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 litigation brings into sharp focus the powers of Parliament to review the membership of politicians serving on the JSC, particularly in light of concerns regarding Malema’s conduct toward the judiciary.

The HSF contends that allowing a member who has repeatedly attacked judges to remain on the commission undermines judicial independence and public trust in the institution.

Conversely, the Speaker of the National Assembly has previously argued that there are no clear constitutional grounds to unilaterally oust the EFF leader from his position on the commission.