Thokozile Mnguni
The Economic Freedom Fighters (EFF) has criticised a legal bid by the Helen Suzman Foundation (HSF) to have party leader Julius Malema removed from the Judicial Service Commission (JSC), calling the move an overreach that threatens democratic participation.
HSF has approached the Western Cape High Court seeking Malema’s removal from the commission. The organisation also wants sections of the Judicial Service Commission Act declared unconstitutional, arguing that the law fails to provide a binding code of conduct for commissioners.
The foundation argues that Malema’s recent criminal conviction, together with his public criticism of judges and magistrates, raises concerns about his suitability to serve on a body responsible for judicial appointments and oversight.
The matter has not yet been allocated a hearing date.
HSF maintains that JSC members are expected to uphold public confidence in the judiciary and avoid conduct that could undermine the courts.
The EFF has rejected the application, saying it seeks to criminalise political speech and silence elected representatives who openly criticise the judiciary.
According to the party, removing public representatives from constitutional oversight bodies because of their political views would weaken accountability and discourage debate about the justice system.
The party also questioned what it described as selective scrutiny, arguing that other political controversies have not triggered similar legal challenges from civil society organisations.
The dispute adds to the ongoing debate around the role of the JSC, which remains central to judicial appointments and broader discussions about accountability within the justice system.