The Western Cape High Court, presided over by Judge Daniel Thulare, has dismissed an appeal by Cape Town Mayor Geordin Hill-Lewis to challenge a decision involving a minor’s inheritance.
The Cape Argus reports that the child, orphaned after his mother’s murder, had no family to turn to. The court mandated Mayor Hill-Lewis to establish a trust for the child and facilitate the transfer of ownership of the RDP house where the child lived with his late mother.
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The judgement also contained orders concerning the curator, the Eastern Cape Premier and the National Department of Social Development’s Director-General, all of whom complied with the court’s directives.
Judge Thulare criticised Hill-Lewis for his technical approach to the case, highlighting a disregard for the child’s wellbeing in the face of parental misfortunes.
‘His attitude is that the risk of children who are victims of crime losing the benefit of a home, while those not entitled to the houses owned by the children’s deceased and/or imprisoned parents enjoy them, is none of his business and the courts must leave him alone,’ he said.
Responding to the Cape Argus’ request for comment, Hill-Lewis’s office said:
‘The City notes the decision to dismiss the leave to appeal by Judge Thulare. There appears to be little rationale or legal basis for the dismissal, and the City is now taking legal advice on directly petitioning the SCA for leave to appeal.’
The mayor’s office released the following statement in regard to its petitioning the SCA:
‘The ruling has cited the incorrect organ of state to take care of the minor child’s interests. The correct organs include inter alia, the master’s office, the family advocate, and the appointed curator, as specifically mandated by law.
The mayor has no legal mandate to spend public funds in the way the order envisions. Correcting this ruling is important for upholding the rights not only of this minor but of all children, to ensure the correct and legally mandated organs of the state are cited to look after their interests.
It must also be noted that neither the city nor the mayor were parties to the proceedings or given an opportunity to make these simple points into law before the ruling was made.
In the circumstances, there appears to be no rational or legal basis for Judge Thulare to have denied leave to appeal. The city will be petitioning the SCA directly for leave to appeal.’
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The National Coloured Congress criticised the mayor’s actions as prioritising personal interests over the vulnerable, questioning his ethical compass.
‘This incident raises concerns about the leadership of Mayor Hill-Lewis, making him possibly the most uncaring, least empathetic and most arrogant mayor in post-apartheid South Africa,’ the party said.
Ilitha Labantu, an anti-gender-based violence organisation, expressed distress over the mayor’s decision, emphasising the state’s failure to protect the child.
Molo Songololo, a child protection NPO, praised Judge Thulare’s verdict, urging Mayor Hill-Lewis to prioritise child rights and explore all possible measures to safeguard the child’s interests and rights.
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