The Helen Suzman Foundation has launched proceedings in the Western Cape High Court seeking to compel the National Assembly to consider whether Julius Malema remains suitable to serve as one of its designees to the Judicial Service Commission.
The application does not ask the Court to decide Mr Malema’s suitability, instead the ask is to require the National Assembly to fulfil its constitutional duty to consider that question.
The Foundation contends that Mr Malema’s repeated public attacks on judicial officers and his conduct during JSC proceedings raise serious questions about his continued role on the body responsible for recommending judges for appointment.
The Foundation also brings a constitutional challenge to the Judicial Service Commission Act, contending that the Act is constitutionally deficient because it does not require the JSC to adopt a binding code of conduct for commissioners or provide sanctions for non-compliance. The Foundation seeks a declaration of invalidity, suspended to allow Parliament to remedy the defect, with an interim regime requiring the JSC to adopt such a code.
“The independence, dignity and effectiveness of the courts are central to South Africa’s constitutional democracy,” said the Foundation. “Those entrusted with selecting judges must meet the standards required to protect that institution.”
The Foundation is represented by Deneys’ (formerly Norton Rose Fulbright) Social Impact team. The team is supported by Advocates Geoff Budlender SC and Mitchell de Beer.
For further information please contact:
Cherisse Rao, Chief Marketing Officer, c/o Elizabeth Ferreira at Narrate (Liz.Ferreira@narrateglobal.com)
This statement first appeared on Deneys. Read our application here.
