“No Excuse for Malema” Judge Delivers Strong Warning Over His Attacks on South Africa’s Judiciary

The legal dispute involving Economic Freedom Fighters (EFF) leader Julius Malema has taken a new turn after a judge questioned his repeated criticism and attacks against South Africa’s judiciary.

During proceedings at the Western Cape High Court on Wednesday, 11 November 2026, the judge reportedly made it clear that political disagreements or personal frustrations cannot be used to justify attacks against members of the judiciary. Addressing Malema’s legal representative, the judge reportedly stated that “no context in the world” could justify such behaviour.

The comments were made during a legal application filed by the Helen Suzman Foundation (HSF), which is seeking to have Parliament reconsider Malema’s suitability to continue serving on the Judicial Service Commission (JSC).

The JSC is an important constitutional body responsible for interviewing candidates and recommending appointments to South Africa’s judiciary. Malema currently serves as one of Parliament’s representatives on the commission.

The Helen Suzman Foundation believes Malema’s public remarks about judges raise serious concerns about whether he is an appropriate person to serve in such an influential position. The organisation argues that attacks on judicial officers and questions surrounding their integrity could undermine public confidence in the courts and threaten judicial independence.

However, the foundation is not asking the court to remove Malema directly from the JSC. Instead, it wants the National Assembly to reconsider his suitability and assess whether his conduct should influence his continued appointment.

Malema’s legal team has challenged the application, arguing that the foundation has not provided sufficient legal grounds to compel Parliament to reconsider his position. His representative also suggested that the application was an attempt to silence an opposition politician and restrict his freedom of expression.

Despite these arguments, the judge questioned whether Malema’s remarks could reasonably be defended by placing them within the broader context of political disagreements.

National Assembly Speaker Thoko Didiza is also involved in the matter, as the foundation is challenging her decision not to initiate a process to reconsider Malema’s suitability for the commission.

The case has reignited discussions about the relationship between freedom of political expression and the responsibility of public representatives to respect constitutional institutions. Although politicians are entitled to criticise court decisions, concerns have been raised about the distinction between legitimate criticism and personal attacks against judicial officers.

The Western Cape High Court has reserved judgment, meaning a final decision has not yet been delivered.

The eventual ruling could have wider implications for Parliament’s oversight responsibilities and the standards expected of political representatives serving on the Judicial Service Commission.

https://x.com/News24/status/2120567848569348166?a=9Cr8iJtkJcWoiWC6mPc&s=19

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