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 Judicial Service Commission (JSC) membership of politicians, specifically regarding EFF leader Julius Malema.

The legal challenge, which has been set for a hearing on November 11, centers on whether parliament is obligated to remove Malema from the JSC if he is deemed not ‘fit and proper’ to serve.

The foundation argues that Parliament must determine whether Malema remains ‘fit and proper’ to serve on the JSC, based on his public criticism of judges and judicial decisions, which it claims undermines judicial independence.

This case follows a series of legal and political challenges against Malema, including his recent sentencing to five years in prison for the unlawful possession of a firearm, two years for the unlawful possession of ammunition, and a fine or imprisonment for discharging a firearm in a built-up area.

National Assembly Speaker Thoko Didiza has argued in an affidavit filed in the Western Cape High Court that the law does not provide her with the power to initiate a process for the National Assembly to decide whether Malema remains suitable for his appointment to the JSC. Didiza contends that neither the constitution nor the rules of the National Assembly vest in her the duty to recall or replace a designee on demand by an outside body.