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

The Helen Suzman Foundation (HSF) is currently engaged in a legal battle to compel the National Assembly to assess whether EFF leader Julius Malema remains a ‘fit and proper’ person to serve on the Judicial Service Commission (JSC). The foundation argues that Parliament has a constitutional obligation to review his suitability, particularly in light of his history of public attacks on members of the judiciary.

The foundation contends 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 legal challenge follows a series of incidents where Malema publicly criticized magistrates and judges, which the HSF claims transcends legitimate political discourse and threatens the independence of the judicial arm of government. While National Assembly Speaker Thoko Didiza has previously argued that she lacks the specific power to initiate a recall of a member from the JSC, the court is now tasked with determining if Parliament’s oversight responsibilities extend to ensuring the fitness of its designees.

The court has scheduled November 11 to hear the arguments in this high-stakes case, which could potentially end Malema’s 12-year tenure on the commission responsible for interviewing and recommending judges for appointment.