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

Litigation has brought into focus the powers of Parliament to review the membership of politicians serving on the Judicial Service Commission (JSC), specifically regarding EFF leader Julius Malema.

The legal challenge, brought by the Helen Suzman Foundation, argues that Parliament is obligated to assess whether Malema remains a ‘fit and proper’ person to serve on the commission, which is responsible for interviewing and recommending judges for appointment.

The foundation contends that Malema’s repeated public attacks on and criticism of the judiciary have transcended legitimate bounds and undermine the independence and effectiveness of the judicial arm of government.

If found not suitable, the foundation wants the NA to take steps to remove Malema from the JSC as it argues he is guilty of misconduct in light of his repeated public attacks on and criticism of the judiciary which “transcend legitimate bounds, and undermine the independence and effectiveness of the judicial arm of government”.

While the foundation seeks a court order for the National Assembly to consider his suitability, Speaker Thoko Didiza has argued in court papers that the constitution contains no provision empowering the speaker to initiate a process to recall a member of the JSC, even in light of such conduct.

The court has set November 11 to hear the case, which puts Malema’s JSC membership, held for 12 years, at risk for the first time.