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

Parliament is under a legal 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, a court was told on Monday.

The litigation, which has brought into sharp focus the powers of parliament to review the membership of politicians on the JSC, centers on whether Malema’s conduct and public statements regarding the judiciary disqualify him from participating in the appointment of judges.

The foundation argues that Parliament must determine whether Malema remains ‘fit and proper’ to serve on the JSC, based on his public criticism of the judiciary.

The case highlights the ongoing tension between political oversight and judicial independence, as the court considers whether the legislative branch has the authority—and the duty—to intervene when a member’s conduct is deemed to undermine the integrity of the commission.

Malema, who has served on the JSC for over a decade, is currently fighting to retain his position as the legal challenge proceeds toward a hearing scheduled for November.