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

Parliament has a constitutional obligation to ensure that members it designates to the Judicial Service Commission (JSC) remain fit and proper, and it must remove EFF leader Julius Malema if he no longer meets that standard, the Western Cape High Court heard on Monday.

The Helen Suzman Foundation (HSF) is challenging the National Assembly’s stance that it lacks the power to initiate a process to recall Malema from the JSC. The foundation argues that the National Assembly has an ongoing duty to ensure its representatives on the commission uphold the integrity of the judiciary.

The constitution requires that the National Assembly must ensure that its designees to the JSC are fit and proper. This is not a one-time assessment at the point of appointment, but a continuous obligation. If a member is no longer fit, Parliament is constitutionally mandated to act.

The legal battle follows years of public criticism by Malema regarding the judiciary, which the HSF contends has crossed the line into misconduct and undermines the independence of the courts. The foundation asserts that Malema’s conduct, combined with his recent criminal conviction, renders him unsuitable for a role that involves interviewing and recommending judges for appointment.

National Assembly Speaker Thoko Didiza has previously argued in court papers that the current legal framework does not empower her to unilaterally initiate the recall of a member designated to the JSC. She maintains that the rules of the National Assembly do not provide a mechanism for such a removal based on the demands of an external body.

The HSF, however, insists that the court must interpret the constitution in a way that promotes accountability. They argue that allowing a member who has been found to be unfit to continue serving on the body responsible for appointing judges would severely damage public confidence in the judicial system.

The court has reserved judgment on the matter.