Parliament ‘obligated’ to remove Malema from JSC if not fit and proper
The Helen Suzman Foundation is challenging the National Assembly to review Julius Malema's suitability as a member of the Judicial Service Commission. The foundation argues that his history of attacking judges makes him unfit, while Speaker Thoko Didiza maintains that parliament lacks the specific rules to initiate such a removal.
Why it matters
This case tests the constitutional boundaries of parliamentary oversight and the independence of the judiciary.
It would be “absurd” to suggest the National Assembly cannot initiate a process to review EFF leader Julius Malema’s suitability as a member of the Judicial Service Commission (JSC), the Helen Suzman Foundation is arguing in court papers.
The foundation, which advocates for the protection of the rule of law, wants parliament to consider whether Malema, who has verbally attacked judges for years after losses in court, is “fit and proper” to be a member of the JSC, which interviews and recommends judges for appointment.
Malema recently publicly criticised magistrate Twanet Olivier, who presided over the criminal case in which he was convicted of unlawfully discharging a firearm, calling her an “incompetent white judge”.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in