CV of JUSTICE S. SANDILE NGCOBO
EDUCATION
1975 B Proc (Bachelor of Law)
University of Zululand
Empangeni, South Africa
Distinctions in Constitutional Law, Mercantile Law and Accounting
1985 LL B (Bachelor of Laws)
University of Natal
Durban, South Africa
1985 Georgetown Law Centre
(Summer) International Law Institute
Washington, DC, USA
Certificate course in United States Legal System
1986 LL M (Master of Laws)
Harvard University School of Law
Cambridge, Massachusetts, USA
Concentration: Constitutional Law, Labour Law, International Legal Proces=
s, and International Human Rights
LEGAL EXPERIENCE (SUMMARY)
* Admitted as an attorney in 1981
* Law Clerk to the late The Hon. A. Leon Higginbotham Jr., former Chief J=
udge of the Third Circuit Federal Court of Appeals, USA, 1986-1987
* Admitted as an Advocate in 1988
* Judge, Industrial Court, 1993
* IMSSA Mediator in Community Conflict
* IMSSA Labour Arbitrator and Mediator
* Part-time lecturer on Constitutional Litigation, University of Natal, D=
urban
* Judge of the Western Cape High Court ,1996 -1999
* Judge of the Labour Appeal Court, 1997-1999
* Judge on the Amnesty Committee of the Truth and Reconciliation Commissi=
on,1998-1999
* Member and later Chairperson of Rules Board for Courts of Law, 1998 - 2=
004
* Acting Judge President of Labour Court and Labour Appeal Court, 1999
* Justice of the Constitutional Court of South Africa, 1999 - Present
* Visiting Professorship:
o Columbia Law School - Samuel Rubin Visiting Professor of Law, Fall 2006=
, October 2007and October 2008
o Harvard Law School - April 2008 and April 2009
* Harvard Law School, Dean David Smith Lecture Series, Fall 2006
* Yale University School of Law, Seminar on Global Constitutionalism, Sep=
tember 2006
LEGAL EXPERIENCE
CIVIL SERVICE
1977-1978 Magistrates Office
Maphumulo, South Africa
Clerk of Civil and Criminal Courts and later Public Prosecutor
PRIVATE PRACTICE
1978 -1982 K.K Mthiyane and Company
Durban, South Africa
Articled clerk and later Associate Attorney
Admitted as an attorney in 1981
1982 -1985 Legal Resources Centre
Durban, South Africa
Attorney at Law
1986 - 1987 United States Court of Appeal for the Third Circuit
Chambers of the late former Chief Judge, The Honourable A. Leon Higginbot=
ham, Jr.
Law Clerk
1986 - 1987 University of Pennsylvania
Philadelphia, Pennsylvania, USA
Research Associate to the late The Honourable A. Leon Higginbotham, Jr. R=
esearched the role of law in American and South African societies, in par=
ticular, its use to perpetuate and eradicate racial and social injustice.=
Teaching Associate law seminar: "Race Values and the American Legal Proce=
ss". Assisted in teaching the same course at Harvard and Stanford Law Sch=
ools
1987 Pepper, Hamilton & Scheetz
Philadelphia, Pennsylvania, USA
Visiting Foreign Attorney
1988 Legal Aid Services Clinic, University of Natal
(Jan to June) Durban, South Africa
Acting Director
1988-1996 P ractising Advocate
Admitted as an advocate in 1988
Durban, South Africa
Labour, Employment and Constitutional Law
1989-1992 Pepper, Hamilton & Scheetz
Philadelphia, Pennsylvania, USA
Associate Attorney
JUDICIAL APPOINTMENTS
1993 Industrial Court
South Africa
Presiding Officer
1994 Independent Electoral Commission
Presiding Officer
1996-1999 Western Cape High Court
Judge
1997-1999 Labour Appeal Court
Judge and later Acting Judge President
1998 -1999 Truth and Reconciliation Commission
Judge, Amnesty Committee
1999- Constitutional Court of South Africa
Present Justice
ACADEMIC APPOINTMENTS
1988 University of Natal
Durban, South Africa
Part-time Lecturer
Race Legislation
