Western Cape High Court Judge Daniel Thulare has been directed to vacate a state-owned four-bedroom house within one month and repay the difference between the rent he paid and the property's market-related rental value. The order, issued in a Judicial Conduct Committee process overseen by Justice Steven Majiedt, also requires Thulare to publish an apology in two national newspapers and calls on the Chief Justice to reprimand him.
The order reveals that Thulare had been served with two notices to vacate the state property located in Plantanus Street, Kuils River, and that the rent payable under the lease was R900 per month. The lease did not renew automatically. The property consists of a four-bedroom house owned by the national government, with the National Department of Public Works and Infrastructure as the custodian.
Thulare's defense was that the use of the state house was a fringe benefit available in the Department of Justice, which became a necessity and a security tool. He claimed that historically, judges enjoyed the benefit of state housing, and that the lease agreement contained no provision linking occupation of the property to his office. However, the court found his defenses to be bordering on the absurd and ludicrous.
The Democratic Alliance lodged a complaint with the Judicial Conduct Committee against Thulare in February, following more than a year of engagement with the Minister of Justice over his unlawful occupation of a state-owned residence. The party welcomed the damning ruling, stating that it vindicates their determination that nobody, regardless of their position, is above the law.
The order states that Thulare must apologise to the South African public through notices in two nationally circulating newspapers, to be published at his expense within one month of the date of the order. He is also ordered to pay the state the difference between the market rental value of the property and the rental he actually paid, from the date of his appointment as a judge in 2022 until the date that he vacates or has vacated the property, with interest.
The Chief Justice is requested to reprimand Thulare in terms of section 17(8)(b) of the Judicial Service Commission Act. The ruling found his conduct improper, creating an appearance of impropriety, and undermining public confidence in the judiciary. Thulare's registrar stated that the judge accepts the decision and will not challenge it.
The DA's Nicholas Gotsell stated that the ruling is a victory for South Africans, as Thulare has been ordered to vacate the property within one month, potentially sparing the Department of Public Works and Infrastructure and taxpayers further costly eviction proceedings. Thulare must also compensate the fiscus for the benefit he unlawfully enjoyed since 2022.
Key points
- Judge Daniel Thulare must vacate a state-owned home within a month.
- Thulare must repay the rental shortfall and apologize to the public.
- The ruling found Thulare's conduct to be improper and undermining public confidence in the judiciary.
