Parliament obligated to remove Malema from JSC if not fit and proper, court told

The legal battle over Economic Freedom Fighters (EFF) leader Julius Malema’s continued membership of the Judicial Service Commission (JSC) intensified this week as advocates argued that Parliament holds a constitutional obligation to remove him if he is found not to be a ‘fit and proper’ person.

The constitutional integrity of the Judicial Service Commission relies on the character and conduct of its members, and Parliament cannot ignore its oversight responsibilities when a member’s fitness is brought into question by serious criminal convictions.

The proceedings follow a series of legal challenges regarding whether a criminal record, particularly one involving the discharge of a firearm in public, disqualifies a member from participating in the body responsible for appointing judges. Counsel for the applicants emphasized that the ‘fit and proper’ standard is not merely a suggestion but a foundational requirement for maintaining public trust in the judiciary.

Parliamentary representatives, however, maintained that the legislative body has followed its internal processes and that the removal of a member must strictly adhere to the established legal framework governing the JSC. The court has reserved judgment on whether it will compel Parliament to conduct a formal fitness inquiry into Malema’s position.