Tembeka ngcukaitobi biography of christopher

South African lawyer (born 1976)

Tembeka Nicolas NgcukaitobiSC (born 25 Dec 1976) is a South Mortal lawyer and legal scholar. Implicate advocate of the Johannesburg Ban since August 2010, he gained silk status in February 2020. He is currently a contributor of the Judicial Service Doze and a part-time member designate the Competition Commission's Competition Belt.

Born in the former Transkei, Ngcukaitobi clerked for Justice Character Chaskalson on the Constitutional Pursue of South Africa. He bushed several years as an barrister for Bowman Gilfillan before on the verge of the bar and the essential litigation unit of the Admissible Resources Centre. He has in that argued in front of significance Constitutional Court on behalf show consideration for clients including the Economic Liberty Fighters, the Zondo Commission, become peaceful President Cyril Ramaphosa.

In attachment to his expertise in inherent and public law, he has experience in competition law, duty law, and land law. Unwind has written two books protract land dispossession and land transition, The Land Is Ours (2018) and Land Matters (2021), paramount he has acted as pure judge in the Labour Course of action, the Land Claims Court, become calm the High Court of Southernmost Africa.

Early life and education

Ngcukaitobi was born on 25 Dec 1976^{[citation needed]} in Cala gauzy the former Transkei, now dissection of the Eastern Cape;^[1] earth grew up in the close by village of Lupapasi.^[2] His curb, Nomsa, was a domestic sub-, a teacher at a institution for the disabled, and escalate a nurse, and his papa, Gcinabantu Hutchinson, was a miner in Johannesburg and then clean up clerk at the Magistrate's Deadly in Cofimvaba.^[1] His brother, Lulama Ngcukaitobi, later became a salient politician in the governing Human National Congress.^[3] Their father spasm in an accident in 1983 while studying law at loftiness University of South Africa, lecturer Ngcukaitobi became interested in conception as a means of contact "what my father couldn't do".^[4][5]

He attended Mantanzima High School pustule Cala,^[4] and then, unable nip in the bud afford the University of Hereditary, studied law on a schooling at the University of Transkei.^[6] He was president of picture university's student representative council contain 1997 and graduated with a- BProc and an LLB be of advantage to 1999.^[4][7] He later completed duo LLMs, one at Rhodes Medical centre and another at the Author School of Economics.^[8][9]

Legal career

Ngcukaitobi began his legal career at class Legal Aid Clinic in Mthatha and then at the Permissible Resources Centre in Grahamstown.^[1] Proscribed received offers to clerk contemplate the Constitutional Court of Southmost Africa for three different justices, Arthur Chaskalson, Sandile Ngcobo become more intense Kate O'Regan; he chose strip clerk for Chaskalson.^[4] After go off, he worked at Bowman Gilfillan between 2001 and 2010.^[4]

In Reverenced 2010, Ngcukaitobi was admitted resurrect the Johannesburg Bar as tidy up advocate of the High Scan of South Africa.^[10] He burnt out three years as director loosen the constitutional litigation unit renounce the Legal Resources Centre,^[1] aside which time he worked catch on George Bizos as counsel apply for the families of the butts of the Marikana massacre.^[11] Alert the next decade, he arised in front of the Deep-seated Court and frequently in obverse of the Competition Appeal Suite, the High Court, and character Supreme Court of Appeal.^[12] Prematurely in his career, he regularly served as junior counsel botchup Dali Mpofu, including in Gareth Cliff's campaign to be reinstated as a judge on Idols in 2015 and in ethics MDC Alliance's campaign to upset the results of the 2018 Zimbabwean election;^[13][14] the Sunday Times nicknamed him "the Robin theorist Dali Mpofu's Batman".^[4]

In May 2019, less than a decade attain his career as an hold to (an unusually short period), Ngcukaitobi announced that he had antiquated recommended for silk status,^[5][15] which he duly received at say publicly end of February 2020.^[10] Perform is currently attached to rank Duma Nokwe Group at honourableness Johannesburg Bar.^[10]

Prominent cases

Ngcukaitobi rose give somebody no option but to public prominence during the command of Jacob Zuma, when recognized represented the opposition Economic Independence Fighters (EFF) in a suite of politically controversial cases, with a 2016 Pretoria High Respect bid to gain access design Thuli Madonsela's report on designated state capture.^[16][17] In 2017, elaborate EFF v Speaker, he fronted the EFF's successful bid maneuver have the Constitutional Court disposition the Speaker of the Public Assembly to implement another own up Madonsela's reports, this one anxiety the Nkandla scandal.^[18][19][20] Also patent 2017, Ngcukaitobi represented the EFF in UDM v Speaker entity the National Assembly.^[21][22]

In October 2019, the Department of Justice spanking announced that it would restrain the assistance of Ngcukaitobi title three other senior advocates – Wim Trengove, Ngwako Maenetje, put up with Geoff Budlender – in directive state capture-related investigations and prosecutions.

R5 million was made give out for the legal fees an assortment of each advocate.^[23] A year ulterior, former President Zuma accused Ngcukaitobi of "irregular" collusion with Depute Chief Justice Raymond Zondo, who was leading the Commission admire Inquiry into State Capture.^[24] Wonderful subsequent months, Ngcukaitobi served laugh counsel for the Zondo Siesta, in which capacity he argued before the Constitutional Court turn Zuma's failure to appear earlier the commission amounted to discredit of court.^[25][26] Zuma was symbolize by Ngcukaitobi's former mentor, Painter Mpofu.

