The Pinelands Garden City Local Board was established on 28 July 1921 in terms of Proclamation No 164, 1921 under provision of Ordinance No 11, 1921 (Province of the Cape of Good Hope Official Gazette No 755, 29 July 1921).

The Municipality of Pinelands was constituted on 5 March 1948 in terms of Proclamation No 34, 1948 under provision of Ordinance No 14, 1938 (Province of Cape of Good Hope Official Gazette No 2338, 12 March 1948). The first election of councillors to the newly constituted Town Council took place on 4 April 1948 (volume 3/PLS 1/1/1/1).

In December 1836, Lord Glenelg authorized the creation of a harbor board for Table Bay with power to collect wharfage charges, to borrow money on security of such charges and to complete the stone pier, on which work had been suspended in1833. The unofficial members of the Legislative Council objected to this scheme, advocating that the government should construct two or three cheap jetties which would serve the purpose of trade until a more comprehensive scheme could be undertaken. This course was adopted and two jetties were built at the foot of Bree Street, one costing £1404, the other costing £7479.

After the opening of the second jetty for use on 1 June 1842, nothing further was done as regards harbor works until 27 June 1844, when the Legislative Council passed a resolution requesting the Governor to appoint a board to report upon “the practicability, advantage and probable expense of constructing a breakwater in Table Bay”.

As a direct result of the decision taken by the Legislative Council, a commission consisting of four persons was appointed on 15 August 1844, being entrusted to investigate, inter alia, the practicability of making Table Bay a safe harbor.

The recommendations of the commission were forwarded to the Secretary of State by the Governor who proposed that a board of commissioners for the improvement of the harbours of the Colony, with powers similar to those of Road Boards, should be appointed.

The Governor’s proposals were favourably considered by the Lords Commissioners of the Admiralty and at the same time the Imperial Government declared itself willing to grant the Colony a loan for the construction of a breakwater. The Colonial Government availed itself of this offer by passing Ordinance No 21 on 29 October 1847, which provided for the appointment of harbour boards to consist of not less than three and not more than five members.

In terms of this ordinance, the harbour boards were required to submit reports to the Governor in regard to works considered necessary for the improvement of the harbour for which they were appointed and all works completed, and lands reclaimed from the sea were vested in them. The right to make use of public or certain private lands required for harbour improvements was conferred on the boards. The Governor was empowered with the consent of the legislative to authorise the periodic raising of the required funds by means of loans. The boards were authorised to employ engineers, surveyors and other officials and were permitted to establish tolls and rates for the use of piers, harbours, quays, etc.

Ordinance No 1 of 1848 made provision for the construction of a “sea wall” in Table Bay and on 26 July of that year William Field, JB Ebden, W Billingsley, James Searight and John Stein were appointed “commissioners for improving the port and harbour of Table Bay”, with William Field being appointed chairman. The first meeting of the board was held on 29 July 1848 at the Custom’s House.

During the first years of the Board’s administration various minor works were undertaken, such as the erection of new jetties and wharfs.

From 1854 the Colonial Government began to give serious consideration to the question of the improvement of Table Bay. Various schemes were proposed but it was not until 1860 that a design for a breakwater, an inner dock and outer basin, estimated to cost £399,000 and submitted by John Coode, an eminent harbour engineer, was approved by Parliament.

Subsequent to the approval by Parliament of Coode’s scheme, Act No 6 of 1860 was passed, which made provision for the borrowing of £200,000 for the construction of a breakwater and for the appointment of a board of commissioners to consist of seven persons, charged with the supervision of the work and with the administration of the properties, funds and revenues connected with the harbour. The new board was appointed on 13 August 1860.

The construction of the breakwater was commenced on 17 September 1860 and the following year the Board was authorised to commence building the docks.

On completion of one of the docks in 1868, it consequently became necessary to regulate the trade of the harbour and the use of the docks. This objective was realised by the passing of Act No 18 of 1868 which entrusted the management of the docks to the Harbour Board appointed in August 1860. In terms of this act, the Board could appoint officers and frame regulations.

In view of the fact that the levying of wharfage dues on goods landed and shipped gave rise to certain complications, the board recommended that a tonnage duty be substituted. This recommendation was given effect by the passing of Act No 22 of 1872 which also altered the constitution of the Board by reducing the number of members from seven to five.

In terms of Act No 26 of 1881 the management of the docks and the breakwater as well as any further works of construction or maintenance were entrusted to a board of seven commissioners styled the “Table Bay Harbour Board”, four of whom were to be appointed by the Governor. Of these four nominee members no more than two could be persons holding offices of profit under the Crown. The elective members were returned by a constituency of importers and exporters of merchandise in Cape Town, who had voting powers according to the amount of dock dues paid, in the proportion of one vote for every £100 of dues.

The nominee members were to hold office during pleasure whereas the elective members had to vacate their seats in rotation, each member sitting for two years and being eligible for re-election. Each member was to receive £1 for each meeting attended which was not to exceed £100 in any one year.

In terms of Act No 11 of 1890 the mayor of Cape Town was an ex officio member of the board during his period of office.

Under the general sanction of the government through the Commissioner of Crown Lands and Public Works, the commissioners of the Board had direct control over the administration of their funds.

Under the provisions of Act No 36 of 1896, a board of seven commissioners was established for each of the harbours of Table Bay, Port Elizabeth and East London. Three of the members were appointed by the Governor and two were elected by a constituency specially constituted under the act. Of the remaining two members in respect of the Table Bay Harbour Board, the mayor or the deputy mayor of Cape Town was a member. The other member was elected by the Cape Town Chamber of Commerce. The same procedure applied to the other two harbour boards.

In terms of the “Harbour Control Act” of 1908 the harbour boards at Cape Town, Port Elizabeth and East London were abolished as from 1 January 1909, the administration of the harbours being placed under the Cape Government Railways. At the same time provision was made for the establishment of advisory boards for the harbours.

