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 foundation said it was not asking the court to directly remove Malema from the JSC, but rather to compel Parliament to fulfil its constitutional obligations.

The legal challenge seeks to review and set aside National Assembly Speaker Thoko Didiza’s decision not to initiate a process to consider Malema’s suitability for the role. The HSF contends that Malema’s repeated public attacks on the judiciary, including recent comments regarding Magistrate Twanet Olivier, undermine the independence and effectiveness of the judicial arm of government.

Speaker Thoko Didiza has opposed the application, arguing that the constitution and parliamentary rules do not vest her with the power to unilaterally initiate the recall or replacement of a National Assembly designee to the JSC on demand by an outside body.