Magistrate, Colesberg

• 1/CBG

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)

• English

• Latin