Western Cape High Court judge instructed to vacate state residence over housing benefit issue
Public Works Minister Dean Macpherson says a Western Cape High Court judge has been instructed to vacate a state-owned Cape Town residence by April 15 after authorities confirmed the judge no longer qualifies for the housing benefit.
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Public Works and Infrastructure Minister Dean Macpherson has confirmed that a notice has been issued instructing a Western Cape High Court judge to vacate a state-owned residence in Cape Town after authorities determined that the judge no longer qualifies for the housing benefit.
The Department of Public Works and Infrastructure (DPWI) issued the notice after receiving confirmation from the Department of Justice and Constitutional Development that the occupant does not qualify to continue using the state property.
According to the department, the judge has been instructed to vacate the residence by April 15 and restore the property to its original condition so that it can be reallocated in line with government policies governing state housing for members of the judiciary.
Macpherson said the department has a responsibility to ensure public assets are managed properly and used in accordance with the law.
“The Department of Public Works and Infrastructure has a duty to safeguard public property and ensure that it is used strictly in line with the applicable legal and policy frameworks,” Macpherson said in a statement issued on March 8.
“Once the department received confirmation from the Department of Justice and Constitutional Development that the occupant no longer qualifies for the benefit, it became necessary to issue the notice to vacate.”
He added that the department would continue taking action, including legal steps where necessary, if state property is occupied or used outside the applicable rules.
“Public assets exist to serve the people of South Africa and cannot be treated as private benefits,” Macpherson said.
The matter has drawn political attention after the Democratic Alliance lodged a complaint earlier this year with the Judicial Conduct Committee concerning Western Cape High Court judge Daniel Thulare.
The party said the complaint relates to the judge’s alleged continued occupation of a state-owned residence after his entitlement to the housing benefit had ended.
According to the DA, Thulare occupied the house while serving as Chief Magistrate of Cape Town, a position that included the use of a state residence as part of the remuneration package.
The party said the lease agreement for the four-bedroom property expired in 2018 and was not renewed. Thulare was later appointed as a judge of the Western Cape High Court in January 2022, a position which the party said does not include the same housing benefit.
The DA said it had lodged the complaint to ensure the matter is investigated in terms of the Constitution, the Judicial Service Commission Act and the Code of Judicial Conduct.
The Department of Public Works and Infrastructure said the residence must be vacated within the stipulated period so it can be reassigned in accordance with the policies governing the allocation of state housing.
Attempts to obtain comment from Thulare were unsuccessful at the time of publication.
Media enquiries were sent to the Office of the Chief Justice of the Western Cape.