Magistrate, Upington (Gordonia)

• Magistrate, Gordonia

• 1/UPT

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)

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