Public Works and Infrastructure Minister Dean Macpherson says public assets must serve the people.
Image: Henk Kruger / Independent Newspapers
A Western Cape High Court judge has been issued with a notice to vacate a state-owned residence in Cape Town after it was determined he no longer qualified for the benefit.
In a media statement Sunday, Public Works and Infrastructure Minister Dean Macpherson said the Department of Public Works and Infrastructure (DPWI) received confirmation from the Department of Justice and Constitutional Development that the judge’s entitlement to the property had lapsed.
As a result, the department instructed him to vacate the state home by April 15 and restore it to its original condition so it can be reallocated in line with policy.
“The Department of Public Works & Infrastructure has a duty to safeguard public property and ensure that it is used strictly in line with the applicable legal and policy frameworks,” Macpherson said. “Public assets exist to serve the people of South Africa and cannot be treated as private benefits.”
A Western Cape High Court judge has been ordered to leave a state-owned residence after losing eligibility.
Image: File
He added that where public property is unlawfully occupied or used outside the applicable rules, the department will take all necessary action — including legal action — to protect state assets and ensure compliance with the law.
Macpherson said the DPWI would continue to act “wherever necessary to prevent the misuse or unlawful occupation of state property,” stressing that restoring proper management across the state’s property portfolio remained a priority.
The latest notice follows a broader push by Public Works to address unlawful occupation of state property. In early March, Macpherson authorised legal proceedings against three former members of the uMkhonto we Sizwe (MK) Party who failed to vacate residences in the Parliamentary Village in Cape Town after being removed from Parliament in August 2024.
At the time, Macpherson described the occupation by the ex-MPs as a breach of the law and welcomed cooperation with law enforcement to effect their removal.
The MK Party later publicly backed the minister’s plan to pursue eviction proceedings, framing it as a matter of legality rather than politics.
The Cape Town judge now facing the vacate notice — reported by other outlets — has been living in the state property for several years at well below market rental, with department records indicating his eligibility ended when his previous position changed.
According to those reports, failure to leave by the deadline could see the department pursue eviction through the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, alongside recovery of any unpaid municipal charges.
The judge has reportedly questioned the notice, suggesting inconsistent application of housing benefits in other provinces — comments that have drawn public attention and highlighted debates about judicial benefits and accountability.
Cape Times