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

Litigation has brought into sharp focus the powers of parliament to review the membership of politicians serving on the Judicial Service Commission (JSC). The case, which centers on the conduct of EFF leader Julius Malema, argues that parliament is under an obligation to remove members from the commission if they are found to be not fit and proper.

The Helen Suzman Foundation (HSF) has initiated a legal challenge seeking a court order for the National Assembly to consider Malema’s suitability for his position on the JSC. The foundation contends that Malema’s repeated public attacks on and criticism of the judiciary transcend legitimate bounds and undermine the independence and effectiveness of the judicial arm of government.

In response, National Assembly Speaker Thoko Didiza has opposed the challenge, arguing in court papers that the constitution contains no provision empowering the speaker to initiate a process to recall a member of the JSC. The foundation is seeking to have Didiza’s decision from April 30, in which she declined to ensure that parliament considers the matter, declared invalid and set aside.

The legal showdown puts Malema’s JSC membership, which he has held for 12 years, at risk for the first time.

The court has set November 11 to hear the case, which will determine whether parliament has the authority and the duty to intervene when a designated member’s conduct is deemed incompatible with the requirements of the commission.