UNFIT FOR SERVICE?: Malema’s JSC future hangs in balance despite belated apology

“Honourable Malema, in vernacular, in his home language, which is a South African language, has given an apology as it was required,” said National Assembly Speaker Thoko Didiza on Tuesday, 29 September, concluding a matter that has dragged on for almost five years.

In just under 10 seconds – most of which were used to greet Didiza – EFF leader Julius Malema apologised for his questioning of Judge Keoagile Matojane about a matter involving the EFF during Judicial Service Commission (JSC) interviews, as the House had ordered in December 2021.

It’s taken years to get here, spanning two successive National Assembly Speakers, two parliamentary committees and court action.

In the April 2021 JSC interviews of judicial candidates, Malema questioned Judge Matojane about his R500,000 defamation determination against the EFF, in the case ex-finance minister Trevor Manuel brought over Malema’s claims that he oversaw a “corrupt” process to appoint tax boss Edward Kieswetter.

Judge Matojane found for Manuel and ordered the EFF to pay R500,000 damages. The matter was appealed, and while the Supreme Court of Appeal upheld the defamation conviction, it referred the financial penalty back to court. Manuel appealed this to the Constitutional Court, a matter that was pending while the JSC interviews unfolded.

Five years in the making

Following this JSC interview, Council for the Advancement of the South African Constitution (Casac) executive secretary Lawson Naidoo in May 2021 complained to Parliament’s joint ethics committee about Malema’s conduct.

This committee in November 2021 found that Malema was not protected by parliamentary privilege and “should not have entered a question that relates to a case which concerns him personally. He serves on the JSC to further the interest of the public, not his private interest.”

In a report adopted in the House on 7 December 2021, the committee ordered him to apologise to the JSC and to Judge Matojane regarding his questioning over the R500,000 damages determination. However, Malema interdicted Parliament in February 2022 and took that joint ethics committee decision on review to the Western Cape High Court. During the proceedings, the then Speaker, Nosiviwe Mapisa-Nqakula, maintained Parliament had the right to discipline him.

In May 2025, a full bench dismissed Malema’s review application, meaning the 7 December 2021 National Assembly resolution stood. Malema was asked by Didiza to apologise no later than 27 February 2026, and make the necessary arrangements for this to happen in the House.

This did not happen, and Didiza, in June 2026, referred the matter to the powers and privileges committee, which investigates MPs for violating privilege and for contempt.

According to the Powers and Privileges Committee report, Malema was informed of the contempt proceedings and, in a letter through his lawyers, agreed to apologise to Judge Matojane and the JSC. On 18 August, according to the committee report, it was decided Malema should apologise by 30 September. 

That he has done now, on the eve of the deadline. 

Casac has previously welcomed Malema’s commitment to apologise.

“The conclusion of this matter should serve as an important reminder that membership of the JSC carries significant constitutional responsibilities and that those entrusted with those responsibilities remain accountable for the manner in which they exercise them,” it said in a statement on 1 September.

Meanwhile, EFF MP Sinawo Thambo also apologised to the House for a fracas with DA MP Kevin Mileham at the security checkpoint before the 2026 Budget. The altercation was observed by another DA MP, and the complaint was made in March 2026 by DA parliamentary leader George Michalakis.

“I apologise,” Thambo told the House – an apology even briefer than Malema’s.

Malema’s JSC participation challenged

Malema’s apology is significant beyond the House as it touches on issues central to the litigation by the Helen Suzman Foundation (HSF) over his fitness to serve on the JSC, the constitutional body responsible for interviewing and recommending candidates for judicial appointment.

The foundation has cited Malema’s public attacks on members of the judiciary, including his commentary to Judge Matojane, and the magistracy, in court papers in its case to ensure Parliament exercises its review and oversight responsibilities regarding his continued membership of the JSC.

Malema has served as a parliamentary representative since 2014.

The HSF argues the National Assembly is further obliged to review Malema’s membership of the JSC over his convictions for hate speech, and for firing shots in the air during the EFF’s July 2018 anniversary, which resulted in a five-year imprisonment sentence.

However, on Tuesday the Eastern Cape High Court in Makhanda granted Malema leave to appeal the latter conviction and sentence to a full bench.

The EFF has criticised the Helen Suzman Foundation for being “part of a broader campaign to delegitimise voices within the JSC that confront the judiciary on matters of accountability and transformation”. The court application was “a dangerous and dishonest attempt to redefine democratic criticism as constitutional misconduct”, the EFF said in May.

Didiza has opposed the HSF application, arguing in court papers that the Constitution is silent on the national legislature’s potential review of a legislator’s suitability for the JSC.