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

The Helen Suzman Foundation (HSF) has argued in court that Parliament holds a constitutional obligation to assess whether EFF leader Julius Malema remains a fit and proper person to serve on the Judicial Service Commission (JSC).

The foundation contends that the National Assembly cannot ignore the implications of Malema’s recent criminal conviction and must exercise its oversight duty to ensure the integrity of the commission is maintained.

The legal challenge follows Malema’s sentencing to a five-year prison term for the unlawful possession of a firearm and ammunition, a development that the HSF claims fundamentally undermines his suitability for a role that involves the appointment of judges.

Parliament, however, has maintained through Speaker Thoko Didiza that there is no specific constitutional provision or rule that empowers the National Assembly to initiate the removal of a designee based on an external assessment of their fitness.

The court is now tasked with determining whether the constitutional mandate for the JSC requires that its members meet an ongoing standard of fitness and whether Parliament is legally compelled to enforce that standard.