Western Cape High Court judge Daniel Thulare has until April 15 to vacate a state property in Cape Town he has been unlawfully occupying for years at a fraction of the market rental.
The department of public works & infrastructure instructed Thulare on Friday to vacate the premises, pay relevant municipal accounts and restore the property to its original condition.
“Failure to vacate will result in the department initiating legal eviction proceedings in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, including recovery of any arrear rental or municipal charges owed to the state,” reads a notice to vacate seen by the Sunday Times.
The notice, signed by Dumisani Gqibela, regional manager for the department, said Thulare’s eligibility for the state-property lease ended at the same time as his tenure as chief magistrate of Cape Town did in December 2021. He was appointed to the Western Cape bench in January 2022.
Gqibela noted that the department of justice & constitutional development had previously issued Thulare with a notice to vacate. “Despite this, the property continues to be unlawfully occupied.”
He instructed Thulare to ensure that all municipal accounts are fully paid, that the property is in its original condition — fair wear and tear excepted — and that department inspectors can gain access when reasonably required.
His salary, benefits and designation changed. He should have vacated the property on December 31 2021, but chose not to
— Nicholas Gotsell
Sunday Times reported last month that Thulare was facing a potential judicial misconduct inquiry due to his occupation of the property in Kuils River.
The DA lodged a formal complaint with the Judicial Conduct Committee against Thulare, alleging that his continued stay in the house amounts to unlawful occupation and a breach of the code of judicial conduct.
Civil society watchdog Judges Matter, which monitors transparency and accountability in the judiciary, said if the judge was aware he was no longer entitled to the benefit, his prolonged occupation could constitute judicial misconduct.
According to the DA’s Nicholas Gotsell, who serves on the select committee for security & justice in the National Council of Provinces, Thulare’s lease on the state property expired in 2018 and was never renewed.
“As chief magistrate of Cape Town, part of his remuneration package included the use of a state house leased from the department of justice for R900 per month. When the lease expired in 2018, it was never renewed,” said Gotsell.
Gotsell said the law provided for only the chief justice, deputy chief justice and president of the Supreme Court of Appeal to receive state housing benefits.
“At the time of his appointment as a judge, his salary, benefits and designation changed. He should have vacated the property on December 31 2021, but chose not to,” Gotsell said.
He added that there was no valid lease agreement in place when Thulare became a judge, yet he continued to occupy the house, paying R900 a month in an area where market rentals range between R20,000 and R30,000.
Thulare told the Sunday Times yesterday he had not seen the notice to vacate. “I am hearing about the notice to vacate from you for the first time. I don’t know anything,” he said.
But he argued that judges in North West were allowed to stay in state houses, so the same should apply in the Western Cape — if it was still part of South Africa.
“Unless you are saying the constitution is a choreographed illusion, and you still have the republic of Bophuthatswana in existence and an intended federal republic of the Western Cape,” Thulare said.
“Judges in North West have enjoyed the benefits of a state house. It’s a historical benefit. On that basis, there is no controversy. If the Western Cape is a federal state, then it makes sense why a judge in the North West can enjoy a state benefit which is not available to a judge in the Western Cape.”
But as things stood in terms of the constitution, a judge in the Western Cape should be on the same footing as one in the North West, he said.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.