The Port Captain and other Officials:
After the passing of Act No 18 of 1868 the port captain was also appointed dock master. This arrangement did not meet the approval of the Board who warned the Governor of the inconvenience that might eventually arise from the amalgamation of posts. As the trade of the port increased the need for placing the docks on a more satisfactory footing led to further representation being made by the Board to government. Eventually the virtual abolition of the dual office of port captain and dock superintendent was obtained and in March 1876 an officer with the latter designation was appointed, being charged with the entire superintendence of the working of the docks and the control of shipping.

From 1 April 1886, the department of the port captain and the dock superintendent were once again amalgamated, the incumbent of the office being appointed both dock superintendent and port captain.

Owing to the extent of the harbour works under construction and the increased trade of the docks the Board decided in 1882 to relieve the resident engineer of all supervision over the Maintenance Department and from 1883 there were two departments, a Department of Construction and a Department of Maintenance, each under an engineer. This arrangement continued until August 1884 when the two aforementioned departments were amalgamated.

The designation “resident engineer” was altered in 1897(28) to “engineer-in-chief” and in 1900 to “engineer-to-the-board”.

Act No 36 of 1896 conferred on the Table Bay Harbour Board the right to appoint, subject to the approval of the Governor, the port captain for Table Bay. This official, although under the control of the Board, was responsible to the Governor on all matters relating to quarantine laws and regulations.

On 23 November 1901 the Table Bay Harbour Board decided to appoint a general manager who would have control of the working and administration of all departments. Mr RH Hammersley Heenan was appointed to the office and Mr Frank Robb was appointed assistant general manager and secretary.(30) In September 1902 Mr Hammersley Heenan was appointed general manager and engineer-in-chief. Owing to the discontinuance of all construction work and the depressed financial situation, the office of the general manager was abolished on 28 February 1907.

As was the case in Batavia, the establishment of the Orphan Chamber at the Cape of Good Hope arose out of the need to provide for the collection and administration of the property of persons who died intestate and left heirs who were absent from the Colony or who were under age. The property of persons who died on the voyage to and from Europe and found on board, was also subject to the jurisdiction of the Orphan Chamber. However, the Government was advised in a letter dated 30th March, 1711 that the Chamber was not to be burdened with deceased estates of Company’s servants and burgers who had died on the voyage.

The main functions and duties of the Orphan Chamber were:

The administration of the estates of persons dying intestate in the Colony or on the voyage and leaving absent or minor heirs, as well as estates of those who had not specifically
excluded the Orphan Master in their will, or had specifically appointed them even where their heirs were majors and resident here;
The registration of wills of deceased persons;
The administration of minors’ property;
Receiving and paying to present and absent claimants the portions or legacies due to them;
Keeping a death register of persons who died at the Cape;
Recording the resolutions and transactions of the Board.

After the devastating effect of the smallpox epidemic of 1713, the Council of Policy empowered the Orphan Chamber to protect the transfer of property of all free individuals at the Cape. All wills and deaths at the Cape had to be registered with the Orphan Chamber but the Chamber only inventoried and acted as executor for the categories of estates listed below.

The Orphan Chamber was the executor of the estates of free persons:
who left heirs under 25 (and unmarried) or of unsound mind;
who left heirs who were either out of the country or not apparent;
who died ab intestato or ex testamento (without a will or testament);
if there was a specific request in the will or testament for the Chamber to act as executor;
if the will did not specifically exclude the Chamber from acting as executor.

The Orphan Chamber had to track down any possible heirs. Heirs residing outside of the country of death had to send a power of attorney proving their relationship to the deceased, and the Orphan Chamber would then pay out what was rightfully theirs. If an individual died without children or spouse, then the inheritance went to their next of kin, whether brothers, sisters, parents, or cousins (sometimes even to the 10th degree). If an inhabitant, or a stranger, died at the Cape without any acknowledged relatives, the property, after discharging the debts, was sold, and reserved for the unknown heirs, and every method was taken for their discovery. If no heir was found within 50 years from the date of death, the estate reverted to the Government.

In 1714 the Government issued to the Orphan Masters a set of rules and Regulations by which they were to be guided in the carrying out of their duties (Resolutions, Council of Policy, 26 June 1714). These instructions were taken from the Statutes of Batavia, together with a tariff of fees which were to be charged in administering an estate.

In 1793 renewed instructions were issued and compiled from the 1714 rules, from those of the Orphan Chamber at Batavia, from a sketch of instructions submitted to the Government by the Orphan Masters, and from a report relative to the improvement to the Chamber.

Provisional instructions were framed for the Orphan Chamber by Commissioner General Jacob de Mist but these show that they were evidently framed more with a view to confirm the existing rules than to introduce new regulations.

The following are two of the articles of the instructions laid down: Immovable property of orphans could only be sold by an order of Court, and such property had to be put up for public auction and sold to the highest bidder. A minor, absent from the country for sixteen years, could be publicly summonsed at his last-known place of residence. If it was ascertained what had happened to him, his heirs could receive his property upon giving security de restituendo. Persons had to obey a summons to appear before the Masters as if it had emanated from a Court, and upon a third default to appear they could be brought before the Court of Justice. From the resolutions sent from time to time by the Government to the Board and the instructions framed in 1793, it would appear that the Orphan Masters were given almost the same portion of authority and jurisdiction in testamentary matters as was exercised in earlier periods by the spiritual Courts in England.

According to the provisions of Ordinances 104 and 105 of 1833, the Orphan Chamber was abolished and its duties were transferred to the newly appointed office of Master of the Supreme Court. The Supreme Court of the Cape of Good Hope was established in 1827. Subsequently a code for the administration and distribution of insolvent estates was enacted on behalf of minors and persons under curatorship.

