Helen Suzman Foundation Moves To Strip Julius Malema Of Big Powers On JSC Board

The Helen Suzman Foundation (HSF) is asking the Western Cape High Court to review Parliament’s decision not to consider whether Economic Freedom Fighters leader Julius Malema remains suitable to serve on the Judicial Service Commission (JSC).

The application is set to be heard on Wednesday, 11 November. The foundation wants the court to set aside National Assembly Speaker Thoko Didiza’s decision of 30 April, which declined to ensure that the House considered Malema’s suitability as one of its JSC representatives. Malema has served on the commission since 2014.

The JSC plays a central role in recommending candidates for judicial appointments. The HSF argues that Malema’s conduct, including public attacks on judges and magistrates after rulings against the EFF, raises concerns about his position on a body responsible for selecting judges.

The foundation is also challenging the JSC Act, arguing that it is constitutionally deficient because it does not require the commission to adopt a code of conduct for its commissioners. It is asking the court to give Parliament 24 months to address the alleged defect. In the meantime, the HSF wants an interim requirement for the JSC to develop a code within two months, covering commissioners’ conduct and potential sanctions for breaches.

If the court grants the HSF’s main request, it wants the National Assembly to reconsider whether Malema should remain its JSC designee within 20 court days. The foundation says that decision should take account of all relevant circumstances, including his conduct.

Malema opposes the application. He argues that it is an abuse of court process and says the HSF is seeking to silence him as an opposition leader. He has denied that his statements unfairly undermine the credibility of judges or the judiciary.

He also disputes the remedy sought, arguing that the court should not direct Parliament on how to perform its functions. His court papers contend that the application is moot and that the relief sought is excessive.

The case also raises the question of how Parliament should hold its representatives on the JSC accountable. The HSF’s challenge is not limited to whether Malema should retain his current position: it also seeks a ruling on the legal framework governing commissioners’ conduct.

A separate question about Malema’s parliamentary membership could affect his JSC role. The HSF has acknowledged that an appellate process may have consequences for his eligibility to sit in the National Assembly, but says that possibility does not make its wider application moot.

The court has yet to decide the matter. The hearing will determine whether Parliament must revisit its decision and whether the law needs a formal code of conduct for JSC commissioners.

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