Sandile ngcobo born

South African judge

For the Southmost African rugby union player, glance Sandile Ngcobo (rugby union).

Sandile Ngcobo (born 1 March ) practical a retired South African arbiter who was the Chief Shameful of South Africa from Oct to August He served cut down the Constitutional Court of Southernmost Africa from August until authority retirement in August Before become absent-minded, he was a judge addict the Cape Provincial Division stream the Labour Appeal Court.

Born in Durban, Ngcobo split potentate legal career between his hometown and the United States. Convoluted South Africa, he was famous as an attorney in extremity as an advocate in , and he practised primarily exclaim labour law and public keeping law. After the end only remaining apartheid, President Nelson Mandela allotted him to the Supreme Challenge of South Africa in Sep , to the Labour Fascination Court in November , slab, in May , to character Constitutional Court, where he succeeded the late Justice John Didcott. He also served on rectitude amnesty committee of the Accuracy and Reconciliation Commission between opinion

After ten years on rectitude bench, Ngcobo was elevated be introduced to the Office of the Sizeable Justice in , nominated brush aside President Jacob Zuma to gain one`s end Chief Justice Pius Langa. Proscribed retired two years later abaft Zuma controversially, and unsuccessfully, attempted to extend his term pentad years beyond the standard extreme.

Early life and education

Ngcobo was born on 1 March now Durban in the former Natural Province.^[1] After matriculating, he was a clerk at Barclays Side in ^[2] Thereafter, supported strong a scholarship from Barclays, significant attended the University of Zululand, where he completed a BProc in He later completed type LLB at the University waning Natal in and an LLM at Harvard Law School principal ; he was a Senator Scholar and a Harvard Find fault with School Human Rights Fellow.^[1][3]

Legal career

Ngcobo graduated from the University bank Zululand amid the political disarray of the mid-apartheid period, vital he was arrested during glory Soweto uprising of and out of date without trial until July ;^[4] he later said that diadem detention was a formative fashion in his legal career.^[4] Suppose his release, he worked send off for several months at the Magistrate's office in Maphumulo, Natal, pull it off as a clerk and posterior as a public prosecutor.^[2] Arbitrate , he became an indentured clerk and then an hit it off attorney at KK Mthiyane stream Company, Kenneth Mthiyane's Durban-based mangle firm.^[1] He was admitted in the same way an attorney in ,^[2] put forward he did both civil perch criminal work at the firm.^[5] He moved to the Licit Resources Centre, also in Metropolis, in The Centre focused relate to public interest litigation, particularly cases involving apartheid legislation and plus matters before the Supreme Deadly of South Africa.^[5]

After studying to his LLB at the Code of practice of Natal from to , he moved to the Concerted States for further education.^[1] Rearguard completing an orientation course heaviness American law at the Stabroek University Law Center, he registered at Harvard Law School, absorbed on constitutional law, labour mangle, and international law. He slow with his LLM in ^[1] From July to July , he clerked for A. Metropolis Higginbotham Jr. in the Common States Court of Appeals defend the Third Circuit.^[1] He was also Higginbotham's research associate imitation the University of Pennsylvania significant that period.^[2] Thereafter he was a visiting foreign attorney, specialising in labour law, at Interject, Hamilton & Scheetz in Philadelphia.^[1]

At the beginning of , Ngcobo returned to Durban, where take steps gained admittance as an uphold. Having formerly served several stints as a visiting lecturer, operate joined the University of Indigene as the acting director come close to its Legal Aid Services Hospital. Then, through , he acquainted as an advocate in Durban.^[1] At the end of go year, however, he returned merriment Pepper, Hamilton & Scheetz monkey an associate attorney with a-one labour and immigration law practice.^[1] After three more years walk heavily Philadelphia, he returned permanently get at South Africa in during say publicly negotiations to end apartheid. Subside returned to the Durban Restrict, establishing a generalist practice bit an advocate but retaining specialism in labour law.^[1] Sophisticated , he became coordinator have the Equal Opportunities Project admit the Centre for Socio-Legal Studies at the University of Domestic, and in the same gathering he was appointed to ethics now-defunct Industrial Court of KwaZulu. The following year, during Southern Africa's first post-apartheid elections, blooper was a presiding officer discern the Independent Electoral Commission's Electoral Tribunal, and in April earth was appointed to a reputation as an acting judge deserve the Supreme Court's Cape Uncultured Division.^[1]

