Tembeka Ngcukaitobi


Adv Tembeka Nicholas Ngcukaitobi is a South African lawyer, public speaker, author and political activist. He is a member of the South African Law Reform Commission. Ngcukaitobi has authored the book The Land Is Ours: South Africa's First Black Lawyers and the birth of Constitutionalism.

Early years

Ngcukaitobi studied his undergraduate at the University of Transkei and finished his LLB at Rhodes University. Early in his career, he served as law clerk to Chief Justice Arthur Chaskalson at the Constitutional Court of South Africa. Ngcukaitobi worked at the Legal Resources Centre, a leading South African public interest law centre, first as a candidate attorney and later as Director of its Constitutional Litigation Unit. Apart from his well known role as an advocate, Tembeka is also an Acting Judge at the Land Claims Court of South Africa, with his notable work in that regard being the . He played a critical role in the removal of the Former President of South Africa Jacob Zuma by initially arguing in the Constitutional Court on the that the Public Protector's remedial actions—that the President must pay back the money claimed to be for security upgrades—were binding. The implications of such an argument was that Zuma had broken his oath of office, a view which the Court ultimately held. In what became known as in 2017, Ngcukaitobi argued that the Speaker of the National Assembly had a discretion to allow members of parliament to vote anonymously, in a bid to oust Zuma.
He holds the degrees of BProc, LLB, LLM and LLM. He is currently working with the international legal team that is representing the major opposition political party in Zimbabwe after the deadly elections. In 2019, he became a senior counsel after practising law as an advocate for only 8 years, an enormous achievement in light of the status typically obtained by older advocates given the 10 to 15 years minimum requirement.