The Master controls the administration of deceased and insolvent estates. In this connection he protects the property rights of creditors and heirs and especially of minors. The acts which mainly control his functions are the Administration of Estates Act, 1965 (Act 66 of 1965), the Insolvency Act, 1936 (Act 24 of 1936), the Companies Act, 1973 (Act 61 of 1973), the Close Corporations Act, 1984 (Act 69 of 1984) and the Trust Property Control Act, 1988 (Act 57 of 1988). He appoints executors and trustees in estates and liquidators of companies. He has in respect of minors to a limited extent the function of upper guardian, especially in regard to alienation of hypothecation of their immovable property. The interests of mentally affected persons and persons under curatorship are also protected by him. The most important task of the Master~s office is to check liquidation and distribution accounts. He has wide powers to enforce proper administration by executors, liquidators and trustees. There were six Master~s offices in South Africa prior to 1997, one in each of the provincial capitals and one at Kimberley and also Grahamstown.

The Supreme Court of the Colony of the Cape of Good Hope was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Thereby a Court of Record was constituted originally consisting of a Chief Justice and two puisne judges with jurisdiction in all cases, civil, criminal or mixed. A Registrar was appointed to keep the records of the court, inter alia, recording judgments, file petitions, declarations, applications, admissions of advocates, attorneys, sworn translators, etc.

In September 1909 the South Africa Act created a Supreme Court for the whole of South Africa consisting of an Appellate Division, a Provincial Division for each of the four provinces and a number of local divisions. The Supreme Court of the Cape Colony was thereby transformed into the Cape of Good Hope Provincial Division of the new Supreme Court of South Africa. Originally the Cape Division had jurisdiction over the whole of the Cape Province, although concurrently with the Eastern Cape (Grahamstown) and Griqualand West (Kimberley) Local Divisions in their areas of jurisdiction. However, in 1957 the Eastern Cape division was elevated to the status of a provincial division, and in 1969 the Griqualand West division was similarly elevated, becoming the Northern Cape Division. Upon elevation these divisions became independent from the Cape Division.

When the final Constitution of South Africa came into force in 1997, the Cape of Good Hope Division of the Supreme Court became a High Court. In 2003, in terms of the Interim Rationalisation of Jurisdiction of High Courts Act, 2001, the area of jurisdiction of the Cape High Court was modified to coincide with the boundaries of the Western Cape province. The Renaming of High Courts Act, 2008 renamed it to the "Western Cape High Court, Cape Town". In 2013, in the restructuring brought about by the Superior Courts Act, it became the Western Cape Division of the High Court of South Africa.

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. The following local bodies were represented on the council:
Local Authorities
Divisional Council of the Cape
Divisional Council of Stellenbosch
Divisional Council of Paarl
Bellville Municipality
Durbanville Municipality
Goodwood Municipality
Cape Town Municipality
Milnerton Municipality
Parow Municipality
Pinelands Municipality
Simonstown Municipality
Fish Hoek Municipality
Franschhoek Municipality
Kraaifontein Municipality
Paarl Municipality
Wellington Municipality
Brackenfell Municipality
Gordon’s Bay Municipality
Kuils River Municipality
Somerset West Municipality
Stellenbosch Municipality
Strand Municipality

Management Bodies
Atlantis Management Committee
Elsies River Management Committee
Grassy Park Management Committee
Matroosfontein Management Committee
Ocean View Management Committee
Cravenby Management Committee
Macassar Management Committee
Meltonrose Management Committee
Scottsdene Management Committee
Sir Lowry’s Pass Management Committee
Proteaville Management Committee
Morningstar Management Committee
Groendal Management Committee
Kraaifontein Management Committee
Athlone and District Management Committee
Cloetesville/Idas Valley Management Committee
Kensington Management Committee
Wittebome/Wynberg Management Committee
Rylands Estate Management Committee
Sarepta Management Committee
Paarl Management Committee
Ravensmead Management Committee
Strand Management Committee
Wellington Management Committee
Cape Town Town Committee
Mfuleni Town Committee
Mbekweni Town Committee
Kaya Mandi Town Committee
Pniel Board of Management
Mamre Board of Management

At the close of the first year of the Council it consisted of 59 members representing 19 municipalities, 26 management committees and boards and 5 town committees together with 6 co-opted members.

The main function of the Western Cape Regional Services Council, as embodied in its founding Act, was to assess and collect levies and distribute funds so generated on a strict priority basis for the improvement and maintenance of infrastructural services and infrastructural facilities to areas and communities with the greatest need. The Council had to ensure that those funds were optimally and efficiently utilized in the hands of the recipients whether the allocation be by way of grant or loan, and to monitor and guide the recipients in the use of such funds.

The Administrator of the Cape entrusted the Council with a wide range of regional functions previously performed by the former divisional councils. From the nature of the historic involvement of divisional councils in matters and functions outside the urban local authority areas the entrustment of functions thus only included such functions or parts of functions which were performed in rural areas. This included:

1. Bulk water supply in rural areas
2. Retail supply of water in rural areas
3. Bulk supply of electricity in rural areas
4. Retail supply of electricity in rural areas
5. Fire brigade services in rural areas
6. Traffic matters
7. Civil protection
8. Cemeteries
9. Refuse dumps
10. Sewage purification works and main sewage disposal pipelines
11. Stormwater drainage
12. Public open spaces, roads and the lighting thereof
13. Certificates of fitness, roadworthy certificates and testing of driver’s licences
14. Nature reserves
15. Promotion of tourism
16. Pounds
17. Collection of dog tax and dog control
18. Vacuum tanker services and nightsoil removal services
19. Refuse removal services
20. Metropolitan and regional planning
21. Environment conservation
22. Passenger transport services
23. Abattoirs
24. Fresh produce markets
25. Airports
26. Private roads
27. Establishments, improvement and maintenance of other infrastructural services and facilities
28. Control of problem animals in rural areas
29. Health services
30. Subdivision of land and township development
31. Building plans and building control
32. Commonages, outspans and public places
33. Registration and control of businesses
34. Recreation facilities, public resorts, beach amenities, caravan parks and picnic sites, the use of land which were not limited to a specific population group

