Prominent SC ‘appointed’ Acting ConCourt judge
SA senior counsel Tembeka Ngcukaitobi has been appointed as an Acting Constitutional Court judge. The Sunday Times learnt that the appointment was made on Thursday. Although President Cyril Ramaphosa has yet to announce it, several sources confirmed the appointment. Ngcukaitobi is believed to be the first black advocate to be appointed directly from the Bar to the Constitutional Court in an acting capacity. As previously reported in Legalbrief Africa, Ramaphosa last month appointed judges Nambitha Dambuza-Mayosi and Katharine Savage to the court, making it one of the few women-majority apex courts in the world. Ngcukaitobi (49) was admitted to the Johannesburg Bar in 2010 and awarded silk in 2020. One of his most notable matters was the Nkandla case where, as counsel for the Economic Freedom Fighters, he helped force Parliament’s hand over former President Jacob Zuma’s handling of the scandal. He was also accused by Zuma of ‘collusion’ with former Chief Justice Raymond Zondo in relation to the State Capture Inquiry. Ngcukaitobi has acted for the victims of the Marikana massacre and participated in the successful litigation to halt Shell’s seismic blasting on the Wild Coast. He represented Ramaphosa in setting aside a report by the Public Protector concerning campaign funding in the CR17 matter.
In addition, Ngcukaitobi is on the legal team appointed by Ramaphosa in SA’s case against Israel at the International Court of Justice. The Sunday Times notes that he also represents the families of the Cradock Four in the inquest into the 1985 murders of anti-apartheid activists Matthew Goniwe, Fort Calata, Sicelo Mhlauli and Sparrow Mkhonto. Ngcukaitobi and the Office of the Chief Justice declined to comment. Ramaphosa’s spokesperson, Vincent Magwenya, did not respond to calls and messages.