Ngcukaitobi/ Appointing Ngcukaitobi as acting high court judge, a proud milestone

Ewe, le ntokakadeyintoyaloonto. Thina, ntozaziyo, asothukanganto (what has happened did not come as a surprise).

This a line from one of Xhosa poet SEK Mqhayi’s works.

There could not have been a better way to react to the appointment of advocate Tembeka Ngcukaitobi SC as an acting judge of the high court, starting in May 2021.

The appointment marks the beginning of what many in the legal fraternity refer to as the progressive judiciary which carries no burden of the apartheid regime mindset.

There have been trust, credibility and legitimacy issues in the judiciary post-1994 about judges who presided during apartheid and have been entrusted to uphold the constitution of the democratic dispensation.

Many argue changing laws and the constitution does not automatically mean a change of heart.

Ngcukaitobi does not carry such a burden.

The young senior counsel is a product of the democratic dispensation.

As young boy growing up at eLuphaphasi village outside Cala, Ngukaitobi dreamt of playing a role in the betterment of the black community, particularly those from a similar background to his.

He has always been guided by the teachings of Professor Mangaliso Sobukwe and believes there is one race, the human race.

He used his education to lead the students’ struggle to ensure the doors of learning were open for all races.

Section 175 (2) of the constitution empowers the cabinet member responsible for the administration of justice to appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve.

Among other characteristics, the appointee is expected to be a person of integrity and with the necessary energy and motivation.

It is clear justice & correctional services minister Ronald Lamola and senior judge(s) in the Makhanda and Mthatha high courts found Ngcukaitoti to be hard working, intelligent, knowledgeable and ‘ripe’ for appointment as acting judge.

Many in the legal fraternity are proud of this milestone and confident that more competent young lawyers will be considered for judicial appointments in the future to carry the constitutional mandate forward.

As young boy growing up at eLuphaphasi village outside Cala, Ngukaitobi dreamt of playing a role in the betterment of the black community, particularly those from a similar background to his. He has always been guided by the teachings of Professor Mangaliso Sobukwe and believes there is one race, the human race.