contents

Inventories of the Orphan Chamber
of the Cape of Good Hope


Structure of the Orphan Chamber

The Board of the Orphan Masters was established at the Cape circa 1673. The Orphan Chamber (Weeskamer) functioned as one of the sections that was introduced into the administrative system used at the Cape and had to report to the Council of Policy regarding the execution of its responsibilities.

In 1674 it was noted in the Government Journal that monies of the Cape Orphans were being administered by the Diaconate or Poor Fund, and a proposal put forward to separate such monies and place them with the Orphan Chamber (Journal, 9.10.1674).

A few months later the Journal recorded that ‘the Board of Orphan Masters, already created last year, shall be increased by a Company’s servant, so that it will consist of five members, besides a burger to be appointed as Secretary’ (Journal, 9.10.1674. The establishment of this Chamber was approved by a letter dated 28.9.1675, from the Seventeen to the Cape). Two of the members were chosen  from the members of the Court of Justice and two from the Burgher Councillors.

The Board then consisted of a President, a Vice-President drawn from the Company and burgers respectively, two Company members and two burger members. A nomination of names was sent in every two years for Government to select from.

The Orphan Chamber that also had an office in each district, supervised and managed the properties of orphans and the inheritance of unknown persons. The Orphan Master (Weesmeester or Weesheer) was a council member of this institution.

The Orphan Chamber consisted of a Secretary (a bookkeeper who seems to have been appointed for an extended period), the Secunde (the Governor’s second-in-command, often responsible for financial matters), three other Company officials, and three burghers.

Because of the expansion of the Cape Colony local government had to be instituted. The free burghers also took part in the activities of the Council of Policy, the Orphan Chamber, the Matrimonial Court and the College of Minor Cases.

The Board of the Landdrost and (members of) the Heemraad governed the country districts. The Board served as a court with jurisdiction on civil as well as criminal cases, and also had municipal and related governing functions, and could impose taxes. It even had certain military powers and played a role in the safekeeping and defence of the relevant districts. The members of this Board, namely the Landdrost assisted by members of the Heemraad, were recommended by the Council of Policy and nominated by the Governor. The following posts  were involved in local government:

  • The landdrost (S.A. Eng. landdrost) was an official of the VOC who represented the authority (as in the Netherlands). He acted as chairman of the above-mentioned College. The drostdy was the jurisdiction of a landdrost. In South Africa in particular it also referred to the seat of a dros (the official).
  • The heemraad (S.A. Eng. heemraad) was a free burgher who was appointed as a member of the above-mentioned College.
  • The veldkornet (Eng. field-cornet) was an official in the local government and was subordinate to the landdrost. He had functions of importance regarding military, administrative, judicial and police matters. In his field-cornetcy the field-cornet represented the landdrost. In times of peace the field-cornet was the head of the militia and was responsible for maintaining order in his area.

In 1795 the British seized power from the VOC and became the new rulers of the Cape of Good Hope Colony. They stayed in power until 1803. In the early years of the British period the Orphan Chamber consisted of a President, a Vice-President, four members, and a number of clerks.

The Batavian Republic ruled the Cape from 1803 until 1806. The office of President and Vice-President was made permanent in the days of the Batavian Government.

The second British occupation followed the defeat of the Republican force at the Battle of Blaauwberg on 6 January 1806. The Orphan Chamber was replaced by the Master’s Office and continued under the jurisdiction of the High Court and until 1828 the Presidency was held by the President of the Court of Justice.

Ordinance No. 33 of 1827 abolished the Courts of Landdrost and Heemraden and created the offices of Resident Magistrates. With the expansion of the population more courts of law became necessary; therefore districts were opened up and Resident Magistrates and Civil Commissioners appointed.

After 1834, private companies such as the South African Association for the Administration and Settlement of Estates (which later became Syfrets) took over from the Orphan Chamber as executor of estates.

 

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