Western Cape High Court judge defends staying in state house costing R900 rent after eviction notice

Western Cape High Court Judge Daniel Thulare. Picture: Gallo Images / Brenton Geach 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. Judge Daniel Thulare has lived in the state-owned house in Kuils River as part of his benefits while he was the chief magistrate of Cape Town division.

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. 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. 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.