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

The Helen Suzman Foundation has argued in court that Parliament is under an obligation to remove EFF leader Julius Malema from the Judicial Service Commission (JSC) if he is found not to be ‘fit and proper’ to serve on the body.

The litigation brings into sharp focus the powers of Parliament to review the membership of politicians serving on the JSC, particularly in light of Malema’s repeated public criticism of the judiciary.

The foundation argues that Parliament must determine whether Malema remains ‘fit and proper’ to serve on the JSC, based on his public criticism of judges and judicial decisions, which it claims undermines judicial independence.

National Assembly Speaker Thoko Didiza has previously opposed the challenge, contending that the constitution and current parliamentary rules do not vest her with the power to initiate the recall or replacement of a National Assembly designee to the JSC on demand by an outside body.