Malema given until 30 September to apologise to Judge Matojane and JSC

Malema

Johannesburg – Economic Freedom Fighters (EFF) leader Julius Malema has until 30 September 2026 to apologise in the National Assembly to Judge Elias Matojane and the Judicial Service Commission (JSC) over his conduct during a 2021 judicial interview.

The deadline was set by Parliament’s Powers and Privileges Committee after Malema failed to comply with an earlier directive requiring him to apologise for questioning Matojane about a court ruling involving the EFF.

According to SABC News, Malema was given the new deadline after the Western Cape High Court dismissed his legal challenge against Parliament’s decision.

The dispute dates back to April 2021, when Malema, then a member of the JSC, questioned Matojane during his interview for appointment to the Supreme Court of Appeal.

Malema questioned the judge about a ruling in which Matojane ordered the EFF and its leaders to pay former finance minister Trevor Manuel R500,000 in damages.

The Council for the Advancement of the South African Constitution (CASAC) subsequently complained to Parliament’s Ethics Committee, which found that Malema had breached the parliamentary Code of Ethical Conduct and Disclosure of Members’ Interests.

The committee recommended that he apologise to both Matojane and the JSC.

Malema challenged the finding in the Western Cape High Court, but the court dismissed his application in May 2025, finding that his five grounds of review had no merit.

Parliament subsequently ordered Malema to apologise by February 2026. When he failed to do so, the matter was referred to the Powers and Privileges Committee.

Committee chairperson Weziwe Tikana-Gxotiwe said Malema had since indicated that he would comply.

“In the same correspondence, Mr Malema also invited the chairperson to furnish him with the date on which the apology can be tendered,” Tikana-Gxotiwe said, according to IOL.

The committee subsequently resolved that the apology must be delivered in the National Assembly by 30 September.

“Such an apology should be tendered no later than 30 September 2026,” Tikana-Gxotiwe said.

CASAC welcomes Malema’s commitment

According to News24, CASAC welcomed Malema’s commitment to apologise, describing it as an important step towards resolving the long-running matter.

CASAC executive secretary Lawson Naidoo said the organisation was pleased that Malema had now indicated that he would comply with the parliamentary resolution.

The organisation had previously argued that Malema’s questioning of Matojane was inappropriate because it involved a matter in which the EFF and its leadership had a direct personal and political interest.

The Mail & Guardian reported when Malema initially obtained an order suspending the apology directive while he pursued his legal challenge. The court order stated that the sanction requiring him to apologise to Matojane and the JSC was suspended pending the review process.

That legal avenue has since been exhausted, leaving Malema with the parliamentary deadline.

Tikana-Gxotiwe has also warned that failure to comply with a parliamentary order could result in a contempt finding.

“Mr Malema’s attention was also drawn to rule 10 of the National Assembly which provides that a member who fails or refuses to obey any rule or order or any resolution of the house may be found guilty of contempt of Parliament,” she said, according to SABC News.

Malema’s expected apology will bring to a close a disciplinary process that has lasted more than five years, provided he complies with the September deadline.

The matter also highlights the rules governing members of Parliament who serve on bodies such as the JSC, particularly where judicial candidates are questioned about cases involving the interests of the members conducting the interviews.

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