Civil society organisations want Malema to step down from JSC

Following Economic Freedom Fighters (EEF) leader Julius Malema's conviction in his firearm discharge case, civil society organisations Freedom Under Law, Defend our Democracy, and Council for the Advancement of the South African Constitution (CASAC) want Malema to step down as a member of the Judicial Service Commission (JSC), and they are also urging the National Assembly to remove him should he decline to step down.

The East London Magistrate's Court handed down its verdict at a hearing on Wednesday, where Malema was found guilty of violating the nation's gun laws for firing a weapon at a political rally.

In 2018, a video emerged showing Malema firing several shots in the air during his party's fifth anniversary celebrations held in the country's Eastern Cape province.

Malema's sentencing will take place on January 23.

The organisations believe that the firearms conviction, the hate speech finding, and the parliamentary ethics finding, prove that he should not serve on the JSC.

In August, the Equality Court found that certain statements by Malema constituted hate speech and demonstrated a clear intention to incite harm and to promote or propagate hatred.

In May, the High Court upheld Parliament's finding that Malema had breached its Code of Ethics for remarks made during a JSC interview in 2021, when he used that platform for his personal interests.

The organisations pointed out that Malema was a member of the JSC, having been designated by the National Assembly.

"…but not all individuals appointed to the JSC are fit to decide on who should become judges in our country," they said, noting former Judge and uMkhonto we Sizwe Party Member of Parliament John Hlophe's impeachment.

In June, the Western Cape High Court ruled that the National Assembly's decision to designate Hlophe as a member of the JSC was "unconstitutional and invalid".

The organisation pointed to the JSC's crucial role in selecting judges for appointment.

"…judges are responsible for upholding the Constitution and the rule of law. It would undermine public confidence in the JSC, the process of selecting judges, and indeed the credibility of the entire judiciary for an individual, who is subject to ongoing legal proceedings of this nature, and has made statements attacking the judiciary, to be involved in the judicial selection process," they explained.

The EFF intends to appeal the firearms conviction and the hate speech ruling.