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

Economic Freedom Fighters (EFF) leader Julius Malema is currently embroiled in litigation to retain his position on the Judicial Service Commission (JSC). The legal challenge, brought forward by the Helen Suzman Foundation, argues that Parliament has a constitutional obligation to assess whether Malema remains a ‘fit and proper’ person to serve on the commission.

The full bench in the case challenging MK Party MP John Hlophe’s appointment to the JSC found that 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 court has scheduled November 11 to hear arguments regarding whether Parliament is required to initiate a process to review Malema’s suitability for the role. This follows previous legal and ethical controversies, including a prison sentence for the unlawful possession of a firearm and ammunition, as well as findings by the Joint Committee on Ethics and Members’ Interests regarding his conduct during past JSC interviews.

National Assembly Speaker Thoko Didiza has previously argued in court filings that the constitution and parliamentary rules do not vest her with the specific power or duty to initiate the recall or replacement of a National Assembly designee to the JSC based on demands from outside bodies.