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

The Helen Suzman Foundation is asking the Western Cape High Court to compel the National Assembly to review whether Julius Malema is fit and proper to serve on the Judicial Service Commission. The court will hear the case on November 11.

It would be ‘absurd’ to suggest the National Assembly cannot initiate a process to review Economic Freedom Fighter (EFF) leader Julius Malema’s suitability as a member of the Judicial Services Committee (JSC), the Helen Suzman Foundation is arguing in court papers. The foundation wants Parliament to consider whether Malema, who has verbally attacked judges for years after losses in court, is ‘fit and proper’ to be a member of the JSC, which interviews and recommends judges for appointment.

The application does not ask the Court to decide Mr Malema’s suitability; it asks the Court to require the National Assembly to fulfil its constitutional duty to consider that question.

The foundation argues that Parliament has a constitutional duty to assess whether he should continue serving on the body responsible for interviewing and recommending judges for appointment. The case also challenges the constitutionality of the Judicial Service Commission Act itself.