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

The Helen Suzman Foundation (HSF) has approached the Western Cape High Court seeking an order compelling Parliament to consider whether Julius Malema remains fit to serve on South Africa’s Judicial Service Commission (JSC).

In court papers filed on Thursday, HSF asked the court to review and set aside National Assembly Speaker Thoko Didiza’s April 30 decision not to consider Malema’s suitability, arguing that Parliament has a constitutional duty to assess whether he should continue serving on the body responsible for interviewing and recommending judges for appointment.

The foundation said it was not asking the court to directly remove Malema from the JSC, but rather to compel Parliament to fulfil its constitutional obligations.

The application does not ask the Court to decide Mr Malema’s suitability; it asks the Court to require the National Assembly to fulfil its constitutional duty to consider that question.

HSF argued that such remarks formed part of a broader pattern of attacks on judicial officers. The foundation also pointed to previous criticism of Malema’s conduct by organisations.