1995 University of Natal
Durban, South Africa
Part-time lecturer
Constitutional Litigation
Fall 2001 New York University School of Law
New York, New York, USA
Visiting Scholar
Researching Court Administration and Rulemaking authority
Columbia Law School
New York, New York, USA
Fall 2006 Samuel Rubin Visiting Professor of Law
October 2007 Visiting Professor
October 2008 Visiting Professor
Teaching a Seminar on Judicial Enforcement of Socio-economic Rights
Harvard University School of Law
Cambridge, Massachusetts, USA
Fall 2006 Dean David Smith Lecture Series
April 2008 Visiting Professor
April 2009 Visiting Professor
Teaching a Seminar on Judicial Enforcement of Socio-economic Rights
Sept 2006 Yale University School of Law
New Haven, Connecticut, USA
Participant
Seminar on Global Constitutionalism
MEMBERSHIPS
1993-1998 Centre for Socio-Legal Studies, University of Natal
Equal Opportunities Project
Trustee, Co-ordinator
1998-2004 Rules Board for Courts of Law
Member and later Chairperson
OTHER EXPERIENCE
1975 Barclays National Bank
Bank Clerk
PUBLICATIONS
"Delivery of Justice: Agenda for Change," The South African Law Journal, =
Volume 120, Part 4, 2003 at p. 688.
"Truth, justice, and amnesty in South Africa: Sins from the Past and Less=
ons for the Future" in lus Gentium, (Journal of the University of Baltimo=
re Center for International and Comparative Law) Volume 8, Fall 2002, at =
p. 1.
"The meaning of Article 4(1) of the UN Convention on the Elimination of A=
ll Forms of Discrimination Against Women: a South African perspective", a=
=20paper presented at an expert meeting of the UN on the Elimination of A=
ll Forms of Discrimination Against Women (CEDAW) held in Valkenburg (Neth=
erlands) 10-12 October 2002. The paper is now published in a book: Tempor=
ary Special Measures, Edited by Boerefinjn and Others published by Inters=
entia, New York.
"De Jure Housing Segregation in the United States and South Africa: The D=
ifficult Pursuit for Racial Justice", with the late The Honourable A. Leo=
n Higginbotham, Jr. And Prof. F. Michael Higginbotham, published in the U=
niversity of Illinois Law Review, Volume 1990, Number 4, at p. 763.
Co- authored a chapter on "Introduction to the Employment and Immigration=
=20Laws of the US for the Foreign Investor", in a book titled "Business O=
pportunities in the United States: The Complete Reference Guide to Practi=
ces and Procedures" Edited by R.F. Cushman & R. Lawrence Soares, publishe=
d by Richard D. Irwin Inc., May 1992.
"Administration of Black Townships", Para-Legal Manual (Durban: Legal Res=
ources Centre, 1982).
OTHER LAW RELATED ACTIVITIES
* Keynote addresses on the Role of the Judiciary in the Enforcement of So=
cio-Economic Rights in Dublin, Cambridge and New York.
* Conducting seminars on Judgment writing for magistrates in KwaZulu-Nata=
l, Northern Cape, North West and Western Cape.
* Conducting seminars on Judgment Writing for newly appointed and aspiran=
t judges.
* Translation of the Rules of the Constitutional Court into other languag=
es.
* Regular guest on a phone-in Sunday Educational programme - Umthethosise=
kelo ran by Ukhozi FM in 1994.
* Elected by the Second Conference of Judges to establish a committee tha=
t will give effect to and monitor the implementation of decisions taken a=
t the Conference.
FELLOWSHIPS/SCHOLARSHIPS
1973-1976 Barclays Bank Scholarship
1985-1986 Fulbright Scholarship
1986 Harvard Law School Human Rights Fellowship
AREAS OF INTEREST
Comparative Constitutional Law, Role of the Judiciary in the Enforcement =
of Socio-Economic Rights, and International Public Law.
