Julius Malema, leader of the Economic Freedom Fighters (EFF), faces renewed scrutiny following the high-profile White House meeting on May 21, 2025, where U.S. President Donald Trump confronted South African President Cyril Ramaphosa over Malema’s controversial chant, “Kill the Boer.”

The confrontation has reignited debates about Malema’s role on the Judicial Services Commission (JSC), particularly his involvement in appointing judges who later ruled the song constitutionally protected, raising questions about a potential conflict of interest.

President Trump’s Question Sparks Global Attention

During the White House meeting, President Trump played a video showing Malema chanting “Kill the Boer” alongside images of white crosses he referred to as “graves” representing white farmers in South Africa. President Trump directly asked Ramaphosa, “Why is Julius not in jail?” referring to Malema’s chants, which have been a flashpoint in South Africa due to ongoing concerns over farm murders, with 330 reported between 2019 and 2023 by the Transvaal Agricultural Union.

Ramaphosa appeared visibly uncomfortable, reportedly asking, “Where is that? I’ve never seen that.” He delegated the response to his Minister of Agriculture, John Steenhuisen, emphasizing that the EFF is a minority party, and government policy opposes Malema’s stance. Malema, in turn, mocked the meeting on X, calling it “a group of older men” gossiping about him, while the EFF criticized the focus on Malema over broader diplomatic issues.

Malema’s Role on the JSC and the Kill the Boer Rulings

Malema has been a member of the JSC since June 2014, a body responsible for recommending judges for appointment by the President. The JSC’s role includes interviewing candidates and voting on recommendations, a process in which Malema actively participates as one of 23 members. His involvement has drawn criticism due to his political rhetoric, particularly after courts ruled on the “Kill the Boer” song, which he has publicly chanted at EFF rallies.

The song, historically tied to the anti-apartheid struggle, was deemed hate speech in 2011 but was later ruled not hate speech in 2020 by Judge Edwin Molahlehi in the Gauteng Equality Court, a decision upheld by the Supreme Court of Appeal (SCA) in May 2024 in AfriForum v Economic Freedom Fighters and Others (1105/2022). The Constitutional Court (ConCourt) refused AfriForum’s appeal in May 2025, cementing the song’s protected status under freedom of expression.

Involvement in Judicial Appointments

An investigation into Malema’s JSC tenure reveals his involvement in appointing some judges who ruled on the “Kill the Boer” case. Specifically, Malema participated in the JSC’s collective vote recommending Judges K. E. Matojane and D. S. Molefe to the SCA in December 2022, both of whom were on the five-judge panel that issued the May 2024 ruling. Malema was present during their October 2022 interviews, as reported by Times Live, and voted on their appointments, per JSC procedures.

However, the ConCourt’s refusal to hear AfriForum’s appeal in May 2025 involved different judges, including Chief Justice M. M. L. Maya, who has been on the bench since 2012, before Malema’s JSC tenure began. Other ConCourt judges, such as S. P. B. Majiedt, appointed in 2014, and N. P. Mbatha, appointed in 2023, were also likely reviewed. Malema voted on Mbatha’s appointment in 2022, but the ConCourt’s decision was procedural, denying leave to appeal, with minimal connection to the “Kill the Boer” outcome. Thus, Malema’s direct influence on the ConCourt’s involvement was limited, though his role in Mbatha’s appointment adds to the perception of conflict.

Conflict of Interest Concerns

Malema’s position on the JSC, combined with his political actions, has fueled accusations of a conflict of interest. Critics argue that his influence over judicial appointments, as part of a collective JSC vote, particularly for judges who later rule on cases involving his own conduct, undermines judicial impartiality. An X post by @dickyd64 on May 23, 2025, highlighted this concern, noting Malema’s role on the JSC while chanting “Kill the Boer,” a song central to legal disputes he benefits from. In 2024, Retired Judge Azhar Cachalia criticized the appointment of figures like Malema to the JSC, arguing it threatens judicial independence, per a Rhodes University lecture. These concerns are amplified by ongoing farm murder debates, with the Transvaal Agricultural Union reporting 330 cases between 2019 and 2023, a backdrop that makes the “Kill the Boer” rulings particularly sensitive.

Public and Legal Reactions

Public reaction on X has been polarized. @WillyFoosball questioned the legal shift from 2011 to 2020 on the song’s status, reflecting broader unease about judicial decisions.

Legally, the JSC’s structure allows political representation, per section 178 of the Constitution, but Malema’s case highlights tensions between democratic oversight and judicial independence.

Calls for his removal from the JSC, as reported by Radio Islam in July 2024, have not materialized, leaving him in a position to influence future appointments.

Hey Wilson
Did you know that Malema, the guy who chants “kill the Boer” is on the judicial services commission
The body that elects judges in SA , sic

— Accredited_reporter (@dickyd64) May 23, 2025