In a move that signals a significant shift for South Africa’s apex court, President Cyril Ramaphosa has appointed the formidable and renowned Advocate Tembeka Ngcukaitobi SC as an Acting Justice of the Constitutional Court.
Known as a legal titan who has shaped the nation’s jurisprudence from the podium of the International Court of Justice (ICJ) to the frontlines of the Zondo Commission, Ngcukaitobi’s elevation to the bench-effective from 1 June 2026-marks a landmark moment for the judiciary.
Appointment
By bringing one of the country’s most incisive constitutional minds into the heart of the “Green Chambers,” Ngcukaitobi’s appointment promises to inject a bold, transformative energy into the court’s deliberations during a pivotal era for South African law.
It is understood that Ngcukaitobi’s appointment was made on Thursday, but Ramapohosa is yet to announce it publicly, according to The Sunday Times.
The Citizen contacted The Judiciary and Ramaphosa’s spokesperson, Vincent Magwena, for comment. This will be included in the story once received.
Apec Court
The 49-year-old Ngcukaitobi 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.
Career
Ngcukaitobi’s ascent to the Constitutional Court bench is the culmination of a career defined by high-stakes litigation and a relentless pursuit of transformative justice.
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.
From his pivotal role in the State Capture inquiries and the Jacob Zuma Nkandla “pay back the money” case to his global recognition as part of South Africa’s legal team at the ICJ, Ngcukaitobi has consistently operated at the intersection of law and political accountability.
He was accused by Zuma of “collusion” with former Chief Justice Raymond Zondo in relation to the State Capture Inquiry.
Expertise
His expertise, however, extends far beyond the headlines; as a preeminent scholar of land law and the author of The Land Is Ours, he has spent decades championing the rights of the dispossessed, making him a uniquely qualified voice for the apex court’s deliberations on socio-economic rights and restitution.
During his acting term from June to November 2026, Ngcukaitobi is expected to bring his incisive analytical style to a range of complex constitutional challenges, particularly those involving land tenure and executive oversight.
Judicial temperament
Having already served as an acting judge in the High Court and Land Claims Court, he possesses the judicial temperament required to navigate the heavy responsibilities of the “Green Chambers.”
His appointment is seen not just as a temporary placement but as a potential litmus test for a permanent seat on the bench, ensuring that one of the country’s most brilliant legal minds is directly involved in shaping the future of South African jurisprudence.
