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

The foundation, which advocates for the protection of the rule of law, 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.

In opposing the application, Didiza argues the constitution and parliament rules have no provision empowering her to initiate a process for Malema’s possible recall from the JSC.

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.

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.