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 constitutionally obligated to assess whether EFF leader Julius Malema remains ‘fit and proper’ to serve on the Judicial Service Commission (JSC).

The foundation is challenging the decision of National Assembly Speaker Thoko Didiza, who previously argued that there is no constitutional provision empowering her to initiate a process to recall or replace a member of the JSC.

The NA, in law, is required to designate members who are ‘fit and proper’ to the JSC, and it is obliged to replace members on the JSC if they objectively cease to be fit and proper.

The legal challenge stems from concerns over Malema’s repeated public attacks on judicial officers, including his recent criticism of Magistrate Twanet Olivier, which the HSF argues undermines the independence and effectiveness of the judiciary.

While the Speaker maintains that the constitution and parliamentary rules do not vest her with the power to remove a designee on demand, the HSF contends that Parliament has a broader constitutional duty to ensure that those serving on the body responsible for interviewing and recommending judges maintain the necessary standards of conduct.