WATCH | Ramaphosa ‘protected by judges’: Malema launches new attack on judiciary after Sona bruise

Missing out on the state of the nation address (Sona) did not sit well with EFF leader Julius Malema after the Western Cape High Court set aside the party's application for his suspension from parliament to be lifted. 

On Thursday the court rejected the EFF’s appeal, saying the party failed to identify constitutional rights which needed to be protected or irreparable harm the MPs would suffer should they not attend Sona. The suspended MPs included Malema, deputy leader Floyd Shivambu, Mbuyiseni Ndlozi, Sinawo Tambo, Vuyani Pambo and secretary-general Marshall Dlamini. 

Angered by the judgment, Malema again accused the judiciary of being “captured”.

“We will appeal it to the Constitutional Court because we must not allow that precedent where elected MPs can be removed through undemocratic methods supported by a captured judiciary. It started like that in Zimbabwe where MPs are rough-tackled, violated, journalists are arrested and the judges are agreeing with that nonsense,” he said.

Malema believed there was nothing untoward about his remarks regarding the judiciary. 

“Judges are not God. They must be criticised when they are wrong. How do you say, ‘You must not call for point of order,’ and you regulate speech in parliament?

“We are going to challenge the judges and we are going to show them they are politically driven. They have descended into the political arena, therefore they are no longer judges, they are politicians and they will be treated as such.” 

In the recent judgment the court did not comment on the merits of the EFF's arguments. 

“For the purposes of this judgment, it is not necessary for us to comment on the substantive merits of the attack which the applicants have launched, or their prospects of success,” the judgment read.

“That is something for the court to deal with in part b of the application. We are simply required to determine whether the applicants have made a proper case for the interim relief which they seek on the premise there may possibly be merit in one or more of the grounds of complaint which have been raised.”

The red berets' leader, without evidence, accused judges of protecting President Cyril Ramaphosa. “They do not want us in parliament because they are a group of cowards. There is no leader who is a coward like President Ramaphosa, who is protected by judges. He is hiding behind the red dresses of the judges because he knows politically he will not be able to defeat us,” he said. 

This was not the first time Malema criticised judges. In October last year he refused to apologise for labelling magistrate Twanet Olivier an “incompetent white magistrate” after he lost a bid to have his case struck off the roll in East London.

Malema appeared before Olivier with bodyguard Adriaan Snyman on charges of discharging a firearm during the EFF’s fifth birthday celebration at Mdantsane’s Sisa Dukashe Stadium in 2018. 

Malema, a member of the judicial service commission (JSC), was criticised by the organisation Judges Matter and justice ministry for “attacking” Olivier. Both the ministry and the organisation said Malema’s claims of “corruption” and incompetence against Olivier, without substantiation, were irresponsible. 

In December chief justice Raymond Zondo defended the judiciary against allegations of “capture”, saying he has for the past four years called for evidence, but none has come to light. 

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