Here’s why Freedom Under Law wants Malema and Mpofu to step down from JSC panel

Civic organisation Freedom Under Law has expressed concerns about EFF leader Julius Malema and advocate Dali Mpofu interviewing judges for the chief justice position. 

The Judicial Service Commission (JSC) panel is this week interviewing senior judges who were shortlisted for the position, including acting chief justice Raymond Zondo, Constitutional Court justice Mbuyiseli Madlanga, judge president of the Supreme Court of Appeal Mandisa Maya and Gauteng judge president Dunstan Mlambo. 

Freedom Under Law argued that Malema and Mpofu, who are members of the JSC, were subject to serious ethical charges and therefore not fit to pass judgment on the ethical and professional qualities of others.

“Mr Malema was recently found to have breached parliament’s Code of Ethical Conduct,” said the organisation. 

It cited a judgment by the Joint Committee on Ethics and Members’ Interests which found Malema to have breached parliament’s Code of Ethical Conduct during interviews for judges by asking an inappropriate question concerning a matter in which he had a personal interest.

The organisation said Mpofu should not be participating in the proceedings due to investigations into his conduct when he told a colleague and her client to shut up during the state capture inquiry.

“The JSC has long applied the principle that a candidate facing a misconduct charge should not be considered for appointment. Yet the JSC permits two members against whom misconduct proceedings are ongoing to participate in this week’s proceedings,” said Freedom Under Law.

“We respectfully suggest Mr Malema and Mr Mpofu should stand aside from service on the JSC as long as they are subject to these serious ethical charges. 

“Unless and until they successfully challenge the findings, they are not fit to pass judgment on the ethical and professional qualities of others.”

In an interview, Malema grilled Madlanga on whether it was correct for judges to visit the homes of politicians.

He also stressed his worry that Madlanga was struggling to say the country is ready for a female chief justice. 

“I don’t know if you are doing yourself justice. They are asking for your opinion. What happened to the firmness [Madlanga earlier displayed] on the LGBTQI+ community?” asked Malema. 

“They are all victims of masculinity and all the isms you were speaking about. Do you think SA is ready for a female chief justice?

“It’s going to be 30 years. There has never been a female chief justice or deputy chief justice. I am worried about justice Madlanga because you are struggling to say SA is ready for a female chief justice. I doubt your earlier commitment to this.”