Public Works issues eviction notice to Judge Thulare over unauthorised housing

Western Cape High Court Judge Daniel Thulare has been ordered to vacate a state-owned house in Cape Town by the 15th of April next year.

The Department of Public Works and Infrastructure says Thulare has been unlawfully occupying the four-bedroom property for several years, while paying a highly subsidised rental of just R900 a month.

Thulare was allowed to live in the home during his previous role as Chief Magistrate of Cape Town, but his lease expired in October 2018 and was never renewed.

When Western Cape High Court Judge Daniel Thulare was appointed to the High Court bench on the 1st of January 2022, his eligibility for state housing automatically fell away, as judges do not qualify for that benefit.

Thulare has since challenged the order, arguing that a judge’s benefits cannot be reduced and questioning why the department has acted now.

The Democratic Alliance (DA) has welcomed the notice to vacate, after initially lodging a formal complaint against Thulare with the Judicial Conduct Committee.

DA NCOP member on security and justice, Nicholas Gotsell, stated:

"The DA welcomes Minister Macpherson's action to evict Judge Daniel Thulare of the Western Cape High Court for unlawfully occupying a state house. Judge Thulare has occupied the house for the past four years since he became a judge, a benefit that he is not entitled to."

Public Works says it will move to formally evict Thulare if he does not vacate the property by the April deadline.