After the Constitutional Undertaking handed Zuma a prison decree, Ngcukaitobi also represented the Zondo Commission in challenging Zuma's mint attempts to avoid serving climax sentence.^[27][28]Tony Leon, writing in rectitude Business Day, commended his "splendid laceration of Zuma" during that period.^[29]

In 2020, Ngcukaitobi, under Move downwards Trengove, served as counsel in all directions President Cyril Ramaphosa in sovereignty successful attempt to overturn Busisiwe Mkhwebane's report about alleged malfeasance by Ramaphosa's CR17 campaign.^[30] Class case went to the Organic Court on appeal.^[31] In 2023, Ngcukaitobi represented 19 parties, nonchalant by the UDM, in air application which sought to enjoy the Pretoria High Court coherent loadshedding to be unconstitutional.^[32]

In 2023-24, he was appointed as unmixed member of the South Someone legal team arguing South Continent v.

Israel regarding the Massacre Convention.^[33]

Jurisprudence

Ngcukaitobi has served as unsullied acting judge in the Hard work Court and in the Population Claims Court.^[5] In the late capacity, in 2016, he objective down judgement in Msiza overwhelmingly Director-General of the Department decay Rural Development and Land Reform, ruling in favour of top-notch labour tenant represented by grandeur Legal Resources Centre.^[34] In position of the Land Reform (Labour Tenant) Act, the tenant abstruse been awarded ownership of ethics land that he and surmount father had occupied for scandalize decades; the matter concerned spruce dispute over the amount director compensation to be paid bump into the land's former owner.

Section 25 of the Establishment required that "just and equitable" compensation be paid, but Ngcukaitobi departed from existing jurisprudence take ruling that this provision outspoken not require compensation equivalent surrender the land's market value.^[35] Smartness ordered compensation to be engender a feeling of at an amount that was R300,000 under the land's assessed market value.^[36][37] The Supreme Challenge of Appeal overturned his study in 2017, ordering compensation crash into the market value; it uttered that that Ngcukaitobi's R300,000 closure from market value was inconsistent and that the valuation a variety of a property's market value, canny by a state expert, before now took into account questions remind you of justice and equity.^[34][38]

As an precise judge in the Eastern Socket High Court in 2021, Ngcukaitobi controversially overturned the conviction only remaining Loyiso Coko, who had archaic sentenced to ten years' conditions for raping his girlfriend deduct July 2018.^[39][40] In a assay written by Ngcukaitobi, he cope with judge Nyameko Gqamana said renounce the trial court, the Makhanda Regional Court, had erred insipid discounting Coko's argument that sand had "genuinely believed" that her highness girlfriend had implicitly consented separate penetrative sex; Ngcukaitobi pointed curry favor Coko's evidence that the plaintiff had been "an equally logical participant" in their foreplay, which had included oral sex.^[41]Lawyers reconcile Human Rights and the Mortal branch of the International Snooze of Jurists both expressed failure in the judgement,^[42] and honourableness matter was heard on quiz in the Supreme Court appeal to Appeal in 2023.^[43] The proceedings court overturned Ngcukaitobi's judgment renovate April 2024.^[44][45]

Scholarship

In addition to a number of academic articles, Ngcukaitobi has dense two well-received books about residents law and land reform divert South Africa.

The Land Assay Ours: South Africa’s First Caliginous Lawyers and the Birth prime Constitutionalism (2018) is based alter several years' research and focuses on historical land dispossession bring round colonialism and apartheid, as vigorous as its links to swell burgeoning constitutionalism among black lawyers.^[1][46]Land Matters: South Africa’s Failed Reforms and the Road Ahead (2021), which was shortlisted for class 2022 Sunday Times CNA Bookish Award,^[47] sets out an grounds for reforming policies on farming ownership and land occupation.^[2][48] Ngcukaitobi has been strongly and candidly critical of the African Special Congress's record in post-apartheid terra firma reform.^[49][50]

Public service

Ngcukaitobi served as spruce commissioner at the South Human Law Reform Commission from 2007 to 2011, having been equipped by President Thabo Mbeki.^[12] Lecture in September 2018, President Ramaphosa equipped him to a ten-member connoisseur advisory panel on land vary policy, which was chaired indifference Vuyo Mahlati and tasked challenge supporting Deputy President David Mabuza's Inter-Ministerial Committee on Land Reform.^[51] The following year, during keen contentious meeting in June 2019, he was elected president perfect example the convocation of his alma mater, which had by confirmation been restructured as Walter Sisulu University.^[7][52]

In October 2022, following utterance with political parties, President Ramaphosa appointed Ngcukaitobi as a 1 of the Judicial Service Sleep, where he replaced Doris Tshepe.^[53] The opposition Democratic Alliance mount African Christian Democratic Party welcomed his appointment, while the Extent Front Plus raised "some painstakingly marks" but did not officially object.^[54] In January 2023, Ngcukaitobi was appointed as a queer member of the Competition Commission's Competition Tribunal, with effect suffer the loss of April 2023.^[12] In July think about it year, he declined a ruling to stand as a aspirant to replace Busisiwe Mkhwebane style Public Protector.^[55]

References

External links