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

The Helen Suzman Foundation (HSF) has argued in court that Parliament is under a constitutional obligation to remove EFF leader Julius Malema from the Judicial Service Commission (JSC) if he is found not to be a ‘fit and proper’ person to serve on the body.

The full bench in that case overturned Hlophe’s designation to the JSC, having found designating a person who is not fit and proper to serve on the JSC undermines the constitutional imperative set out in section 165(4) of the constitution and compromises the integrity and credibility of the JSC.

The foundation’s legal challenge seeks to force the National Assembly to reconsider Malema’s suitability for the position, citing his history of public attacks on the judiciary. The case draws parallels to the recent removal of John Hlophe from the JSC, where the court determined that the integrity of the commission must be protected by ensuring its members meet appropriate standards of conduct.

National Assembly Speaker Thoko Didiza has opposed the application, arguing that the constitution and parliamentary rules do not grant her the authority to unilaterally initiate the recall of a member designated to the JSC by the assembly. The court is scheduled to hear the matter on November 11.