PERSONAL
DATE OF Born March 1, 1953, Durban, South Africa
BIRTH
MARITAL Married to Zandile Ngcobo
STATUS
CHILDREN One daughter, Nokwanda, and two sons, Ayanda and Manqoba
DETENTION 1976-1977
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Subject: CV of JUSTICE S. =
SANDILE
NGCOBO
CV of JUSTICE S. SANDILE NGCOBO
EDUCATION
1975 B Proc (Bachelor of Law)
University of Zululand
Empangeni, South Africa
Distinctions in Constitutional Law, Mercantile Law and Accounting
1985 LL B (Bachelor of Laws)
University of Natal
Durban, South Africa
1985 Georgetown
Law Centre
(Summer) International Law Institute
Washington, DC, USA
Certificate course in United States Legal System
1986 LL M (Master of Laws)
Harvard=
=20University Scho=
ol
of Law
Cambridge, Massachusetts, USA
Concentration: Constitutional Law, Labour Law, International Legal Proces=
s, and
International Human Rights
LEGAL EXPERIENCE (SUMMARY)
• Admitted as an attorney in 1981
• Law Clerk to the late The Hon. A. Leon Higginbotham Jr., former C=
hief Judge
of the Third Circuit Federal Court of Appeals, USA, 1986-1987
• Admitted as an Advocate in 1988
• Judge, Industrial Court, 1993
• IMSSA Mediator in Community Conflict
• IMSSA Labour Arbitrator and Mediator
• Part-time lecturer on Constitutional Litigation, University
of Natal, Durban
• Judge of the Western Cape High Court ,1996 -1999
• Judge of the Lab=
our Appeal Court,
1997-1999
• Judge on the Amnesty Committee of the Truth and Reconciliation
Commission,1998-1999
• Member and later Chairperson of Rules Board for Courts of Law, 19=
98 - 2004
• Acting Judge President of Labour
=20 Court and Labour Appeal Court, 1999
• Justice of the Constitutional Court of South Africa, 1999 - Prese=
nt
• Visiting Professorship:
o Columbia Law School
- Samuel Rubin Visiting Professor of Law, Fall 2006, October 2007and Octo=
ber
2008
o Harvard Law School
- April 2008 and April 2009
• Harvard Law School,
Dean David Smith Lecture Series, Fall 2006
• Yale University Scho=
ol
of Law, Seminar on Global Constitutionalism, September 2006
LEGAL EXPERIENCE
CIVIL SERVICE
1977-1978 Magistrates Office
Maphumulo, South Africa
Clerk of Civil and Criminal Courts and later Public Prosecutor
PRIVATE PRACTICE
1978 -1982 K.K Mthiyane and Company
Durban, =
South Africa
Articled clerk and later Associate Attorney
Admitted as an attorney in 1981
1982 -1985 Legal Resources Centre
Durban, South Africa
Attorney at Law
1986 - 1987 United States Court of Appeal for the Third Circuit
Chambers of the late former Chief Judge, The Honourable A. Leon Higginbot=
ham,
Jr.
Law Clerk
1986 - 1987 University of P=
ennsylvania
Philadelphia, Pennsylvania, =
USA
Research Associate to the late The Honourable A. Leon Higginbotham, Jr.
Researched the role of law in American and South African societies, in
particular, its use to perpetuate and eradicate racial and social injusti=
ce.
Teaching Associate law seminar: “Race Values and the American Legal=
=20Process”.
