland Protectorate on 1 April 1889, the administration of the committee of management ceased and a magisterial district under a Resident Magistrate and Civil commissioner was created. The area of jurisdiction of the Resident Magistrate was defined within specified limits.

In October 1895 British Bechuanaland was annexed to the Colony and the Gordonia district became part of the Colony. The new boundaries of the magisterial district and fiscal division of Gordonia were laid down in April 1896.

In 1904 a periodical court was established at Keimoes in the district of Gordonia and in 1955 a separate magistrate’s court was established there.

After the redefinition of the boundaries of the magisterial districts of Kenhardt and Gordonia in 1933, the periodical courts at Kakamas, established in 1904(9) and at Louisvale, established in 1925, which were previously situated in the district of Kenhardt, were transferred to the jurisdiction of the magisterial district of Gordonia.

A periodical court, with jurisdiction within specified limits, was established at Groblershoop (Sternham) in the district of Gordonia in 1939.

A court of an Assistant Resident Magistrate was established at Rietfontein in the Gordonia district and the local limits of jurisdiction defined in 1906. The documents of this office have, for practical purposes, been retained with the archives of the Magistrate, Gordonia.

Functions of the Resident Magistrate
Judicial Functions:

The jurisdiction exercised by the Magistrate of Upington was derived from Act No 20 of 1856. He possessed criminal and civil jurisdiction and performed miscellaneous quasi- and non-judicial functions. This magisterial jurisdiction was amended by various subsequent statutes, 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”.

Ex-Officio Functions:

As reflected in the records the Resident Magistrate acted as Chairman of the Liquor Licensing Court(16) and also performed duties as the Marriage Officer.

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 matter.

Magistrates of Gordonia:
C Bam (1 April 1889)
JA Ashburnham (28 July 1894)
CB Scholtz (24 September 1895)
JH O’Connel (5 March 1898)
D Eadie (1 January 1901)
PG Armstrong (26 February 1903)
P Wright (1 June 1904)
D May (12 April 1907)
CA Pentz (30 November 1912)
F de Villiers (1 May 1917)
P Wither (6 August 1919)
CE Stidolph (1 January 1921)
NW Whitehorn (1 January 1925)