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

The Western Cape High Court has heard arguments regarding whether Parliament is legally compelled to remove Economic Freedom Fighters (EFF) leader Julius Malema from the Judicial Service Commission (JSC) if he is deemed not to be a fit and proper person to hold the position.

The legal challenge, brought forward by civil society organisations, contends that Malema’s continued presence on the commission undermines the integrity of the judiciary, particularly in light of his recent criminal conviction and ongoing ethical controversies.

The applicants argue that the National Assembly has a constitutional duty to ensure that its designees to the JSC maintain the highest standards of conduct, and that failing to act when a member is no longer fit and proper constitutes a dereliction of that duty.

Counsel for the applicants emphasized that the JSC plays a critical role in the appointment of judges and the administration of justice, necessitating that its members possess unimpeachable character. They argued that the court has the authority to direct Parliament to reconsider Malema’s appointment given the changed circumstances surrounding his fitness for office.

Conversely, representatives for Parliament have maintained that the process for removing a member from the JSC is governed by specific legislative frameworks and that the institution must adhere strictly to its internal rules and the principle of separation of powers.

The court has reserved judgment on the matter, which is expected to have significant implications for the composition of the JSC and the accountability of parliamentary appointees.