Showing 143 results

Authority record
Western Cape Province

Magistrate, Paarl

  • 1/PRL
  • Governmental body
  • 1839 – 1984
A Magistrate’s Court was established at Paarl on 23 January 1839 (Government Gazette No 1727 dated 25 January 1839, Proclamation dated 24 January 1839, Ordinance No 1 dated 23 January 1839).

Magistrate, Somerset West

  • 1/SSW
  • Governmental body
  • 1876 – 1982
A Special Justice of the Peace for Somerset West in the district of Stellenbosch was appointed with effect from 15 September 1876 (Government Gazette No 5611 dated 8 September 1876, Proclamation No 60 dated 7 September 1876). From May 1881 Somerset West was also the seat of a periodical court held by the Magistrate of Stellenbosch. An Assistant Resident Magistrate was appointed at Somerset West as from 1 July 1882 (Government Gazette No 1410 dated 28 June 1892, Government Notice No 663 dated 25 June 1882). A magistrate’s court was established at Somerset West on 20 October 1928 (Government Gazette No 1734 dated 26 October 1928, Proclamation No 248 dated 20 October 1928).

Magistrate, Swellendam

  • 1/SWM
  • Governmental body
  • 1741 – 1983

As a result of the expansion of the population in the interior a second court of heemrade, similar but subordinate to that at Stellenbosch-Drakenstein, was established with a deputy landdrost as secretary. The new area, known as the Outlying Districts, stretched from the Bree River to past Mossel Bay and relieved the heemrade of Stellenbosch of many of their burdens.

Of the four elected heemrade, one was to hand in a report every three months. Once every two years two heemrade would resign and successors elected. In January 1744 JT Rhenius was appointed as the first deputy landdrost of the Outlying Districts.

Within months discord arose between the deputy landdrost and heemrade as a result of uncertainty regarding rank. This led to a clearer definition of their duties especially with regard to times of meetings, the deputy landdrost’s position at meetings and the reference of cases not settled out of court to the court of the landdrost and heemrade at Stellenbosch.

These measures were, however, unsatisfactory and in August 1745 it was decide to establish a completely independent magistracy with Rhenius as “absolute landdrost” of the Outlying Districts. The same instructions as those for Stellenbosch-Drakenstein were applicable. The jurisdiction of each district with regard to communal matters was to be decided upon jointly. The new district covered the whole area under the Company’s control to the north and east of the Stellenbosch-Drakenstein district and the limits of its jurisdiction were clearly defined.

In 1746 the request by the landdrost and heemrade for land along the Koornland River to build a drostdy and the necessary buildings, was granted. In October 1747 the district was named Swellendam after the governor and his wife, Hendrik Swellengrebel and Helena Wilhelmina ten Damme.

The creation of the new magisterial district of Graaff-Reinet in 1786 limited the jurisdiction of the landdrost of Swellendam to the Swartberg in the north and the Gamtoos River in the east.

In June 1795 the inhabitants of Swellendam rebelled against the government of the Company. Landdrost Faure, the secretary and messenger were forced to hand the drostdy to the burghers, who appointed a National College (“Collegie Nasionaal“) under the leadership of Hermanus Steyn.

After the British occupation of the Cape, peace was restored and the drostdy handed back to Faure in November 1795.

With the revision of the judicial system in 1827 the college of landdrost and heemrade was abolished and replaced with a civil commissioner and resident magistrate. H Rivers and CM Lind were appointed to these positions respectively. In 1834 the positions were united and Rivers appointed.

With the revision of the district boundaries of Swellendam and Stellenbosch and the secession of the George district in 1811, the area to the east of the Hottentots-Holland mountains was added to Swellendam. A sub-drostdy under JH Frouenfelder with the seat of magistracy at the Swartberg Bath was established in the new area.

Like the deputy landdrost of Clainwilliam, in the Tulbagh district, Frouenfelder received his instructions from the landdrost of the main district and reported to him or, where necessary, to the Colonial Secretary. He was assisted by a clerk, a messenger, a constable and two justice officials while personally acting as vendu master of the sub-district.

In December 1813 the sub-district was named after the former governor Lord Caledon.

In October 1822 the sub-district was abolished as a measure of economy, and placed under the supervision of a special Heemraad, assisted by a clerk, a messenger, deputy sheriff, two constables and two justice officials. With the revision of the judicial system in 1827 the position of Special Heemraad was abolished and the duties transferred to the Justice of the Peace.

