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

The Helen Suzman Foundation is asking the Western Cape High Court to compel the National Assembly to review whether Julius Malema is fit and proper to serve on the Judicial Service Commission (JSC).

The foundation argues that it would be absurd to suggest the National Assembly cannot initiate a process to review the EFF leader’s suitability as a member of the JSC, which is responsible for interviewing and recommending judges for appointment.

The legal challenge stems from Malema’s history of public attacks on the judiciary, including his recent criticism of Magistrate Twanet Olivier, whom he labeled an ‘incompetent white judge’ following his conviction for the unlawful discharge of a firearm.

The foundation argues that Parliament must determine whether Malema remains ‘fit and proper’ to serve on the JSC, based on his public criticism of the judiciary.

The court has set November 11 to hear the case, which brings into focus the extent of Parliament’s powers to review the suitability of politicians serving on the JSC.