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

The Helen Suzman Foundation (HSF) is currently engaged in a high-stakes legal battle to determine the future of EFF leader Julius Malema’s position on the Judicial Service Commission (JSC). The foundation has approached the Western Cape High Court, arguing that Parliament has a constitutional obligation to assess whether Malema remains a ‘fit and proper’ person to serve on the body responsible for interviewing and recommending judges for appointment.

The legal challenge seeks to compel the National Assembly to review Malema’s suitability, following his repeated public criticism of the judiciary. The HSF contends that such conduct undermines the independence and effectiveness of the judicial arm of government. The foundation’s application specifically highlights Malema’s public attacks on Magistrate Twanet Olivier, whom he accused of racism and incompetence following proceedings in his firearm case.

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.

In response, National Assembly Speaker Thoko Didiza has opposed the application, arguing that the constitution and parliamentary rules do not vest her with the power or duty to initiate the recall or replacement of a National Assembly designee to the JSC on demand by an outside body. Malema himself has also filed an affidavit, asserting that the facts of his case are materially different from previous legal precedents, such as the matter involving MK Party MP John Hlophe.

The court has set November 11 to hear the case, which marks the first time Malema’s 12-year tenure on the JSC has been formally challenged in this manner.