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.
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