By Lehlohonolo Lehana.
Photo Credit: Oupa Nkosi.
The Department of Public Works & Infrastructure (DPWI) has issued a notice instructing a Western Cape High Court Judge Daniel Thulare to vacate a state-owned property.
The eviction follows a confirmation that he no longer qualifies for the benefit, as a result he has been given until April 15 to vacate the property.
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.
He has now been appointed as a judge on the Western Cape High Court bench and has been serving there since 2022.
In a statement on Sunday, DPWI minister Dean Macpherson said the notice instructs 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.
“Public assets exist to serve the people of South Africa and cannot be treated as private benefits.”
Thulare holds a B Juris (1996), an LLB (1998), and an LLM (2002) from the University of South Africa. He worked as a prosecutor and an attorney before being admitted as an advocate in 2002. He joined the magistracy in 1999 and served as a senior magistrate from 2005 until 2016 when he was appointed the Chief Magistrate in Cape Town.
Thulare has acted at the Gauteng Division of the High Court in 2014 and 2016, and in the Western Cape Division of the High Court in 2017 (one term), 2018 (the entire year) and 2019 (one term).