Parliament ‘obligated’ to remove Malema from JSC if not fit and proper, court told
The Helen Suzman Foundation is challenging the National Assembly in court to determine if EFF leader Julius Malema is 'fit and proper' to serve on the Judicial Service Commission. The foundation argues that Malema's history of attacking judges makes him unsuitable, while the Speaker of the National Assembly contends there is no constitutional mechanism for his removal.
Why it matters
This case highlights a potential constitutional gap regarding the accountability and removal of members of the Judicial Service Commission, which is critical for judicial independence.
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”.
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