Julius Malema In Heavy Trouble As Helen Suzman Foundation Drags Him To High Court

The Helen Suzman Foundation (HSF) has approached the Western Cape High Court in a case seeking to make Parliament consider whether Economic Freedom Fighters leader Julius Malema remains suitable to serve on the Judicial Service Commission (JSC).

The application does not ask the court to remove Malema directly or decide whether he is fit to serve. Instead, the foundation wants the court to set aside Speaker of the National Assembly Thoko Didiza’s decision not to have the House consider his suitability as one of its JSC representatives. If successful, the application would require Parliament to assess the matter, taking account of relevant circumstances, including Malema’s conduct.

The foundation argues that Malema has repeatedly criticised judges and magistrates after rulings against the EFF, while serving on the body involved in recommending judges for appointment. It says public attacks on judicial officers may undermine confidence in the courts and raise questions about the standards expected of JSC members.

The HSF says it is not seeking to prevent criticism of the judiciary or restrict political expression. It argues that robust discussion of the courts is legitimate, but that JSC members have a particular responsibility because the commission plays a central role in the appointment of judges. The foundation says its case concerns the conduct required of people serving on the commission, rather than Malema’s political views or the EFF’s policies.

The application also challenges the constitutionality of the Judicial Service Commission Act. The HSF argues that the law does not require the commission to adopt a binding code of conduct for its members or set out sanctions for breaches. It wants the court to declare the law constitutionally deficient and give Parliament time to address the gap. In the interim, the foundation is seeking an order requiring the JSC to establish a code of conduct.

The HSF has cited Malema’s recent conviction and sentence over the unlawful discharge of a firearm at a rally. He has appealed against both his conviction and sentence, and the foundation says the outcome could affect his eligibility to remain in the National Assembly. It says the possibility that his JSC membership could end for that reason would not make its wider case about parliamentary accountability and a code of conduct unnecessary.

Malema has described the application as an abuse of court process, while maintaining that the foundation is seeking to silence him as an opposition leader. The matter therefore raises questions about the balance between political speech, public criticism of the judiciary and the responsibilities of those serving on the JSC.

The court is being asked to determine whether Parliament must consider Malema’s suitability and whether the law should require a formal conduct code for commissioners. Until a judgment is delivered, Malema remains a JSC member, and the allegations about his conduct remain arguments presented in the case rather than findings by the court.

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