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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.

WG Cumming was appointed as the first Magistrate for the district of Xalanga in 1878. Due to the unrest that lasted in Emigrant Tembuland from October 1880 to July 1881, his position became untenable and he had to leave his post. However, after the unrest had died down, he was re-appointed as Magistrate of Xalanga.

In November 1884 part of the district of Cala was incorporated into Xalanga. CJ Levey, formerly the Magistrate of Cala, became the Magistrate of the reconstituted district of Xalanga and the seat of the magistracy was moved to Cala.

Due to the Transkei being granted self-government on 1 November 1963, the Magistrate of Xalanga became an official of the Transkeian Government and his archives subsequent to that date were deposited in the Transkeian Archives Depot, Umtata (now Mthatha Archives Repository).

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)

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 magistrate’s court was established at Bathurst on 8 March 1848 (Government Gazette No 2206 dated 9 March 1848, Proclamation dated 8 March 1848). According to the documents, however, the Resident Magistrate was unofficially in office since February 1847.

As from 15 March 1870 the court was transferred to Port Alfred (Government Gazette No 4211 dated 15 March 1870, Proclamation No 13 dated 15 March 1870).

On 10 August 1904 a periodical court to be held by the Magistrate of Port Alfred was established at Bathurst (Government Gazette No 8676 dated 19 August 1904, Proclamation No 255 dated 10 August 1904) and again discontinued on 30 May 1905 (Government Gazette No 8758 dated 2 June 1905, Proclamation No 172 dated 30 May 1905). No records of this periodical court could be traced.

On 1 October 1928 the Magistrate of Port Alfred was also appointed as Native Commissioner (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865 dated 26 October 1928).

In 1854 a committee which was elected from the members of the Cape House of Assemble to investigate the necessity of increasing the number of magistracies in the Colony, recommended inter alia the founding of a magistracy at Aliwal North, a village which at that time fell under the jurisdiction of the resident magistrate of Albert.

On 27 July 1855 the Cape of Good Hope Government Gazette reported that the magistracy in question had been constituted and established.

The boundaries of the new district were as follows: “From that point where the Stormberg Spruit joins the Orange River, along the said Spruit to the Brandkops Spruit, thence along the latter to the farm of B de Klerk thence in a South-Easterly direction past the farms Braamfontein, P H Hemmings; Damfontein, G Heuse; Tiger Hoek, G Strydoms; Patriotsklip, J Kleinhans; Zuutbron, J Olivier; Telemachus, J van Biljoens; Vogelfontein, L van der Waltz; Witkops, Jasper Venters; Du Plessiskraal, P Wagenaars; the farms of C Botha, N Els, B Buys, and L J Pretorius, to Joubertskop, in the Stormbergen the boundary of Albert; thence along the Colonial Boundary to the source of the Fees, and down that stream to the Orange River, the Boundary between Albert and the Free State. The whole of the places above named belonged to Aliwal North”.

Several factors influenced the jurisdiction of the Resident Magistrate and Civil Commissioner, later the Magistrate of Aliwal North. The most important of these are the following:

(1) Special Justice of the Peace and Periodical Court, Jamestown
The year 1876 marked the establishment of a court of Special Justice of the Peace at Jamestown in the district of Aliwal North. Henceforth certain types of criminal cases were to be dealt with by the newly appointed Special Justice of the Peace which meant, in effect, a diminution of the criminal jurisdiction of the Resident Magistrate of Aliwal North. Proclamation no. 3 of 11 January 1883 announced the establishment of an additional court to that of the Special Justice of the Peace, namely a Periodical Court to be held by the Resident Magistrate of Aliwal North at Jamestown. The two courts which operated at Jamestown were abolished on the upgrading of the post of Special Justice of the Peace to that of an Assistant Magistrate as from 1 September 1952.

(2) Periodical Court, Lady Grey
From 18 October 1877 to 20 May 1886 a Periodical Court was held by the Resident Magistrate of Aliwal North at Lady Grey. From 1917 to 1927 Lady Grey was a sub-district of Aliwal North. The sub-district was abolished on 27 May 1927 and the district of Lady Grey created.

(3) Magisterial Division, Herschel
The Herschel Magisterial Division came into being as from 1 April 1873 in the Wittebergen Native Reserve. The Wittebergen Native Reserve was founded in 1850 and originally fell under the jurisdiction of the Resident Magistrate of Albert. With the establishment of the magistracy at Aliwal North the supervision over the Reserve went over to the newly created magistracy, a situation which was completely altered with the creation of the Herschel Magisterial Division.

Functions of the Resident Magistrate and Civil Commissioner:
The Magistrate of Aliwal North followed the magisterial system of the Cape Colony which had been laid down in Act no. 20 of 1856. He possessed criminal and civil jurisdiction and performed miscellaneous quasi- and non-judicial functions. The magisterial jurisdiction was amended by various subsequent statutes, both of the Cape Colony and of Union.

Grahamstown developed into the main centre of the Eastern Province when the 1820 Settlers and some Boer families settled there.

On 15 September 1820 a court of Deputy Landdrost and Heemraden, under the control of the court of Landdrost and Heemraden at Uitenhage, was established for the better administration of justice in the new developed area.

In October 1820 it was, however, decided to establish a permanent seat of magistry in the district of Albany. The chief seat was situated in the town of Bathurst. The court of Heemraden consisted of the Heemrade resident within the limits of the sub-drostdy of Grahamstown.

The magistrate also acted as chairman of the matrimonial and liquor licensing courts.