---
title: "Malema’s JSC future hangs in balance despite belated apology"
description: "EFF leader Julius Malema has apologised for his conduct during a Judicial Service Commission interview in 2021, but the Helen Suzman Foundation is still going to court over his fitness to serve on the constitutional body."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "UNFIT FOR SERVICE?"
author: "Marianne Merten"
author_url: "https://www.dailymaverick.co.za/author/mariannemerten/"
canonical_url: "https://www.dailymaverick.co.za/article/2026-09-29-malemas-jsc-future-hangs-in-balance-despite-belated-apology/"
published: "2026-09-29T21:00:00"
lang: "en-ZA"
word_count: 919
---

# Malema’s JSC future hangs in balance despite belated apology

> EFF leader Julius Malema has apologised for his conduct during a Judicial Service Commission interview in 2021, but the Helen Suzman Foundation is still going to court over his fitness to serve on the constitutional body.

By Marianne Merten · Published 29 September 2026, 23:00 SAST

## Key points
- Julius Malema has finally apologised for challenging a judge during 2021 JSC interviews – but the controversy is far from over.
- The apology follows nearly five years of parliamentary wrangling, court action and a looming contempt process.
- The Helen Suzman Foundation is separately challenging Malema’s fitness to remain on the Judicial Service Commission, citing attacks on the judiciary and criminal convictions.
- With the EFF accusing the foundation of a political campaign and the Speaker opposing the case, the dispute heads to court on 11 November.

## Content

“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](https://www.dailymaverick.co.za/article/2019-05-30-trevor-manuel-1-eff-0-in-defamation-case/) 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.

![Julius Malema after the Budget Speech had been 'delayed indefinitely', an unprecedented move in post-apartheid South Africa. (Photo: Phando Jikelo / Parliament of SA)](https://cdn.dailymaverick.co.za/i/AUaTqQ0a404nsxQ-7--UG5SOwkQ=/200x100/smart/filters:strip_exif\(\)/file/attachments/orphans/Merten-Malema-JSC1_653827.jpeg)

*Julius Malema has apologised for his comments during a JSC interview in 2021. (Photo: Phando Jikelo / Parliament of SA)*

### **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](should not have entered a question that relates to a case which concerns him personally.) 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.

![Merten-Thoko Didiza](https://cdn.dailymaverick.co.za/i/yzmbYVPUaL3E8Rj_LyYw3iR_pmU=/200x100/smart/filters:strip_exif\(\)/file/attachments/orphans/ED_5196043_442555.jpg)

*Speaker Thoko Didiza at the National Assembly in Cape Town. (Photo: Brenton Geach / Gallo Images)*

According to the [Powers and Privileges Committee](https://pmg.org.za/committee/72/) 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.

![Sinawo Tambo EFF national spokesperson. (Photo: Gallo Images/Papi Morake)](https://cdn.dailymaverick.co.za/i/6D-Y-pWk9pa4qoDd_V7SaZLx9eE=/200x100/smart/filters:strip_exif\(\)/file/attachments/orphans/Merten-Malema-JSC6_640199.jpg)

*Sinawo Thambo, EFF national spokesperson. (Photo: Papi Morake / Gallo Images)*

### **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.

[Read more

Helen Suzman Foundation heads to court over Malema’s participation on the JSC

May 15, 2026 ![Image](https://cdn.dailymaverick.co.za/i/837-CKd7hCWkD1qgNc9wxR10smk=/450x0/smart/file/dailymaverick/wp-content/uploads/2022/02/fdinterviews8-1.jpg)](https://www.dailymaverick.co.za/article/2026-05-15-helen-suzman-foundation-heads-to-court-over-malemas-participation-on-the-jsc/)

The HSF argues the National Assembly is further obliged to review Malema’s membership of the JSC over his [convictions](https://www.dailymaverick.co.za/article/2025-09-06-the-science-of-hate-speech-looking-at-the-forensic-linguistic-evidence-that-proved-malema-guilty/) for hate speech, and for[firing shots](https://www.dailymaverick.co.za/article/2026-04-16-dangerous-and-unlawful-malema-sentenced-to-five-years-over-mdantsane-firearm-incident/) 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.

The matter is set down for hearing on 11 November. **DM**