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

The Helen Suzman Foundation, which advocates for the protection of the rule of law, wants parliament to consider whether EFF leader Julius Malema, who has verbally attacked judges for years after losses in court, is “fit and proper” to be a member of the Judicial Service Commission (JSC), which interviews and recommends judges for appointment.

The organisation’s case is that Malema’s conduct throughout his years as a JSC member has been contrary to his responsibility of upholding the integrity of the judiciary.

Advocate Ismail Fakir, representing the foundation, argued that the National Assembly has a constitutional obligation to ensure that its designees to the JSC are fit and proper to serve.

Fakir said that in the challenge to MK party MP John Hlophe’s appointment to the JSC after he was impeached as a judge the court held that parliament must ensure that its designees are fit and proper to serve on the JSC.

The litigation brings into focus parliament’s powers to review politicians’ JSC membership, with National Assembly Speaker Thoko Didiza insisting that constitutional silence bars her from acting on the membership in the manner the foundation is requesting.