The Helen Suzman Foundation has approached the Western Cape High Court in an attempt to have Economic Freedom Fighters (EFF) leader Julius Malema removed from the Judicial Service Commission (JSC).
The legal challenge centres on allegations that Malema has repeatedly criticised and attacked judges who deliver rulings against his party, raising concerns about the potential impact on judicial independence.
Malema has argued that the foundation's application is an attempt to silence him in his capacity as an opposition leader.
However, Judges Matter's Alison Tilley says the broader issue is the protection and preservation of judicial independence.
Tilley noted that the JSC had finally issued a draft code of conduct, following prolonged calls from organisations such as Judges Matter for clearer guidelines governing the conduct of its members.
She said political parties and organisations that nominate representatives to the commission generally have a responsibility to hold them accountable for their conduct.
According to Tilley, the proposed code could be a step towards strengthening accountability within the commission.
“The JSC has to make sure that the judiciary is upheld and supported,” she said.
Tilley added that the foundation's legal challenge also raises questions about Parliament's responsibility to hold its representatives on the JSC accountable.
She said the Speaker of Parliament should engage with the relevant processes to determine whether Malema remains suitable to serve on the commission.