Western Cape Judge Unlawfully Benefits From State Housing

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

The Democratic Alliance has formally lodged a complaint with the Judicial Conduct Committee against Judge Daniel Thulare, a sitting Judge of the Western Cape High Court, following more than a year of sustained engagement with the Minister of Justice over his unlawful occupation of a State-owned residence.

This decision was not taken lightly.

The DA holds the judiciary in the highest esteem. Judges are entrusted with immense constitutional power and public confidence and for that very reason, they must be held to a higher standard of conduct than any other public office bearer.

Engagements confirm that Judge Thulare’s lease expired years ago, that judges are not entitled to State housing and that he was instructed by the Minister to vacate the property, including through a final notice issued in March 2025. Yet, despite these confirmations, the Minister has failed to confirm that Judge Thulare has vacated the property.

All indications are that he has refused to do so – even after being instructed to vacate the four-bedroom Cape Town house which he occupied by virtue of his previous judicial role. Prior to his elevation to the bench, Judge Thulare was the Chief Magistrate of Cape Town. As part of his remuneration package as Chief Magistrate, he enjoyed the benefit of a state house, which he leased from the Department of Justice for R900.00 per month. The lease expired in 2018 and was never renewed. When he was appointed as a Judge of the High Court on 1 January 2022, that benefit automatically ceased. Only the Chief Justice, the Deputy Chief Justice and the President of the Supreme Court of Appeal are entitled to state housing.

Judge Thulare’s conduct directly contradicts the Code of Judicial Conduct, which requires judges to act honourably, comply with the law and avoid impropriety and the appearance of impropriety.

Judge Thulare’s conduct strikes at the heart of what is expected of a judge. Judicial independence does not mean immunity from accountability. On the contrary, it demands the highest levels of ethical compliance.

Minister Kubayi’s prolonged reluctance to decisively resolve this matter has left no alternative but to invoke the constitutional process. The complaint has been lodged to ensure that this conduct is properly investigated and dealt with in terms of the Constitution, the Judicial Service Commission Act and the Code of Judicial Conduct.

No one is above the law, not even those entrusted to uphold it.