The Helen Suzman Foundation has filed a court application seeking to force the National Assembly to reconsider its decision not to assess and decide whether Julius Malema, EFF party leader, is still suitable to serve on the Judicial Service Commission.
A new court application by the Helen Suzman Foundation argues that Parliament has a constitutional obligation to assess whether Julius Malema remains fit to serve on the Judicial Service Commission, given his recent conviction, conduct, and repeated public attacks on members of the judiciary.
EFF leader Julius Malema at the interviews for the position of chief justice in Johannesburg on 2 February 2022. (Photo: Felix Dlangamandla/Daily Maverick) The Helen Suzman Foundation (HSF) has approached the Western Cape High Court in a bid to force Parliament to consider whether EFF leader Julius Malema is still fit to serve on the Judicial Service Commission (JSC).
The foundation wants the court to set aside Speaker Thoko Didiza’s 30 April decision not to consider Malema’s suitability, as well as the National Assembly’s failure to assess and decide on the matter. In papers filed on Thursday, 14 May 2026, HSF argues that the National Assembly has a constitutional obligation to assess whether Malema remains suitable to continue serving as one of Parliament’s designated representatives on the JSC, the body responsible for interviewing and recommending judges for appointment.
The application does not ask the Court to decide Mr Malema’s suitability; it asks the Court to require the National Assembly to fulfil its constitutional duty to consider that question. Included in the application are concerns over Malema’s conduct and criticism of judges and magistrates when they rule against him or his political party, which the foundation says drags ‘judicial officers into political skirmishes’
Helen Suzman Foundation Julius Malema Judicial Service Commission (JSC) National Assembly Parliament African National Congress (ANC) Constitution Rule Of Law Seventh Constitutional Amendment Judiciary Empowerment Act Judges' Forum Council For The Advancement Of The South Afric African Forum For Democracy And Vigilance
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