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 a fit and proper person 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 seeking to review and set aside National Assembly Speaker Thoko Didiza’s decision not to initiate a process to evaluate Malema’s position. The HSF contends that Malema’s repeated public attacks on the judiciary undermine the independence of the judicial arm of government, necessitating a formal review of his suitability for the commission.

In response, Speaker Thoko Didiza has maintained that the constitution and the rules of the National Assembly do not vest her with the power to unilaterally initiate the recall or replacement of a member designated to the JSC. Didiza argues that there is no provision requiring the National Assembly to only designate members who are fit and proper, nor a mechanism to remove them if they cease to be so.

This legal challenge follows Malema’s conviction and sentencing in a separate firearm-related case, which has further intensified the debate regarding his continued role in the body responsible for interviewing and recommending judges for appointment.