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

The Helen Suzman Foundation (HSF) is currently in a legal battle to compel the National Assembly to assess the suitability of EFF leader Julius Malema to serve on the Judicial Service Commission (JSC).

The foundation argues that Parliament has a constitutional obligation to ensure that its designees to the JSC are “fit and proper” individuals, contending that Malema’s repeated public attacks on the judiciary undermine the integrity of the commission.

The NA, in law, is required to designate members who are “fit and proper” to the JSC, and it is obliged to replace members on the JSC if they objectively cease to be fit and proper.

National Assembly Speaker Thoko Didiza has opposed the application, arguing in court papers that the law does not grant her the power to initiate a process to recall or replace a member of the JSC on demand by an outside body.

Malema has also challenged the application, asserting that his suitability remains intact and that the facts of his case are distinct from previous legal precedents involving other political figures.