The conflict originated in April 2021, when Malema, serving as a JSC member, questioned Judge Matojane about a ruling the judge had previously issued. In 2019, Matojane had ordered the EFF to pay 500,000 rand in damages to former Finance Minister Trevor Manuel. The lawsuit stemmed from Malema’s public claims that the appointment of top tax official Edward Kieswetter had been a “corrupt” process. Although the Supreme Court of Appeal later upheld the defamation finding, it referred the financial penalty back to the lower courts, a matter that remained pending during the JSC interviews.
Following the 2021 interviews, Lawson Naidoo, executive secretary of the Council for the Advancement of the South African Constitution (Casac), lodged a complaint with Parliament’s Joint Parliamentary Committee on Ethics. In November 2021, the committee concluded that Malema was not protected by parliamentary privilege because he had raised a matter concerning his own party’s personal interests. The committee found that a JSC member serves the public interest, not private interests, and ordered Malema to apologise to both the JSC and Judge Matojane. The National Assembly adopted this report on 7 December 2021.
Malema rejected the finding, interdicting Parliament in February 2022 and taking the decision to the Western Cape High Court for review. In May 2025, a full bench of the court dismissed all five grounds of Malema’s challenge, ruling that the 2021 parliamentary resolution stood. With his legal options exhausted, the matter returned to Parliament. Speaker Didiza initially set a deadline of 27 February 2026 for the apology. When Malema failed to comply, the case was referred to the committee on powers and privileges in June 2026, which investigates breaches of privilege and contempt of parliament.
Through his lawyers, Malema ultimately agreed to comply with the parliamentary order. The committee set a final deadline of 30 September 2026. Malema delivered the apology on 29 September, the day before the deadline expired. Didiza stated that the apology was given as required, effectively closing the parliamentary disciplinary process.
Parliamentary Apology Does Not Resolve Fitness Challenges
While the apology satisfies the specific parliamentary order, it does not conclude broader legal proceedings regarding Malema’s suitability to serve on the JSC. The Helen Suzman Foundation (HSF) has initiated court proceedings arguing that Parliament must review Malema’s fitness for the constitutional body. The HSF cites Malema’s public attacks on judicial representatives and his specific questioning of Judge Matojane as evidence of unfitness. Additionally, the foundation points to Malema’s prior convictions, including a five-year prison sentence for hate speech and firing a gun into the air during the EFF’s anniversary in July 2018. The Eastern Cape High Court in Makhanda has granted Malema leave to appeal this conviction and sentence before a full bench.
The EFF has characterised the HSF’s lawsuit as part of a campaign to delegitimise voices within the JSC that raise issues of accountability and judicial transformation. Casac, which originally complained to the ethics committee, welcomed Malema’s compliance with the parliamentary order in a statement on 1 September. The organisation noted that the conclusion of this matter serves as a reminder that JSC membership carries significant constitutional responsibilities and that members remain accountable for how they exercise those powers.
The apology concluded one chapter of the dispute, but the legal questions surrounding Malema’s continued participation in the JSC remain unresolved. A hearing in the Helen Suzman Foundation’s court case is scheduled for 11 November.
In a separate matter, EFF MP Sinawo Thambo also apologised to the House on the same day for an altercation with Democratic Alliance MP Kevin Mileham at a security checkpoint prior to the 2026 Budget. The complaint regarding that incident was filed by DA parliamentary leader George Michalakis in March 2026.
