CAPE TOWN, SOUTH AFRICA – FEBRUARY 12: EFF leader Julius Malema during day 1 of the 2019 State of the Nation Address (SONA) 2019 debate at the National Assembly on February 12, 2019 in Cape Town, South Africa. Members of Parliament gathered to question President Cyril Ramaphosa address, which took place on February 07. Ramaphosa is due to respond on February 14. (Photo by Gallo Images / Netwerk24 / Jaco Marais) News24 previously reported that Malema had said that "education must be free of charge so a girl child can be educated and become a confident judge tomorrow, so we get rid of incompetent judges who are threatened by politicians that appear before them".
He also said the current stock of judges were "traumatised old people".
"We want women judges that are not scared of male politicians and that are not threatened by male white Afrikaner lawyers before them. We want the judges that are going to say the judiciary must be independent and not be influenced by who is the president.
"If judges judge according to who appears before them, they must know we will be left with no options but to take up arms, because there is no neutrality in SA. The judges can save democracy of SA by not being biased. A biased judiciary will force us into the bush, and we don't want to go into the bush," he said.
Malema’s comments followed just days after two judgments were handed down by women judges in matters where the EFF was an unsuccessful party, the GCB said.
'Veiled attack of a personal nature'
The GCB said it respected the right to freedom of expression, including the right to criticise judicial decisions where justified.
"However, the judiciary is one of the cornerstones of our democracy. Its dignity and independence are to be respected and will be defended by the GCB when it comes under unwarranted attack," GCB chairperson Craig-Watt Pringle SC said in a statement.
"The GCB does not seek by means of this statement to debate the correctness or otherwise of the two judgments referred to above, or to attempt to stifle debate in that regard.
"We do, however, wish to express our concern that, instead of offering a reasoned critique of the judgments, Mr Malema launched a veiled attack of a personal nature on the individual judges who delivered those judgments, by implication referring to them as being incompetent, lacking in appropriate confidence, independence, and being politically motivated."
The GCB said it was unfortunate that Malema’s inappropriate criticisms - which were directed not at the correctness of the judgments, but at the perceived personal characteristics of the judges who delivered them - evidently sought to instil fear in the judiciary by making unfounded allegations of favour and prejudice.
"Attacks of this nature undermine the independence of the judiciary, which is not only the very value that Mr Malema purports to rely upon, but one from which he and the Economic Freedom Fighters have themselves benefitted on a number of occasions over the years."
News24