The Council also rendered services on a contract/agency basis to various newly created autonomous local government bodies. The following services were rendered on behalf of various principals:

1. The provision and administration of housing and everything related to it, on behalf of the House of Representatives in areas outside the areas of jurisdiction of municipalities.
2. Handling the normal full municipal operational and administrative functions relating to 43 local areas and local councils for all three Houses of Parliament.
3. The operation and administration of 8 public resorts on behalf of the Cape Provincial Administration.
4. Handling the planning, development and operation of certain new residential areas on behalf of the House of Representatives.
5. Development agent for the State for the industrial and residential areas of Atlantis.
6. Handling all functions formerly provided by the Divisional Councils of the Cape, Stellenbosch and Paarl and which did not legally became the responsibility of either Own Affairs Administrations or the Provincial Administration.
7. The provision of health services in certain black residential areas, on behalf of the Provincial Administration.
8. The provision of health services in the rural areas, 8 municipalities, 35 local areas and 8 local councils.
9. Controlling urban development in the rural areas before such areas were declared local areas.
10. Handling the administrative functions of three rural councils.
11. Handling and administration of the recovery of rates and service fees and tariffs in 43 local areas and local council areas.
12. Maintenance of proclaimed roads on behalf of the Cape Provincial Administration.

As a result of the establishment of the Cape Metropolitan Council, the Western Cape Regional Services Council was in January 1995 reconstituted as the interim Winelands Regional Services Council (Province of Western Cape Provincial Gazette Extraordinary No 4926 of 31 January 1995, Proclamation No 17 of 31 January 1995).

The management of the 18th century hospital was in the hands of Regents or Governors who were members of the Council of Policy. A Board of Management for each hospital succeeded the Governors during the 19th century. These Boards controlled all the property and funds of the hospital and appointed and dismissed the staff of servants not on the fixed establishment of the civil service. Each Board elected its own chairman.

The advent of Union in 1910 brought changes in the control of the hospitals. The four existing colonies became provinces each under a provincial administration. Hospitals in the Union came under the provincial administration of their respective provinces.

The Province of the Cape of Good Hope passed the Cape Hospitals and Charitable Institutions Ordinance No 5 of 1912 which came into full operation on 1 March 1913. This date must be regarded as an outstanding landmark in the history of Cape Hospital Administration.

Under this ordinance all divisional council areas where state-aided hospitals were situated, were constituted hospital districts. In each hospital district there was to be a hospital board for the control and management of these institutions. Each board was to be financed by provincial subsidies, calculated on the amount of their revenue derived from patients’ fees, voluntary contributions, and bequests. With the approval of the Administrator, a board could establish (a) hospitals for the reception or relief of persons requiring medical treatment, (b) dispensaries, (c) maternity homes, (d) convalescent homes, (e) sanatoria and (f) institutions for any other purpose declared to be for a public charitable purpose. When the ordinance of 1912 became operative, the following existing institutions in the Peninsula were controlled by boards or committees: Somerset Hospital, Woodstock Hospital, Victoria Cottage Hospital, Wynberg, Rondebosch and Mowbray Cottage Hospital, Simonstown Cottage Hospital, Eaton Convalescent Home and the Cape Town Free Dispensary.

A hospital board constituted under the provincial ordinance was to consist of six members or multiples of six, but not exceeding thirty-six. In 1913 the Cape Hospital Board was constituted with the maximum number of members and took under its control the abovementioned institutions. The members of the Board were elected by contributors, appointed by local authorities, by the Administrator, by the Honorary Visiting Medical Officers and later by the University of Cape Town.

Standing Committees:

According to Section 58 of Ordinance No 5 of 1912, the Board may, for the administration of any matter within its powers “if and so long as it thinks fit, establish and maintain from amongst its members, a Committee, and every such Committee shall, subject to the control of the Board, have the general administration of the matter in respect of which it is established.” At a meeting of the Board on 27 March 1913, the members discussed the question of standing committees, and at a meeting of the Board on 8 May 1913, a Special Committee was appointed to look into the matter of standing committees. Following this committee’s report, it was decided on 23 May 1913 to appoint the following committees as standing committees of the Board:
1. The General Purposes Committee
2. Finance Committee
3. Buildings, Grounds and Equipment Committee

According to section 32 of the Rules of Order of the Hospital Board, each committee could elect its own chairman. According to section 39 of the rules “The duties of the several standing Committees shall be such as the Board may from time to time define and assign” and section 40 “All Committees shall submit to the Board … a report of their acts and proceedings in carrying into effect the purpose of their appointment, and such matters or things as the Board may have authorized any committee to manage, regulate or conclude …”

The number of members of each committee was decided on by the Board.

On 24 June 1925 a Special Committee was appointed by the Board to consider the whole question of the departmental working of the Board including the constitution and the duties of the standing committees. On 28 October 1925 the committee recommended “that the several Standing Committees of the Board be abolished, and that in place of them there be constituted one committee to consist of seven members comprising (a) the Chairman and Vice Chairman of the Board, (b) five other members, two of whom shall be appointed at each ordinary meeting of the Board …” The Chairman of the Board was to be automatically the chairman of this committee. This committee functioned for the period November 1925 – November 1926.

On 1 October 1926 Ordinance No 17 of 1926 “Ordinance to amend the law relating to the constitution of the Cape and Kimberley Hospital Boards” was passed. This ordinance characterized a new era in hospital administration in the country. According to this ordinance, the Cape Hospital Board “… shall consist of not more than eighteen members” and “… of the said members one sixth shall be appointed by the Administrator, one sixth shall be appointed by the Honorary Visiting Medical Officers, one third shall be appointed by the local Authorities … and one third shall be elected by the registered contributors”.

