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

The Helen Suzman Foundation is arguing in court papers that it would be ‘absurd’ to suggest the National Assembly cannot initiate a process to review Economic Freedom Fighters (EFF) leader Julius Malema’s suitability as a member of the Judicial Service Commission (JSC).

The foundation is seeking to compel Parliament to consider whether Malema, who has frequently attacked judges following court losses, remains ‘fit and proper’ to serve on the body responsible for interviewing and recommending judicial appointments.

It would be ‘absurd’ to suggest the National Assembly cannot initiate a process to review Economic Freedom Fighter (EFF) leader Julius Malema’s suitability as a member of the Judicial Services Committee (JSC).

The litigation highlights the ongoing debate regarding parliamentary powers to review the membership of politicians on the JSC. Malema, who has held his seat for 12 years, has faced increased scrutiny following his criminal conviction for the unlawful discharge of a firearm, during which he publicly criticized the presiding magistrate.

National Assembly Speaker Thoko Didiza has previously argued in an affidavit that the constitution and parliamentary rules do not vest her with the power to unilaterally initiate the recall or replacement of a member on demand by an outside body. The Western Cape High Court is scheduled to hear the case on November 11.