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

EFF leader Julius Malema is in litigation to keep his Judicial Service Commission (JSC) post, with the court set to hear the case on November 11. The legal challenge, brought by the Helen Suzman Foundation, argues that Parliament has a constitutional obligation to assess whether Malema remains fit to serve on the commission.

The foundation contends that Parliament must consider whether Malema, who has frequently attacked judges following court losses, meets the ‘fit and proper’ standard required for the role. This argument draws from a high court judgment in the case of MK Party MP John Hlophe, where the court overturned his designation to the JSC after finding that appointing an individual who is not fit and proper undermines the constitutional integrity of the commission.

In response, National Assembly Speaker Thoko Didiza has argued in court papers that the constitution and parliamentary rules do not grant her the power to initiate the removal of a member from the JSC based on demands from outside bodies. Meanwhile, the EFF has slammed the challenge, with spokesperson Sinawo Thambo describing it as a ‘dangerous and dishonest attempt to redefine democratic criticism as constitutional misconduct’ that seeks to impose a culture of silence.

The foundation wants Parliament to consider whether Malema, who has verbally attacked judges for years after losses in court, is ‘fit and proper’.

Malema, who was sentenced to five years in prison in April 2026 for the unlawful possession of a firearm and ammunition, remains in his parliamentary seat pending an appeal. The court’s upcoming decision will determine whether his continued presence on the JSC is constitutionally tenable.