Julius Malema Faces High Court Challenge from Helen Suzman Foundation

The Helen Suzman Foundation (HSF) has petitioned the Western Cape High Court to order Parliament to review Julius Malema’s suitability for continued service on the Judicial Service Commission (JSC). Malema is the leader of the Economic Freedom Fighters.The application does not specifically request that the court determine whether Malema is fit to serve or remove him from office.

Rather, the foundation is requesting that the court vacate Speaker Thoko Didiza’s decision to exclude him from consideration for a position on the Joint Standing Committee. Parliament would have to evaluate the case, considering all pertinent factors, including Malema’s actions, if the application were to be successful.While serving on the committee that recommends judges for appointment, the foundation claims that Malema has harshly criticized magistrates and judges following their rulings against the EFF. Public criticism of judges and other court employees could damage public trust in the justice system and cast doubt on the professionalism of the Judicial Selection Commission, according to the report.According to the HSF, its goal is not to silence dissenting opinions or silence critics of the judiciary. Because the JSC is so instrumental in the judicial nomination process, it contends that members of the commission bear a unique obligation to engage in robust debate about the courts.

According to the foundation, their case is about the standards of behavior for commission members and has nothing to do with Malema’s political beliefs or the policies of the EFF.The Judicial Service Commission Act is also challenged in the application as being unconstitutional. The HSF contends that the commission is exempt from the legal obligation to establish a code of conduct with penalties for violations since the statute does not mandate such action. It is requesting that the court rule that the law is unconstitutional so that Parliament can fix the loophole. While that’s happening, the foundation is suing to have the JSC create a code of conduct.The recent conviction and sentence handed down to Malema for the unlawful discharge of a firearm at a rally has been cited by the HSF.

The foundation is concerned that the outcome of his appeals against his conviction and sentence may impact his eligibility to continue serving in the National Assembly. It states that the fact that his membership in the JSC could be terminated for that reason does not negate the need of its broader argument regarding parliamentary accountability and a code of conduct.The application, according to Malema, is an abuse of the court process, and he believes the foundation is trying to censor him because of his position as an opposition leader.

So, this case makes us wonder how members of the JSC should handle their duties while also engaging in political speech and publicly criticizing the judiciary.Parliament is being asked to decide whether Malema is suitable and if a formal code of conduct for commissioners should be mandated by law. Even though the court has not yet rendered a decision, Malema will continue to serve on the JSC and the claims made against him will continue to be part of the case.

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