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

The Helen Suzman Foundation is currently engaged in a legal battle to compel the National Assembly to review the fitness of Economic Freedom Fighters (EFF) leader Julius Malema to serve on the Judicial Service Commission (JSC).

The foundation argues that Parliament is under an obligation to remove Malema from the commission if he is found not to be a “fit and proper” person, citing concerns over his conduct and repeated public attacks on the judiciary.

This legal challenge follows Malema’s conviction and sentencing earlier in 2026, where he received a five-year prison sentence for the unlawful possession of a firearm and ammunition, as well as discharging a firearm in a public space.

While National Assembly Speaker Thoko Didiza has opposed the application, arguing that the constitution does not grant her the power to initiate the recall of a designee to the JSC, the foundation maintains that the integrity of the commission is at stake.

The full bench in the case challenging John Hlophe’s appointment to the JSC found that designating a person who is not fit and proper to serve on the JSC undermines the constitutional imperative set out in section 165(4) of the constitution and compromises the integrity and credibility of the JSC.

The court has set November 11 to hear the case, which marks a significant challenge to Malema’s 12-year tenure on the commission.