At an ordinary meeting of the Cape Hospital Board on 8 November 1926 it was decided to constitute another Committee to be styled the Finance and General Purposes Committee, “and that this committee consists of the chairmen of the five institutional committees, together with two other members, to be appointed by the Board”. The Committee that had been responsible for this until then, was abolished on 26 November 1926.

Gradually the idea took root again to separate the functions of the Finance and General Purposes Committee once more. In this connection various proposals were put before the Board, but it was not before 6 June 1940 that it was finally decided and approved to separate the two committees. At the first meeting of the Board in the new year, 6 January 1941, the standing committees were reorganized and a separate General Purposes Committee to consist of 6 members and a Finance Committee to consist of 3 members, were appointed.

The functions of the General Purposes Committee were as follows:
(a) deal with and report upon all questions appertaining to the general policy of the Board;
(b) be responsible for the control of the Head Office;
(c) arrange, co-ordinate and supervise the training of nurses;
(d) deal with all other matters which do not fall within the jurisdiction of any of the other Standing Committees.

The Finance Committee on the other hand was to be responsible for the financial supervision of the Board.

At a special meeting of the Finance and General Purposes Committees on 21 September 1943, the desirability of reconstituting the standing committees of the Board was again discussed. In view of the increased and increasing activities of the Board, it was felt by certain members that the time had arrived that the machinery for carrying out the Board’s work, should be reorganized – it was considered that a rearrangement of the work of the committees would undoubtedly improve the Board’s efficiency and ensure smooth working. At a meeting of the Board on 29 September 1943 a proposal was put “… that the Standing Committees of the Board be reconstituted as follows: Finance and General Purposes Committee … and that the new arrangements shall come into force on 1 January 1944”. This proposal was agreed to and on 10 January 1944 the new Finance and General Purposes Committee was appointed, consisting of 12 members. On the same date a Finance Sub-committee was appointed to the Finance and General Purposes Committee. The Finance and General Purposes Committee functioned to December 1949 when the Cape Hospital Board was abolished.

Apart from these Standing Committees, the Board appointed from time to time occasional committees, such as the Committee for Further Hospital Accommodation, etc to investigate and report upon certain matters.

Committees of Management:

Sections 59 – 63 of Ordinance No 5 of 1912 laid down that “Every institution in a District, if there be more than one institution therein, shall, subject to the control of the Board, be managed by a committee to be styled ‘The Committee of Management of the (naming the institution)’… every such committee shall consist of such number of persons as the Board may from time to time consider necessary” and further “Every such Committee shall, subject to the control of the Board, be responsible for the general management of the institution … all the Acts and proceedings of a Committee appointed under the Ordinance shall be reported to the Board … and shall not have any operation or effect until approved at an ordinary meeting of the Board … The proceedings and powers of every such Committee shall be governed and determined by Regulations made from time to time by the Board with the approval of the Administrator”. It was felt inadvisable by the Administration to prescribe the exact relationship that should exist between the Board and the various committees of management. It was thought preferable to vest all power in the Board with the clear understanding that the Board could delegate to each committee by means of regulations such powers as might be deemed by it to be necessary to enable that committee to properly vary out its work.

At the first meeting of the Board on 17 March 1913 it was decided to have a committee of management for each of the following hospitals:

Somerset Hospital: A committee of 15 member
Woodstock Hospital: A committee of 12 members
Rondebosch/Mowbray Hospital: A committee of 15 members
Victoria Hospital, Wynberg: A committee of 12 members
Simonstown/Kalk Bay Hospital: A committee of 15 members
Cape Town Free Dispensary: A committee of 12 members
Eaton Convalescent Home: A committee of 12 members

A large measure of self-government was granted to these committees. As far as financial matters were concerned, it was decided on 24 July 1913 that “… each Committee of Management retain and bank all subscriptions and other moneys elected by them, pay all accounts due by them and furnish a return of such moneys monthly to the Secretary and Treasurer of the Board …” and further “that the Provincial Governments’ Subsidy on all moneys so collected be paid to the Board, and that the Board remit monthly to each Institution such amount as may be required within the provisions made on the Annual Estimates.”

The Cape Hospital Board took under its control in 1913 seven institutions. When it ceased to exist in December 1949, the number had increased to fifteen. During 1914 the McGregor Convalescent Home came under the control of the Board and was put under the supervision of the Committee of Management for the Eaton Convalescent Home. Also, during 1914 the District Nursing Organisation was established under its own committee. In 1915 a free dispensary for the poor was established in the Woodstock/Salt River area under a separate committee and in 1923 this was amalgamated with the Woodstock Hospital. Later the work of the Cape Town Free Dispensary was amalgamated with that of the Outpatient Department of the Somerset Hospital. During 1918 the Peninsula Maternity Hospital came under the supervision of the Cape Hospital Board with its own committee. During 1938 the Groote Schuur Hospital was opened. Two very important institutions were placed under the control of the Board in the early thirties, namely the Lady Michaelis Orthopaedic Home and Princess Alice Home of Recovery. These two institutions were placed under the control of the Combined Institutions Committee.

With the promulgation of Ordinance No 6 of 1920 the name of these committees was changed to “The Committee of the (naming the institution)”and after 1926 it was simply called “(name of the institution) Committee”.

