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The emancipation of the slaves in 1834 gave rise to the eventual erection of its own magistracy for Malmesbury. Ordinance No 1 of 1835 regulated the details of the proceedings under the Emancipation Act. Under this act, special magistrates were to be appointed for the protection of the apprentices. For this purpose only, the colony was divided into 14 districts, including Malmesbury, to each of which a special magistrate was assigned. The sole duty of the special magistrate was to enforce the provisions of the Emancipation Act.

When the apprenticeship ceased on 1 December 1838, the Governor considered it advisable to retain, inter alia, the services of the special magistrate of Malmesbury “whereas it is expedient to provide for the more effectual administration of justice….”

Ordinance No 1 of 1839 provided for the establishment of a Court within a district called Malmesbury, which shall be a Court of Record and that the said district of Malmesbury shall be subject to the jurisdiction and authority of a Court of Resident Magistrate.

Mr JM Hill, who acted as special magistrate, was appointed Resident Magistrate for the district of Malmesbury.

The initial area of jurisdiction of the magisterial district of Malmesbury was defined by a proclamation dated 24 January 1839. These boundaries were amended from time to time by various subsequent proclamations in the Government Gazette.

Periodical Courts:

The establishment of periodical courts at Hopefield and Darling from 1 December 1856, originated from a Colonial Secretary’s circular received by the Resident Magistrate of Malmesbury, “inquiring as to the places within your district in which you consider that it would be desirable to hold periodical courts…..” In this regard the Resident Magistrate had to take into consideration the population and the distance from the seat of the resident magistracy. By proclamation No 311 of 1905 an Assistant Resident Magistrate for the district of Malmesbury was appointed at Hopefield.

In December 1856 the Resident Magistrate of Malmesbury visited St Helena Bay and reported on matters concerning the fisheries. Although it is not quite clear, it seems that troubles in connection with the fisheries necessitated the establishment of a periodical court there in 1857. The reason for the abolishment of the periodical court at St Helena Bay from 15 April 1908 cannot be traced.

In connection with a petition with a petition addressed to the Government by the inhabitants of Vredenburg, and ensuing reports by the Resident Magistrate of Malmesbury, a periodical court was established at Vredenburg by a proclamation dated 23 November 1881.

In this regard the Resident Magistrate reported that “the inhabitants of the western portions of the wards St Helena Bay and Saldanha Bay, would not have to travel to attend a court of Justice as is necessary under the present arrangement.”

At Riebeeck West a periodical court was established in May 1898 apparently because of the increase in population.

Functions of the Resident Magistrate:

Judicial Functions:
The limited jurisdiction exercised by the Magistrate of the Malmesbury 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 function. This magisterial jurisdiction was amended by various subsequent statuses, 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.”

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 matters

Ex-officio Functions:

As reflected in the records (volumes 11/1/5 and 13/1/1) the Resident Magistrate functioned in his ex-officio capacity as:
Deputy Registrar of Births and Deaths
Chairman of the Divisional Road Board
In terms of Act No 5 of 1855 the Resident Magistrate also served as an ex-officio member of the local Divisional Council and, whenever he was present, he acted as chairman of that body.

Additional Duties:

In addition to the above, the Resident Magistrate together with his clerks, formed the Matrimonial Court for his magisterial district.

The records of the Licensing Court were kept in the Resident Magistrate’s Office in accordance with the Codified Circular Instructions.

Clerk of the Peace:

The judicial authority of the Clerk of the Peace as Public Prosecutor was derived from Ordinance No 40 of 1828 as amended.

MAGISTRATES OF MALMESBURY

Name and Date of Appointment
Hill, JM (Special Magistrate) (January 1835)
Hill, JM (Resident Magistrate) (24 January 1839)
Bergh, WF (1 September 1846)
Rainier, J (1 February 1856)
Ford, ES (13 March 1866)
Duthie, GR (8 September 1879)
Faure, JC (14 January 1889)
Sweeny, CJ (3 July 1902)
Wrensch, F (1 April 1912)
Roberts, FMW (1 May 1919)
Lyne, MJ (1 July 1923)
Wither, P (1 March 1928)

By order of the governor, JH Fischer, landdrost at Tulbagh in 1818 investigated and reported on the necessity to create new sub-districts between Tulbagh and Graaff-Reinet. In the same year a sub-district of Graaff-Reinet was established at Beaufort (West). Fischer also recommended that the farms “Lange Rug” and Roode Draai” near the Hex River Poort be bought for the establishment of a new sub-district to serve the inhabitants between Tulbagh and Swellendam. In October 1819 a sub-district of Tulbagh was established at Worcester and JF van de Graaff was appointed deputy landdrost. Initially, he was assisted by a sheriff, mounted police, a messenger and a clerk. In April 1820 the boundaries of the sub-district were defined.

On the recommendation of the landdrost and heemrade of Tulbagh a court consisting of the deputy landdrost and at least two heemrade as well as a matrimonial court was created at Worcester in January 1822.

