Minister Kubayi Challenged to Come Clean on Judges Illegally Occupying State Property

Statement by Nicholas Gotsell MP – DA NCOP Member on Security & Justice:

The Democratic Alliance (DA) welcomes the action taken by Public Works and Infrastructure Minister, the DA’s Dean Macpherson, to initiate the eviction process against a judge unlawfully occupying a State-owned residence.

Public assets cannot be treated as private benefits and Minister Macpherson is correct to act to protect State property and to ensure they are used strictly in accordance with the law.

However, the judge concerned, Judge Daniel Thulare, appointed to the Western Cape High Court, has now claimed publicly in trying to defend himself in this illegal property occupation matter, that judges in the North West Province are permitted to continue occupying State houses as a “historical benefit”.

Judge Thulare has opened a serious can of worms.

This claim demands an urgent explanation from the Minister of Justice, Mmamoloko Kubayi. The DA challenges Minister Kubayi to come clean on this question and declare publicly what she knows about Judges in her Department of Justice, occupying state property without paying market-related rentals.

Either the statement made by Judge Thulare is incorrect, in which case the Minister must say so clearly; or the Department of Justice is allowing judges who do not qualify for State housing to continue occupying public property in violation of the rules.

The DA has therefore submitted parliamentary questions requiring the Minister to confirm whether any judges in South Africa, other than the Chief Justice, Deputy Chief Justice and President of the Supreme Court of Appeal, currently occupy State houses and on what legal basis they do so.

Judges are entrusted with enforcing contracts, ordering evictions and upholding the law. They cannot at the same time benefit from arrangements that fall outside the legal framework governing State resources. It is for this reason that the DA submitted a complaint against Judge Thulare to the Judicial Services Commission.

If Judge Thulare’s claim is false, the Minister must correct the record.

If it is true, the Minister must explain why it has been allowed to continue.