Ordinance No 17 of 1926 brought a vast change in the administration of the various institutions. According to this Ordinance “… all Committees appointed under provisions of sections fifty nine to sixty three (both inclusive) of Ordinance No 5 of 1912 to manage separate institutions under the control of the Cape Hospital Board shall go out of office and no such Committee shall thereafter be constituted” and further “… the Cape Hospital Board shall have power in its discretion to appoint from amongst its members committees to assist in the management of the institutions …”

A meeting of the Special Committee on Procedure and Organisation was held on 2 November 1926 to discuss the position of Institutional Committees. In their report to the Board, they recommended that there be five Institutional Committees of 6 members each, as follows:
1. Somerset Hospital: One committee
2. Woodstock Hospital and Rondebosch/Mowbray Hospital: One committee
3. Victoria Hospital, Wynberg and Simonstown/Kalk Bay Hospital: One committee
4. Eaton Convalescent Home and McGregor Convalescent Home: One committee (to be styled Convalescent Homes Committee)
5. Peninsula Maternity Hospital, District Nursing Organisation and Cape Town Free Dispensary: One committee (to be styled Combined Institutions Committee)

Every committee could elect its own chairman. It was further decided “that each of these institutional committees be given authority to incur expenditure within the limit provided on the Annual Estimates of the Board in respect of each Institution”.

In addition to these institutional committees, it was decided on 22 December 1926, upon recommendation of the Finance and General Purposes Committee to appoint “a Special Committee, to be called the New Hospital Committee, consisting of the Chairman, the Vice Chairman of the Board and four members to deal with all matters in connection with the new hospital to be erected on the Groote Schuur Estate, and that this Committee be responsible directly to the Board”. On 29 October 1929 this committee’s name was changed to Groote Schuur Hospital Committee. On 25 October 1933 it was decided “that the work of the two institutions (Somerset Hospital and Cape Town Free Dispensary) be amalgamated under the control of the Somerset Hospital Committee.”

During September 1935 it was recommended that “in view of the fact that the deliberations of the Somerset Hospital Committee tend to become more and more concerned with the preparatory work in connection with the Groote Schuur Hospital … when the Board and Committees are reconstituted in October, the Somerset Hospital and Groote Schuur Hospital Committees be amalgamated, and consist of nine members …” On 28 October 1935 the new Somerset Hospital and Groote Schuur Hospitals Committee was appointed to take the place of the separate committees for these two hospitals. From this date the Cape Town Free Dispensary came under the supervision of this committee as well.

During November 1935, a Groote Schuur Hospital Equipment Committee was appointed as a sub-committee to the Finance and General Purposes Committee. This committee had the power to deal with any question of the equipment for the new hospital. On 24 February 1937, this committee was constituted a special committee of the Board with the instruction to report to the Board directly.

With the reorganization of the committees of the Board on 29 October 1937, Groote Schuur Hospital was granted a separate committee to have supervision over Somerset Hospital and Cape Town Free Dispensary also. With the opening of the Groote Schuur Hospital early in 1938, this hospital retained its separate committee while both Somerset Hospital and Cape Town Free Dispensary were transferred to the Combined Institutions Committee.

For quite a long time the members of the Hospital Board had not been satisfied with the composition of the various Institutional Committees. Nearly all of them felt that the time was ripe for a reconstruction of the Institutional Committees. The whole question of committees was referred to the Finance and General Purposes Committees. They recommended on 29 September 1943 that the Institutional Committees be composed as follows:
1. Groote Schuur Hospital Committee – 9 members
2. Somerset Hospital Committee – 6 members
3. Wynberg/Woodstock/Rondebosch Hospitals Committee – 6 members
4. Combined Institutions Committee (with supervision over Peninsula Maternity Hospital, Cape Town Free Dispensary, District Nursing Organisation Midwifery Service and Northern Suburbs Hospital) – 6 members
5. Convalescent Homes Committee (with supervision over Lady Michaelis Orthopaedic Home, Princess Alice Home of Recovery, Eaton and McGregor Convalescent Homes and False Bay Hospital) – 6 members

These recommendations were agreed to, and the new committees were appointed on 10 January 1944.

This was the position up to 17 September 1946. On this date an ordinance styled Ordinance No 18 of 1946 was promulgated. With this ordinance the supervision of hospitals was transferred to a new Hospital Department of the Cape Provincial Administration. According to the relevant sections of the ordinance “there shall be established within the Administration a Department to be styled the Hospital Department …” and “the Hospital Department shall, with the assistance of such Departments of the Administration as may be necessary, carry out all functions required in connection with or incidental to hospitals, including the establishment, maintenance and control of provincial hospitals …”

Although this ordinance was promulgated in 1946, the actual handing over of hospital administration to and the succession of the Hospital Department of the Cape Hospital Board, had been delayed to the end of 1949 so that the actual taking over only took place on 1 January 1950. As from this date the Cape Hospital Board had been suspended and the function of control of hospitals had been handed over to the Hospital Department of the Cape Provincial Administration.

The Archives:

The Archives of the Cape Hospital Board consist of minute books of the Board, minute books of the various standing committees, minute books of the committees of management of the various institutions, correspondence files, financial papers and press cuttings.

The Divisional Council of the Cape was established on 9 July 1855 in terms of Act No 5 of 1855. In terms of Act No 33 of 1909 it was renamed the Rural Council of the Cape Division. In terms of Ordinance No 13 of 1917 it resumed the name of Divisional Council of the Cape.

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 (Official Gazette of the Province of the Cape of Good Hope, No 4460, 9 January 1987, Provincial Notice No 4 of 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 (4/WCR, Minutes of the Council, Chairman’s welcoming address, 25 June 1987).

The registration of land at the Cape originated in 1657 when grants of land were given to the first colonists along the Liesbeek River at Rondebosch. In 1686 it was found that many colonists possessed erven in property or on loan and could not produce sufficient certificates of their rights. On 1 July 1686 the Council of Policy resolved that deeds and leases were to be registered with the Secretary of the Council.

From the earliest years transfers and mortgages of immovable property took place before two Commissioners of the Council of Policy and the Secretary to the Council. Between the years 1716 and 1718, the Commissioners of the Council of Policy were replaced by Commissioners of the Court of Justice.

During the years 1806 – 1827 the registration of deeds was attached to the office of the Colonial Secretary. By Ordinance 39 of 1828 the method of certifying, enregistering and subscribing deeds before two members of the Court of Justice in the presence of the Colonial Secretary was abolished. All transfers, bonds and deeds were now required to be registered before an official designated Registrar of Deeds.

