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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)

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)

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)

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.

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.

A magistrate's court for the district of Carnarvon was established on 23 September 1874. In that year the name of the town changed from Harmsfontein to Carnarvon.

The magistrate held a periodical court at Van Wyksvlei.

On the recommendation of the Commissioners of Inquiry the entire judiciary system was revised in 1827, based on the Charter of Justice. The colleges of landdrosts and heemrade were abolished and replaced with resident magistrates and civil commissioners.

According to these instructions, the resident magistrate had jurisdiction in civil cases where the disputed sum did not exceed £10 and where titles to land, etc. were not in dispute.

In criminal cases, his jurisdiction was limited to cases not punishable with death, transportation, banishment, fines exceeding £5 or imprisonment exceeding one month. Documentation was to be in English and appeals against decisions in cases exceeding 40 shillings could be lodged with the Circuit Court. Together with the clerk of the peace, who was also to be public prosecutor, the resident magistrate formed a matrimonial court for the registration of marriages.

The civil commissioner was responsible for tax collecting and other functions formerly performed by the landdrost and heemrade, which had not been assigned to the resident magistrate.

The revised Charter of Justice of 1832 brought little fundamental change to the newly created judiciary system.

In 1834 the offices of Resident Magistrate and Civil Commissioner were consolidated.

By Act No 20 of 1856 and Act No 22 of 1875 resident magistrates received extended jurisdiction and also performed miscellaneous semi and non judicial functions.

In 1882 provision was made for the appointment of assistant resident magistrates. In 1884 the use of Dutch in all court documentation was again permitted on an equal footing with English.

After Union in 1910 the laws relating to magistrates courts were consolidated and magisterial jurisdiction was amended from time to time by various subsequent acts.

Act No 38 of 1927 made provision for the appointment of (native) commissioners for any area in which large numbers of blacks resided. Magistrates of certain districts were authorized to act as such commissioners and to hear civil cases according to the native law. Criminal cases were subject to the Magistrate’s Court Act of 1917 as amended and the Criminal Procedure and Evidence Act No 31 of 1917 as amended.

Apart from his judicial and administrative functions, the resident magistrate and civil commissioner also performed semi-judicial duties such as to act as coroner at inquests. In an ex-officio capacity, he acted as chairman of the liquor licensing court, the divisional council, the rent board, etc. During the Anglo-Boer War, he also acted as deputy administrator of martial law. Additional duties performed by the resident magistrate include those in connection with the matrimonial court, the slave office, the registration of births and deaths, and tax and customs.

A periodical court, to be held by the magistrate of Colesberg, was established at Hanover on 28 December 1857. This periodical court was abolished on 13 November 1876 when a magistrate was appointed for the district of Hanover. For the period up to December 1876 when the Magistrate of Colesberg tried cases in the Periodical Court at Hanover see 1/CBG D1/1/1 – 2/2/1 in the Colesberg Magistrate’s group.

The magistrate acted as deputy registrar of births and deaths, chairman of the water and liquor licensing courts and as controller of the Cape Mounted Police.