Senior counsel Tembeka Ngcukaitobi has been appointed as an acting judge to the Constitutional Court.
The Sunday Times has learnt that the appointment was made on Thursday. Although President Cyril Ramaphosa has yet to announce it publicly, several sources have confirmed the appointment.
Ngcukaitobi, 49, is believed to be the first black advocate to be appointed directly from the Bar to the Constitutional Court in an acting capacity.
Last month Ramaphosa announced the appointment of judges Nambitha Dambuza-Mayosi and Katharine Savage to the court, making it one of the few woman-majority apex courts in the world.
Ngcukaitobi is a respected legal scholar and practitioner, known for his expertise in constitutional and public law. He was admitted to the Johannesburg Bar in 2010 and awarded silk (senior counsel status) in 2020, at a point when his career was already characterised by high-profile litigation, particularly in holding state institutions accountable and advocating for land reform.
Ngcukaitobi and the office of the chief justice declined to comment on the reported appointment, directing queries to Ramaphosa’s office
One of his most notable matters was the Nkandla case, where — as counsel for the EFF — he helped force parliament’s hand over former president Jacob Zuma’s handling of the scandal.
He was 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. He is also part of the legal team appointed by Ramaphosa in South Africa’s case against Israel at the International Court of Justice relating to allegations of genocide in Gaza.
He 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 on the reported appointment, directing queries to Ramaphosa’s office.
The president’s spokesperson, Vincent Magwenya, did not respond to calls and messages.
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