Lieutenant-Colonel GJ Rogers, who held the position of Registrar of Slaves and later Protector of Slaves, was appointed the first Registrar of Deeds. The duties of these three distinct offices eventually became too heavy for one official to bear and subsequently the deeds registry was transferred in 1837 to the Treasurer, WH Harvey.

By 1839 the business of the Deeds Registry Office had increased to such an extent that the Governor, Sir George Napier, recommended to the Secretary of State on 29 March 1839 that a separate Deeds Registry Office be created and that JG Brink be placed in charge of the office. The measures for implementing the institution of a separate Deeds Registry Office were sanctioned by the Secretary of State on 29 October 1839.

In terms of Ordinance 14 of 1844 the practice of drawing or preparing deeds exclusively in the Deeds Registry Office was discontinued. Deeds could now be prepared either by qualified conveyancers or in the Deeds Registry Office.

The functions of the various registrars of deeds in the four provinces of South Africa were set out in section 3 of Act 47 of 1937.

The Archives:

In terms of the aforementioned Act, deeds registry offices fall into the category of offices of record. One of the functions of a registrar of deeds, as stipulated by said Act, is to take charge of and preserve all records created in the particular registry office of which he is head. The Archives Act No 6 of 1962, as amended, especially provides that archives which according to any other law are required to be kept in the custody of a particular person, need not be transferred to a public archives repository. The archives described in the accompanying inventory are, consequently, not a complete reflection of the archives of the Registrar of Deeds, Cape Town. It would appear that archives having no further immediate use for, or which are duplicated in the Deeds Registry Office, Cape Town, were transferred to the Cape Archives Depot (now the Cape Town Archives Repository).

The archives created by the Secretary of the Council of Policy and by the Colonial Secretary pertaining to the registration of deeds, prior to the establishment of the office of the Registrar of Deeds, Cape Town in 1828, have been included with the latter official’s archives because of practical reasons.

After the surrender of the Cape by the Batavian Government to the British forces in January 1806, the British military commander, Major-General Baird, took immediate but temporary measures for the civil administration of the Cape. Although the Council of Policy ceased to exist, the ordinary functions of several departments were continued along lines compatible with the principles of the British Government.

The Batavian Governor, JW Janssens, initially refuted the claim that the whole of the Cape Colony had been surrendered. With the signing of the articles of capitulation of 18 January 1806 the effect of the surrender of the whole colony was acknowledged.

A commission dated 30 July 1806, was granted to Du Pre Alexander, Earl of Caledon, to be Governor and Commander-in-Chief in the Cape of Good Hope and its territories and dependencies. According to his accompanying instructions the Governor was to be the supreme head of the government with all legislative and executive authority as well as civil and military power vested in him as the delegate of the sovereign power.

The Governor was to exercise the administration of justice according to the laws and institutions that existed in the settlement, subject to the regulations made during the first British Occupation and further directions he might receive. In emergencies he could deviate from instructions, provided he reported to the Secretary of State. The legislative power of the Governor enabled him to make laws by proclamation. These legislative acts, together with reasons for them, were to be transmitted to the British Government for approval.
The relative independence of the local administration was increased by the Governor’s patronage of the civil service and the salary budget. The Governor had, therefore, with the exception of departmental heads and the president of the High Court of Justice, complete control over all officials with regard to their appointment, dismissal and pay. The Governor’s powers were restricted by the fact that all appointments made by him were to be confirmed by the British Government before they became permanent.

In judicial matters the Governor and Lieutenant-Governor formed a court of appeal in civil cases exceeding £200, while for criminal appeals the appellate jurisdiction was vested in the Governor and assessors appointed by him.

Although the Governor possessed wide financial powers and was authorized to issue licences for schools and marriages, commissions to ships of war and to call up the militia, he had to report to and obtain approval for his decisions from the Secretary of State. The extent of the Governor’s military powers was ambiguous and was only clearly defined in 1811, whereby the powers of the Governor, a civil authority, to interfere in the command of the regular army were limited. These limitations were not subsequently enforced.

In the absence or incapacity of the Governor the Lieutenant-Governor or the commander of the forces would assume the administration of the Colony.

Under Cradock and Lord Charles Somerset no radical constitutional changes in the powers of the Cape Governor were instituted despite the fact that the Cape was formally ceded to Great Britain in 1814 and that Somerset administrated the Cape as a permanent British Colony from April 1814.

On 18 January 1823 two commissioners were appointed to enquire into the administration of the Cape of Good Hope. In 1825 an Advisory Council consisting of six nominated officials, including the Chief Justice, Colonial Secretary, Auditor-General and Receiver-General was appointed as a check on the wide powers of the Governor. The Council members were to advise the Governor and discuss subjects submitted by him, while being allowed to minute subjects they themselves would like to be considered. The Governor was not bound by the Council’s advice, but where he acted against their advice he was answerable to the Secretary of State. The Council was ineffective in curbing the Governor even after two colonists replaced the Colonial Secretary and Auditor-General on the Council in 1827.

In 1825 it was decided to divide the administration of the Cape in two divisions under separate governments with a lieutenant-governor as the head of the administration of the eastern division. The Governor retained military command over the whole colony, but was to conduct the civil administration of the western province only. The separation did not eventuate and in 1827 provision was made for a commissioner-general to superintend the affairs in the eastern districts subject to the authority of the Governor. This appointment ceased in 1834.

