Ngcukaitobi’s swearing in as Acting Justice of the Constitutional Court a ‘significant milestone’ in journey to transformation

A quarter century after young law graduate Tembeka Ngcukatobi served as a judge’s clerk for then-President of the Constitutional Court, Justice Arthur Chaskalson, the now-prominent Senior Counsel was sworn in himself on Thursday as an Acting Justice, formally assuming his new role at South Africa’s highest court.

Swearing to be faithful to the Republic of South Africa, uphold and protect the Constitution and the human rights entrenched in it, and administer justice to all without fear, favour or prejudice, in accordance with the Constitution and the law, Ngcukaitobi took the oath of office before Deputy Chief Justice Dunstan Mlambo.

His acting appointment runs from 1 June to 30 November 2026.

In a move that was widely welcomed, President Cyril Ramaphosa announced in early May that Ngcukatobi SC, one of South Africa’s most prominent silks and a renowned constitutional lawyer and scholar, would be added to the highest court.

“It is good to see a merit based appointment to the highest court of the land,” shared senior Zimbabwean lawyer and human rights defender Arnold Tsunga, the Principal Managing Partner of pan-African law firm Tsunga Bamu Law International.

“This helps a lot to consolidate public trust and confidence in an important governance organ,” added Tsunga. “The credibility of the judiciary is key to entrenching the rule of law in any country and South Africa has taken a good step given the type of court, and skills and craft competence needed for that court.”

Reportedly the first black advocate appointed directly from the Bar to serve as an acting judge of the Constitutional Court, Ngcukaitobi is a law graduate of University of Transkei (now merged into what’s become Walter Sisulu University). He later went on to earn LLMs from both Rhodes University and the London School of Economics.

Growing up in a rural village in the Eastern Cape, Ngcukaitobi was inspired to study law after he discovered his former mine worker father, who passed away when Ngcukaitobi was six years old, had himself begun to study law at the University of South Africa after also working as a clerk at the Magistrate’s Court in Cofimvaba.

“In Xhosa tradition, one year after someone passes away, there is a ceremony in which his possessions are distributed to the family,” shared Ngcukaitobi with the Sunday Times in 2016. “I spotted these huge law books, and asked my mother what was going on. She said he was doing his first year of law at Unisa. That stayed with me throughout my life. I had a one-track mind: I wanted to do what my father couldn’t do.”

Following graduation, the now Acting Justice began his career at a legal aid clinic in the Eastern Cape. before clerking at the Constitutional Court. Ngcukaitobi later worked at leading pan-African law firm Bowmans for almost a decade, and spent three years as Director of the Constitutional Litigation Unit at the Legal Resources Centre, including acting for the families of the victims of the Marikana massacre.

In the years since, Ngcukaitobi has become one of South Africa's most prominent advocates, appearing in several high-profile constitutional and public interest cases. Previously a junior for Senior Counsel Dali Mpofu, he took silk himself in early 2020.