Judge Daniel Thulare has been staying in a government-owned house ‘illegally’ for years.
Public Works and Infrastructure Minister Dean Macpherson says a Western Cape High Court Judge has been served with a notice to move out of a state property he has been living in for several years by 15 April 2026.
The judge, Daniel Thulare, lived in the state-owned house in Kuils River as part of his benefits while he was the chief magistrate of Cape Town division.
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He has now been appointed as a judge on the Western Cape High Court bench and has been serving there since 2022.
According to media reports, the value of rentals in the area where Thulare stays ranges from between R20 000 to R30 000, but the judge only pays R900 for the property.
Western Cape High Court judge served with eviction notice
In a statement on Sunday, Macpherson said the notice instructs that the property be vacated within the stipulated period and restored to its original condition so that the department can reallocate it in accordance with the policies governing the use of state residences for members of the judiciary.
The minister further said he wanted to ensure that public assets are managed properly and used for the public good.
“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.
“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,” Macpherson said.
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He added that public works department will take the necessary action, including legal action, where public property is unlawfully occupied or used outside the applicable rules.
“Public assets exist to serve the people of South Africa and cannot be treated as private benefits.
“As we work to restore proper management across the state’s property portfolio, the department will continue to act wherever necessary to prevent the misuse or unlawful occupation of state property.”
Judge reacts
Speaking to the Sunday Times, Thulare said he did not know about public work department’s plan to evict him out of the state house he is staying in.
He also defended his occupation of the house.
Thulare claimed that judges in the North West are allowed to stay in state houses.
He contended that if the Western Cape is part of South Africa the same should apply there as well.
“It is 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,” Thulare told the publication.
The DA has also reported Thulare to the Judicial Conduct Committee (JCC).
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