Registrar, Southern Appeal and Divorce Court

• KDC

On 27 January 1882 jurisdiction to hear and decide upon divorce cases were conferred on the Chief Magistrate of the Transkei. On 6 November 1894 appeal courts were instituted for the Transkei and East Griqualand. The first-mentioned court was to be held by the Chief Magistrate of the Transkei and two Assessors, and the last by the Chief Magistrate of East Griqualand and two assessors. In 1923 the proclamation instituting the appeal courts of the Transkei and Griqualand East was repealed and a Native Appeal Court for the Transkeian Territories, to be held by the Chief Magistrate of the Transkei and two assessors, was established. As from 1 February 1925 the Chief Magistrate of the Transkei also ceased to have jurisdiction to hear and determine divorce cases, except in those cases which commenced before that date and which could not be concluded.

Article 13 of the Native Administration Act, 1927 (Act No 38 of 1927) empowered the Governor-General of the Union of South Africa to constitute one or more appeal courts for hearing appeals in any proceedings from courts of Native Commissioners. Article 17(2) of the same act stipulated that if an appeal court was established for the Transkeian Territories, it would replace the Native Territories Appeal Court constituted in 1923.

In terms of article 10 of the Native Administration Amendment Act, 1929, the Governor-General received the power to established divorce courts for blacks. The area of jurisdiction of such courts was to coincide with that of an appeal court established under the principal act of 1927.

Since 1930 the newly constituted appeal and divorce court was known as the Native Appeal and Divorce Court for the Transkeian Territories. From 1937 the name was changed to the Native Appeal and Divorce Court for the Cape and Orange Free State. Since 1948 the court was known as the Southern Native Appeal and Divorce Court and then as the Southern Appeal and Divorce Court.

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