The sub-district at Worcester existed until November 1822 when the seat of magistracy of the Tulbagh district was moved to Worcester. As a result of the damage to the drostdy buildings at Tulbagh by a storm in July 1822, Captain Charles Trappes, then landdrost at Tulbagh, persuaded the governor to move the seat of magistracy to Worcester. The sub- district of Worcester was abolished and the former district of Tulbagh was renamed the district of Worcester. Trappes was appointed the first resident magistrate at Worcester in November 1822 and in 1827 he also became civil commissioner. At Tulbagh a special heemraad, assisted by a clerk, who also officiated as postmaster, was appointed. From 1 January 1828 the special heemraad was replaced by a justice of the peace who took over his functions. The latter post existed until 1848 when Tulbagh became an independent magistracy.

In December 1847 members were elected to form, together with the civil commissioner, a Board of Public Roads for the Worcester division.

In 1848 the district of Worcester comprised thirteen field cornetcies.

An assistant resident magistrate for the district was appointed in June 1899 and in September 1899 a periodical court was established at Matjesfontein.

The Archives:

A close interrelation exists between the earliest archives of the magistrate of Worcester and those of the magistrate of Tulbagh and the introductions of these two archives naturally compliment each other.

As can be seen from the main series and the inventories the archives of the former district of Tulbagh covering the period 1804 – 1822 was incorporated with the archives of the magistrate of Worcester thus forming an integral part of the latter archives.

The archives of the special heemraad and justice of the peace at Tulbagh for the period 1822 – 1848 was transferred to the archives of the magistrate of Worcester, since these officials fell under the jurisdiction of the latter magistrate.

On 11 July 1804 the district of Stellenbosch was subdivided into two districts. The southern portion of the original district retained the name Stellenbosch, while the northern portion was named Tulbagh. A former Landdrost of Stellenbosch, Hendrik Bletterman was temporarily appointed to institute the administration of the district of Tulbagh. The inhabitants strongly opposed the proposed boundaries of the new district as well as the decision to establish the seat of the magistracy at Jandisselsvlei. Therefore, Bletterman was instructed to investigate the matter and find a solution.

In his report of September 1804 Bletterman recommended that the Government purchase the farm Rietvalley in Roodezand (Land van Waveren) as the seat of the Landdrost. He also divided the district into 16 field-cornetcies and appointed field-cornets. Bletterman’s proposals were accepted and he was authorised to make any changes which he deemed necessary in the interests of the inhabitants of the district. He was granted 25000 rixdollars to build a residency. H van de Graaff was appointed as the first landdrost of the district.

In February 1808 an Adjunk-Landdrost (Deputy Magistrate) was appointed at Jandisselsvlei, and in 1819 an Adjunk-Landdrost was also appointed at Worcester. After the residency and other public buildings had been damaged by a storm in July 1822, it was decided to move the seat of the Landdrost from Tulbagh to Worcester and to change the name of the district to Worcester. On the recommendation of the Landdrost a Special Heemraad was appointed at Tulbagh in October 1822. When the system of Landdrost and Heemraden was changed to that of Resident Magistrate and Civil Commissioner in 1827, the Special Heemraad was replaced by a Justice of the Peace.

In March 1848 the district of Worcester was divided into the districts of Worcester and Tulbagh. The latter consisted of the field-cornetcies of Tulbagh, Voorste Omtrek (Koue Bokkeveld), Warm Bokkeveld, Voor Vier-en-twintig Riviere and those parts of the field-cornetcies of Breede Rivier and Achterste Omtrek (Koue Bokkeveld) which fell within the parish of the Dutch Reformed Church of Tulbagh. H Piers was appointed as the first Resident Magistrate of the new district.

On 1 January 1872 the seat of the magistracy was moved from Tulbagh to Ceres, while a periodical court was established at Tulbagh. In 1877 a Special Justice of the Peace was appointed at Saron, while a Special Justice of the Peace, with jurisdiction over the field-cornetcies of Tulbagh, Waterval and Vier-en-twintig Riviere, was appointed at Tulbagh in February 1880.

An Additional Resident Magistrate was appointed at Tulbagh in March 1886. He was to hold court at Tulbagh on Mondays and Thursdays and was to act as Road Magistrate for the district of Tulbagh under the provisions of Ordinance No 9 of 1846.

These measures remained in force until May 1889, when the district of Tulbagh was divided into the district of Ceres and Tulbagh, with the town of Tulbagh as the seat of the latter district. The new district of Tulbagh comprised the field-cornetcies of Tulbagh, Winterhoek, Waterval, Breede Rivier, Koopmansrivier and Vier-en-twintig Riviere.

Apart from his normal judicial and administrative functions, the Magistrate of Tulbagh performed the functions of Chairman of the Divisional Council, Chairman of the Licensing Court and, during the Anglo-Boer War, Deputy Administrator of Martial Law in an ex officio capacity.

