Tembeka Ngcukaitobi sworn in as acting Constitutional Court justice

Advocate Tembeka Ngcukaitobi SC has been sworn in as an Acting Justice of the Constitutional Court of South Africa, formally assuming duties at the country’s highest court.

Oath and term

Ngcukaitobi took the oath of office before Deputy Chief Justice Dunstan Mlambo on Thursday. His acting appointment runs from 1 June to 30 November 2026. During the ceremony he pledged to be faithful to the Republic of South Africa, to uphold and protect the Constitution and the human rights entrenched in it, and to administer justice to all people without fear, favour or prejudice, in accordance with the Constitution and the law.

Appointment and background

President Cyril Ramaphosa appointed Ngcukaitobi as an Acting Justice of the Constitutional Court last month. Ngcukaitobi is described in the source as one of South Africa’s most prominent advocates and has appeared in several high-profile constitutional and public interest cases.

According to IOL, he is believed to be the first black advocate appointed directly from the Bar to serve as an acting judge of the Constitutional Court.

Broader judicial changes

According to IOL, Ramaphosa also recently appointed Judges Nambitha Dambuza-Mayosi and Katharine Savage to the Constitutional Court, making it one of the few woman-majority apex courts globally.

Reaction from Afrika Mayibuye Movement

The Afrika Mayibuye Movement welcomed Ngcukaitobi’s appointment and described it as “a significant milestone not only in his distinguished career but also in the ongoing journey towards transformative constitutionalism and a just and equitable society.”

They said Ngcukaitobi would bring “exceptional intellectual depth principled insight and transformative value to South Africa’s jurisprudence thereby strengthening the judiciary’s role in advancing substantive justice.”

The movement described him as a “principled focused and genuine lawyer” with a “deep commitment to thoroughgoing transformative constitutionalism,” and commended his contribution to public discourse on land reform, saying he had shown “unwavering focus on advancing the rights of the marginalised.”

The organisation also highlighted his books, The Land Is Ours: South Africa’s First Black Lawyers and the Birth of Constitutionalism (2018) and Land Matters: South Africa’s Failed Land Reforms and the Road Ahead (2021), describing them as “essential references in discussions on land dispossession land reform and constitutional development.”

In closing, the movement said the appointment signals “a reassuring depth in our pool of legal talent” and wished Ngcukaitobi “strength clarity and steadfastness as he takes up this noble duty,” adding that his tenure should produce judgments that “advance substantive justice and inspire future generations.”

What this means

The swearing-in places Ngcukaitobi on the Constitutional Court bench for a fixed acting term and brings a prominent public-interest advocate into the apex court’s deliberations. His appointment, and the recent judicial appointments named by IOL, contribute to the changing composition of South Africa’s highest court.

According to IOL, the details above reflect reporting on Ngcukaitobi’s swearing-in and related reactions.