The Charter of Justice of 1827 deprived the Governor of his appellate jurisdiction, and the appointment and dismissal of judges was placed outside his control, bringing about a separation of the judicial and the executive powers. In 1834 the executive and legislative powers were separated by the establishment of an executive council, consisting of specified office holders and a legislative council, consisting of five officials and from five to seven unofficial nominees. The Governor acted as chairman ex officio for both councils. The Governor was to consult the Executive Council on all executive matters except those of great urgency and to provide a full explanation to the Secretary of State when acting contrary to the Council’s recommendations. The appointment or dismissal of superior officials was subject to the Council’s advice or to confirmation by the Crown. The Governor summoned and prorogued the Legislative Council, nominated the unofficial members, and presided over their meetings. The Governor was to recommend ordinances regarding appropriation, supply and the good government of the Colony. He had a casting vote, but had to furnish the Secretary of State with reasons for opposing council decisions. The Governor was restricted in proposing certain ordinances concerning the constitution, religion, revenue, securities, divorce, etc. All ordinances were subject to the approval of the British Government.

The Governor further had the power with the approval of the Secretary of State, to remit sentences, appoint officials and, with the approval of the Executive Council, dismiss officials.

The clamour for separation in the eastern districts culminated in the appointment of Captain Stockenström as Lieutenant-Governor of the Eastern Province in February 1836. The uncertainty as to the extent of the Lieutenant-Governor’s powers came to a head in 1847 when Lieutenant-Governor Young claimed independence from the Governor’s power. After his departure in November 1847, the position of lieutenant-governor was not filled and for the following eight years the functions of the office were continued by a secretary and clerk.

The vigorous agitation for representative government culminated in the Cape of Good Hope Constitution Ordinance of 1852. In the legislative sphere the Governor still possessed wide powers and money bills were initiated upon his recommendation. The Governor shared the right with members of both houses to introduce other measures and also possessed the right to return bills to either house with amendments, and to assent to, refuse or reserve the bill for the royal pleasure. Copies of all acts were to be transmitted to the office of the Colonial Secretary.

Although the Governor’s general powers were greatly restricted his executive influence remained extensive as all executive power was vested in him and an executive council consisting of office holders appointed to the position by him.

From 1855 the vacant Lieutenant-Governorship was filled. Apart from taking over the command of all military matters on the Eastern Frontier, the Lieutenant-Governor was also responsible in an administrative capacity for the Eastern Province.

Because the Lieutenant-Governor, as commander of the forces at the Cape, did not have his headquarters at the seat of government, a Military Secretary to the Governor was temporarily appointed at imperial expense. Every two years the Governor was to report fully on the duties of the Military Secretary and whether the office could not be abolished.
In 1872 responsible government was introduced, and the Governor’s executive powers curtailed. By virtue of the new instructions the Governor was empowered to appoint and suspend officers, to assent to laws, remit sentences and summon, prorogue and dissolve the legislative body, while restrictions as to certain types of legislation were imposed. While the Governor could appoint and remove members of the Executive Council, the actual control of all public departments was placed in the hands of those members with the confidence of the representative legislature.

Apart from the governmental functions performed by the Governor, various Governors were, in addition, appointed as High Commissioner to represent the imperial interests in Southern Africa. In 1889 the office of the Governor, who, according to the definition of 1883, was administrator on the advice of the Executive Council, was permanently combined with that of High Commissioner.

In 1900 the office of Governor was once again separated from that of High Commissioner. The latter was domiciled in the Transvaal and in 1905 his position was incorporated with that of the Governor of the Transvaal and Orange River Colony.

The Governor of the Cape, who on several occasions was also appointed Governor of other territories, such as Griqualand West in 1871 and British Bechuanaland in 1885, remained the titular head of the government up to 1910.

On the commencement of the Batavian Republic’s administration of the Cape in 1803 the office of Fiscal was abolished and an Attorney-General, G Beelaerts van Blokland, appointed. After the second British occupation of the Cape in 1806 the office of Fiscal was re-introduced. In 1928 the Charter of Justice resulted in a revamping of the whole judicial system and the establishment of the permanent post of Attorney-General.

The Attorney-General was the state’s public prosecutor in all criminal cases. Subordinate to the Department of the Colonial Secretary, he acted as the lawyer of the state and legal adviser to the various government departments and offices.

As the work of the Attorney-General increased, he was granted greater independence in the execution of his duties. In 1873 the clerks of the various courts in the Colony, the Master of the Supreme Court, the Registrar of Deeds and all magistrates were permitted to correspond directly with the Attorney-General in connection with judicial matters. Only in cases concerning the obtaining of legal advice, certain departments were still required to approach the Attorney-General through the offices of the Colonial Secretary.

In 1878 the ministerial division of the Law Department, under the Attorney-General as ministerial head, was created. The departments of the Attorney-General of the Eastern Province, the Supreme Court, the Eastern Province Supreme Court, the Circuit Courts and the Registrar fell within the ministerial division. Later the offices of the Registrar of Deeds (1887), prisons (1889), convict stations and the Porter Reformatory (which was re-allocated to the ministerial control of the Colonial Secretary in 1894), district courts and police, excluding the police of Cape Town’s district no 1 (1894), police of Cape Town’s district no 1 (1896) and the administration of mines (1907) were placed under the Attorney-General’s ministerial control.

While retaining his judicial functions and powers the Attorney-General’s duties increased in time and his powers were extended accordingly: in 1894 he was empowered to sign the appointments of field-cornets and in 1900 to confer with the judges of the appeal court in connection with regulations in terms of the Water Act of 1899. He was also responsible for the proper administration of the offices and institutions which were placed under his control from time to time.

At Union in 1910 the department as such was abolished and placed under the control of the Union’s Department of Justice. From an initial staff of two members with administrative expenses of ₤1650 in 1828 the department of the Attorney-General had grown to one of the largest of the Cape Colony in 1910 with a staff of over six hundred with expenses of ₤635 980 for the financial year 1908 – 1909.

The archives of the Attorney-General comprises three sections:
A. The archives of the Fiscal
B. The archives of the Attorney-General
C. The archives of diverse bodies, eg military courts, Treason Commission and Martial Law Council.