The Archives:

From the foregoing it is clear that a close interrelation exists between the earliest archives of the Magistrate of Tulbagh and those of the Magistrate of Worcester. Therefore, the archives of the Magistrate of Tulbagh for the period 1804 – 1822 was left with the archives of the Magistrate of Worcester. The archives of the Special Heemraad (since 1828 the Justice of the Peace) at Tulbagh for the period 1822 – 1848 was also transferred to the archives of the Magistrate of Worcester, since that official fell under the jurisdiction of the latter magistrate.

A few weeks after assuming duty as Commander at the Cape, on 12 October 1679, Simon van der Stel undertook a tour of inspection into the interior where he discovered the fertile valley which he called the Stellenbosch (“Stel en Bosch”).

The particularly advantageous conditions for land ownership encouraged settlement in the valley and by May 1680 eight families were already settled there.

To settle disputes between the burghers of the new district over matters like farm boundaries and roads, a Court of Heemraden consisting of four inhabitants of the district, was established on 31 August 1682. The court, which had to report to Government, was an unofficial body without clearly defined powers.

On April 1685 Commissioner HA van Reede arrived at the Cape as the head of a Commission of Enquiry into Company matters. He made numerous changes in the local administration at the Cape. A landdrost was appointed at Stellenbosch who, as chairman of the Heemraden, acted as a court to settle disputes over boundaries, roads, etc and try cases not exceeding the sum of 50 rixdollars. Appeals could be made against decisions of the College of Heemraden except in minor cases and disputes not exceeding 25 guilders. The landdrost’s duties also include social matters.

In 1688 and the subsequent years the white population at the Cape increased as a result of the arrival of the Huguenots who established themselves mainly in the Stellenbosch and Drakenstein district, as the district of Stellenbosch was then known. Since 1697 the Drakenstein area formed an almost separate administrative unit with its own heemraad.

The district of Stellenbosch initially comprised the entire interior of the settlement at the Cape. As the boundaries of the district expanded, a need was felt to establish a new magistracy in the far interior to attend to the needs of the burghers. This resulted in the establishment of the district of Swellendam in August 1745 and the revision of the limits of Stellenbosch and the area of jurisdiction of the Landdrost and Heemraden of Stellenbosch and Drakenstein.

The settlement at the Cape continued to expand and the boundaries of the districts had to be altered continually. In 1803 the settlement consisted of four districts, ie Cape Town, Stellenbosch, Swellendam and Graaff-Reinet. The wide-spread nature of each district caused inconvenience to the outlying farmers and Commissioner De Mist recommended the subdivision of the existing districts. The district of Stellenbosch was divided in July 1804 whereby a new district named after Governor Tulbagh was created. By September 1804 the arrangements for the division were completed and the boundary between the two districts established.

In 1805 the duties and powers of the Landdrost and Heemraden were clearly defined and matters relating to land, vendue and finance placed within their jurisdiction.

In February 1808 the boundaries of the districts of Tulbagh and Stellenbosch were redefined.

A magistrate's court was established at Bellville on 21 May 1926.

Previously the magistrate of Cape Town held a periodical court at Bellville.

The magistrate of Bellville held periodical courts at Durbanville and Philadelphia.

On 1 September 1855 the district of Bredasdorp was created and JH Hofmeyr appointed Resident Magistrate for the said district (Government Gazette No 2645 dated 7 September 1855). The magistrate held periodical courts at Napier and acted as gaoler, chief constable, deputy registrar of births and deaths and chairman of the liquor licensing court.

The Magistrate’s Office at Bredasdorp and all the records which were housed there at the time were destroyed by fire in December 1941 (File No K9/6/B8: Letter dated 14 October 1960 addressed to the Senior Archivist, Cape Town by the Magistrate, Bredasdorp). This presumably accounts for the gaps between 1902 – 1941 in the various series of archives.

Clanwilliam, formerly known as Jan Disselsvlei, formed part of the district of Stellenbosch until 1808 when it was annexed to the newly established district of Tulbagh. It then also became a sub-drosdy. The assistant magistrate's seat of office was on the loan farm Jan Disselsvlei, specially bought for this purpose. This sub-drosdy was renamed Clanwilliam in January 1814. On 1 January 1828 a resident magistrate was appointed to the Clanwilliam district.

The magistrate's office was burnt down during the Anglo-Boer War and most of the records prior to 1902 were destroyed.

The magistrate held periodical courts at Citrusdal, Lamberts Bay, Van Puttensvlei and Vanrhynsdorp.

An assistant resident magistrate was appointed at Durbanville on 31 August 1899. Prior to his appointment and since November 1872, Durbanville fell under the jurisdiction of Cape Town with the magistrate of Wynberg holding a periodical court at Durbanville. In terms of Act 10 of 1876 a special justice of the peace was appointed for the Durbanville area. This office was abolished when the previous periodical court was again established on 19 July 1888. The Magistrate, Cape Town took over the jurisdiction of Durbanville on 11 November and held a periodical court there until a magistrate was appointed at Durbanville in 1899.

The magistrate held a periodical court at Bellville from 1916 - 1926.