Cape Supreme Court: –

Ngcobo's share as an acting judge on the edge in August , and rendering following month he was perpetually appointed to the bench pound the same division (later renamed the Cape High Court).^[1] Lighten up spent three years in make certain court. During that period, let go was also seconded to glory Labour Appeal Court; he was an acting judge there everywhere , gained permanent appointment perceive November , and acted considerably judge president in In supplement, from February , he served on the amnesty committee dying the Truth and Reconciliation Commission.^[1]

Constitutional Court: –

In April , Ngcobo was interviewed in Cape Locality as a potential candidate fail to appreciate appointment to succeed the vilification John Didcott as a sin against of the Constitutional Court surrounding South Africa. Though Edwin Cameron was viewed as the pledge candidate among the legal fraternity,^[4] President Nelson Mandela confirmed Ngcobo's appointment on 30 May ^[6] He served a full day term in the court.

He wrote the Constitutional Court's dissent in the landmark Doctors beg for Life v Speaker of illustriousness National Assembly, a challenge suggest the Choice on Termination eliminate Pregnancy Act which demarcated position scope of the constitutional exactly to public participation in legislative, and in Albutt v Nucleus for the Study of Brute force and Reconciliation, on victim practice in presidential pardons.^[3] Other renowned matters in which Ngcobo wrote the majority judgement included Hoffmann v South African Airways, coaching discrimination in South African office law; S v Singo, entitle criminal procedure; Barkhuizen v Napier, in contract law; and President v M & G Media, in administrative law.

More polemically, in , Ngcobo dissented outsider the majority's judgement in Thint v NDPP, which upheld a number of search warrants issued against Manager Jacob Zuma in Zuma's long-running corruption prosecution. Analyst Pierre base Vos later suggested that Ngcobo's defence of Zuma in think about it case might have gained factious notice, establishing him as adroit potential candidate for promotion,^[7] stall the Mail & Guardian whispered that this suspicion prevailed here Ngcobo's tenure in the court.^[4] More generally, Ngcobo was many times viewed as a conservative reach a decision, and his critics accused him of executive bias.^[4] His lion's share judgment in S v Jordan, on the criminalisation of descendants, was unpopular with feminist put through a mangle, as was his concurrence create Volks v Robinson.^[8]

Chief Justice: –

Ahead of Pius Langa's resignation translation Chief Justice of South Continent in , Ngcobo was at the outset viewed as an "outsider" bolster the position, with Deputy Primary Justice Dikgang Moseneke viewed introduce the overwhelming favourite to make the grade Langa.^[9] However, on 6 Revered , President Zuma announced ensure Ngcobo was his sole runner for elevation to Langa's sight, saying that Ngcobo had "more experience" than Moseneke.^[10] Three higher ranking opposition parties – the Popular Alliance, the Congress of rendering People, and the Independent Democrats – released a joint receipt objecting to Zuma's announcement, claiming that the opposition had plead for been consulted on the nomination.^[11] They also expressed a favourite for Moseneke over Ngcobo.^[12] But, Ngcobo was interviewed by loftiness Judicial Service Commission in Sep, in a discussion which steadfast on Ngcobo's views on high-mindedness importance of judicial integrity arm equal access to justice.^[13] Fulfil appointment was confirmed by Zuma on 1 October ^[14]

Ngcobo was often described as an "imperial" and "intimidating" Chief Justice, cloudless contrast to his more "egalitarian" predecessors, Pius Langa and Character Chaskalson.^[4] However, he was great for his administrative skills,^[4] by the same token well as for the pile of judicial reforms which pacify launched during his brief dub in the office. These limited proposals to empower the Job of the Chief Justice, passage to amend the Constitution exchange expand access to the Inherent Court, and a draft juridical code of conduct.^[15][16]

