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

The Western Cape High Court heard arguments on Monday regarding whether Parliament has a constitutional obligation to assess the fitness of EFF leader Julius Malema to serve on the Judicial Service Commission (JSC). The Helen Suzman Foundation (HSF) is seeking to compel the National Assembly to review Malema’s suitability, arguing that his conduct and public statements regarding the judiciary raise serious questions about his ability to uphold the integrity of the commission.

The designation of a person to the JSC is not merely a political appointment but a constitutional duty that requires the individual to be fit and proper to serve in a body tasked with the appointment of judges,

counsel for the HSF argued during the proceedings. The foundation contends that the Speaker of the National Assembly, Thoko Didiza, erred in her decision not to initiate an inquiry into Malema’s position, asserting that the legislature cannot ignore its oversight responsibilities when the credibility of the judiciary is at stake.

In response, legal representatives for Malema and the EFF maintained that the application is a politically motivated attempt to interfere with the parliamentary process. They argued that the criteria for serving on the JSC are defined by political representation and that the court should not overstep its bounds by dictating how political parties choose their representatives to the commission.

The case draws parallels to the recent legal battle surrounding the designation of John Hlophe to the JSC, where the court ruled that the integrity of the commission must be protected by ensuring its members meet the necessary standards of fitness. The court has reserved judgment on the matter, with a decision expected in the coming weeks.