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

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

The application does not ask the Court to decide Mr Malema’s suitability; it asks the Court to require the National Assembly to fulfil its constitutional duty to consider that question.

The foundation is challenging the decision of National Assembly Speaker Thoko Didiza, who previously declined to initiate a process to review Malema’s position. The HSF contends that Malema’s repeated public attacks on the judiciary undermine the independence and effectiveness of the judicial arm of government, necessitating a formal review of his suitability for the commission.