EFF leader Julius Malema has apologized for his conduct during a Judicial Service Commission (JSC) interview in 2021. The apology, made in his home language, was accepted by National Assembly Speaker Thoko Didiza on September 29. Malema's apology was in response to a complaint made by the Council for the Advancement of the South African Constitution (Casac) executive secretary Lawson Naidoo in May 2021.
The controversy began during the April 2021 JSC interviews of judicial candidates, when Malema questioned Judge Keoagile Matojane about a matter involving the EFF. Judge Matojane had found for ex-finance minister Trevor 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.
The joint ethics committee 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. The committee ordered him to apologize to the JSC and to Judge Matojane. However, Malema interdicted Parliament in February 2022 and took that joint ethics committee decision on review to the Western Cape High Court.
In May 2025, a full bench dismissed Malema's review application, meaning the December 2021 National Assembly resolution stood. Malema was asked by Didiza to apologize no later than February 27, 2026, and make the necessary arrangements for this to happen in the House. This did not happen, and Didiza referred the matter to the powers and privileges committee in June 2026.
According to the Powers and Privileges Committee report, Malema was informed of the contempt proceedings and agreed to apologize to Judge Matojane and the JSC. On August 18, it was decided Malema should apologize by September 30. The Helen Suzman Foundation (HSF) has previously challenged Malema's participation on the JSC, citing his public attacks on members of the judiciary.
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. However, on September 29, the Eastern Cape High Court in Makhanda granted Malema leave to appeal the latter conviction and sentence to a full bench.
The EFF has criticized the Helen Suzman Foundation for being part of a broader campaign to delegitimize 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.
Key points
- Malema's apology may not be enough to save his spot on the JSC
- The Helen Suzman Foundation is challenging Malema's participation on the JSC
- Malema's future on the JSC remains uncertain pending a court hearing on November 11