In 1839 Caledon became an independent district with its own Resident Magistrate.

Magistrate, Knysna

  • 1/KNY
  • Governmental body
  • 1858 – 2004

“According to an Amended Report of the Committee appointed on 21 July 1854 taking into consideration as to places where additional Civil Commissioners and seats of Magistracy should be placed, the Governor of the Cape Colony, acting under the powers vested in him by the Act ‘For Amending and Consolidating the Laws relative to the Courts of Resident Magistrates, 1856 (Act 20 of 1856)’ , erected, constituted and established a Court of Resident Magistrate at Knysna, and declared the boundaries of the district to be as follows – On the west by the Swart River, on the North by the Outeniqua Mountains, on the East by the boundaries of the division of Uitenhage and on the South by the ocean”. The first Civil Commissioner and Magistrate was James Fichat.

On 28 February 1887 a Special Justice of the Peace was appointed at the Millwood Gold Fields in the district of Knysna. Patrick Fletcher was appointed the first Special Justice of the Peace. In the same year a Periodical Court to be held by the Magistrate of Knysna was established at Millwood. During August 1916 a Periodical Court to be held by the Magistrate of Knysna was established at Plettenberg Bay.

Magistrate, Vredenburg

  • 1/VRG
  • Governmental body
  • 1940 – 1979
In terms of Government Notice No 575 of 28 April 1939 a Special Justice of the Peace was appointed for Vredenburg in the District of Malmesbury (Government Gazette, 28 April 1939). In terms of Government Notice No 1804 of 2 September 1949 a Court of the Assistant Resident Magistrate was established at Vredenburg (Government Gazette, 2 September 1949).

Magistrate, Wellington

  • 1/WEL
  • Governmental body
  • 1894 – 1984
A Magistrate’s Court was established at Wellington in the district of Paarl on 1 January 1894 (Government Gazette No 7567 dated 29 December 1893, Government Notice No 1261 dated 28 December 1893). Mr JI Herbert was appointed magistrate at Wellington (Government Gazette No 7567 dated 29 December 1893, Government Notice No 1262 dated 28 December 1893).

Magistrate, Wynberg

  • 1/WBG
  • Governmental body
  • 1839 – 1987
A magistrate’s court was established at Wynberg on 23 January 1839 (Government Gazette No 1727 dated 25 January 1839, Ordinance No 1 dated 23 January 1839). For the period 26 May 1884 – 19 July 1888 an Additional Resident Magistrate of the Cape district held court at Wynberg (Government Gazette No 6490 dated 27 May 1884, Proclamation No 115 dated 26 May 1884). A magistrate was again appointed to this office on 19 July 1888 (Government Gazette No 6996 dated 20 July 1888, Proclamation No 126 dated 13 July 1888).

Secretary, Divisional Council of Mossel Bay

  • 4/MBA
  • Governmental body
  • 1879 – 1979

On 5 January 1858 the division of Mossel Bay was subdivided into six districts for divisional council purposes under provision of Act No 12 of 1857 (Cape of Good Hope Government Gazette No 2893, 8 January 1858, Proclamation of 5 January 1858).

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

Secretary, Divisional Council of Paarl

  • 4/PRL
  • Governmental body
  • 1848 – 1972

The division of Paarl was granted a Divisional Road Board in terms of Ordinance No 8 of 1843. This Board sat for the first time on 7 September 1848 and functioned until it was superseded by the Divisional Council.

The Divisional Council of Paarl was proclaimed on 9 July 1855 in terms of Act No 5 of 1855. According to the requirements of the said act, the division was divided into six districts comprising various field cornetcies. The original division was:

(1) Southern Paarl;
(2) Northern Paarl;
(3) Klein Drakenstein;
(4) Wagonmaker’s Valley and Groenberg;
(5) Paardeberg and Behind the Paarl;
(6) Great Drakenstein and Fransche Hoek

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.

Secretary, Divisional Council of Robertson

  • 4/RBN
  • Governmental body
  • 1856 – 1979

The Divisional Council of Robertson was constituted on 23 February in terms of Proclamation No 21 of 1859 (Cape of Good Hope Government Gazette No 3014 dated 25 February 1859).

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

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