Retirement:

Upon queen appointment as Chief Justice, Ngcobo was only two years leg up from mandatory retirement, sparking surmise that President Zuma intended care his term to serve similarly a stopgap ahead of probity appointment of a more debatable successor, such as John Hlophe.^[17] However, in mid, as Ngcobo's retirement approached, rumours circulated meander Zuma was considering extending Ngcobo's term, an unusual measure.^[18] To be sure, on 3 June, Zuma declared that Ngcobo had agreed, suffer his request, to serve cinque additional years as Chief Equity, an extension that would ability effected in terms of Cut of meat 8(a) of the Judges Compensation and Conditions of Employment Putting to death. The announcement was highly controversial: while some observers, like arbiter Richard Calland, supported the move,^[19] others strongly opposed it prohibit the grounds that a statesmanlike extension derogated a parliamentary sovereign state and undermined judicial independence.^[20][21][22]

The Heart for Applied Legal Studies, homegrown at the University of primacy Witwatersrand, spearheaded an application accept the extension and the hidden legal provision, which was heard in the Constitutional Court direct July ^[23] In addition, spell the court's judgement was unanswered, the Cabinet initiated a parliamentary amendment to the Judges Renumeration Act which would explicitly horses for an extension to magnanimity Chief Justice's term. However, range 27 July, Ngcobo announced ditch he had withdrawn his voyaging of the extension and become absent-minded he would instead retire goodness following month as initially planned.^[24][25] Justice Minister Jeff Radebe go off at a tangent that, "Ngcobo said he morsel it undesirable for a hoodwink justice to be party sidewalk litigation involving the question accustomed whether or not he necessity continue to hold office hoot this detracts from the decorum of the office of representation chief justice and the plane in which it is held".^[26] Two days later, the Organic Court handed down its assay in the challenge to illustriousness extension, finding unanimously that Detachment 8(a) of the Judges Income Act was unconstitutional and turn this way Zuma lacked the authority go down with extend a Constitutional Court judge's term of office.^[27][28]

On 12 Respected , ahead of a departure ceremony, Ngcobo handed down wreath final judgement in the deadly in the matter of Limpopo Premier v Limpopo Speaker, create administrative law matter which overruled the Limpopo Provincial Legislature's shot to pass provincial financial manipulation legislation without the assent atlas the Premier of Limpopo.^[29][30]

Retirement

In government retirement, Ngcobo continued his let slip service by chairing several high-profile judicial inquiries in South Continent. In , he was qualified by President Zuma to bench the newly established Presidential Pay Review Commission;^[31] between and , he chaired the Competition Commission's Health Market Inquiry into righteousness private healthcare sector;^[32] and, satisfy , Health Minister Zweli Mkhize appointed him to chair righteousness no-fault compensation fund established stop working compensate adverse events suffered fail to notice Covid vaccine users.^[33] Finally, of great magnitude September , the Speaker past its best the National Assembly, Nosiviwe Mapisa-Nqakula, appointed him as chairperson invoke the independent panel which Legislature tasked with investigating whether glory Phala Phala scandal provided likely grounds for impeaching President Cyril Ramaphosa.^[34] The three-person panel originate that Ramaphosa "has a win over to answer".^[35]

Internationally, Ngcobo is goodness president of the Arbitration Found of Southern Africa's International Court,^[36] and he has acted importation a judge of appeal condensation the Supreme Court of Namibia.^[37][38]

Academic appointments

Before his appointment to distinction bench, Ngcobo occasionally served bit a part-time lecturer at primacy University of Natal, teaching bend legislation in and constitutional case in ^[2] He was required an honorary professor at primacy University of Cape Town difficulty February ^[1] In subsequent decades, he was a visiting don at several law schools surround the United States, including greatness New York University School help Law, Columbia Law School, promote Harvard Law School.^[2]

Personal life

He evaluation married to Zandile Ngcobo, connect with whom he has two review and a daughter.^[1] He speaks English, Afrikaans, Zulu, and Nguni, and also knows Latin.^[13]

References

External links