Assisted in teaching the same course at Harvard and Stanford Law
=20Schools
1987 Pepper, Hamilton & Scheetz
Philadelphia, Pennsylvania, =
USA
Visiting Foreign Attorney
1988 Legal Aid Services Clinic, University
=20of Natal
(Jan to June) Durban, South Africa
Acting Director
1988-1996 P ractising Advocate
Admitted as an advocate in 1988
Durban, South Africa
Labour, Employment and Constitutional Law
1989-1992 Pepper, Hamilton & Scheetz
Philadelphia, Pennsylvania, =
USA
Associate Attorney
JUDICIAL APPOINTMENTS
1993 Industrial Court
South Africa
Presiding Officer
1994 Independent Electoral Commission
Presiding Officer
1996-1999 Western Cape High Court
Judge
1997-1999 Labour Appeal =
Court
Judge and later Acting Judge President
1998 -1999 Truth and Reconciliation Commission
Judge, Amnesty Committee
1999- Constitutional Court of South Africa
Present Justice
ACADEMIC APPOINTMENTS
1988 University
=20of Natal
Durban, South Africa
Part-time Lecturer
Race Legislation
1995 University
=20of Natal
Durban, South Africa
Part-time lecturer
Constitutional Litigation
Fall 2001 New York University School
of Law
New York, New
=20 York, USA
Visiting Scholar
Researching Court Administration and Rulemaking authority
Columbia Law School
New York, New Y=
ork,
USA
Fall 2006 Samuel Rubin Visiting Professor of Law
October 2007 Visiting Professor
October 2008 Visiting Professor
Teaching a Seminar on Judicial Enforcement of Socio-economic Rights
Harvard University
School of Law
Cambridge, Massachusetts, USA
Fall 2006 Dean David Smith Lecture Series
April 2008 Visiting Professor
April 2009 Visiting Professor
Teaching a Seminar on Judicial Enforcement of Socio-economic Rights
Sept 2006 Yale University School of Law
New Haven, Connecticut, U=
SA
Participant
Seminar on Global Constitutionalism
MEMBERSHIPS
1993-1998 Centre for Socio-Legal Studies, University of N=
atal
Equal Opportunities Project
Trustee, Co-ordinator
1998-2004 Rules Board for Courts of Law
Member and later Chairperson
OTHER EXPERIENCE
1975 Barclays National Bank
Bank Clerk
PUBLICATIONS
“Delivery of Justice: Agenda for Change,” The South African L=
aw Journal, Volume
120, Part 4, 2003 at p. 688.
“Truth, justice, and amnesty in South
=20 Africa: Sins from the Past and Lesso=
ns for
the Future” in lus Gentium, (Journal of the University of Baltimore=
=20Center for
International and Comparative Law) Volume 8, Fall 2002, at p. 1.
“The meaning of Article 4(1) of the UN Convention on the Eliminatio=
n of All
Forms of Discrimination Against Women: a South African perspective”=
, a paper
presented at an expert meeting of the UN on the Elimination of All Forms =
of
Discrimination Against Women (CEDAW) held in Valkenburg (Netherlands) 10-=
12
October 2002. The paper is now published in a book: Temporary Special Mea=
sures,
Edited by Boerefinjn and Others published by Intersentia, New York.
“De Jure Housing Segregation in the United States
and South Africa:
The Difficult Pursuit for Racial Justice”, with the late The Honour=
able A. Leon
Higginbotham, Jr. And Prof. F. Michael Higginbotham, published in the University of Illinois Law Review, Volume 19=
90, Number
4, at p. 763.
Co- authored a chapter on “Introduction to the Employment and Immig=
ration Laws
of the US for the Foreign Investor”, in a book titled “Busine=
ss Opportunities
in the United States: The Complete Reference Guide to Practices and Proce=
dures”
Edited by R.F. Cushman & R. Lawrence Soares, published by Richard D. =
Irwin
Inc., May 1992.
“Administration of Black Townships”, Para-Legal Manual (Durba=
n: Legal Resources
Centre, 1982).
OTHER LAW RELATED ACTIVITIES
• Keynote addresses on the Role of the Judiciary in the Enforcement=
=20of
Socio-Economic Rights in Dublin, Cambridge and New
=20 York.
• Conducting seminars on Judgment writing for magistrates in KwaZulu-Natal,
Northern Cape, =
North West
and Western Cape.
• Conducting seminars on Judgment Writing for newly appointed and a=
spirant
judges.
• Translation of the Rules of the Constitutional
=20 Court into other languages.
• Regular guest on a phone-in Sunday Educational programme – =
Umthethosisekelo
ran by Ukhozi FM in 1994.
• Elected by the Second Conference of Judges to establish a committ=
ee that will
give effect to and monitor the implementation of decisions taken at the
Conference.
FELLOWSHIPS/SCHOLARSHIPS
1973-1976 Barclays Bank Scholarship
1985-1986 Fulbright Scholarship
1986 Harvard Law School
Human Rights Fellowship
AREAS OF INTEREST
Comparative Constitutional Law, Role of the Judiciary in the Enforcement =
of
Socio-Economic Rights, and International Public Law.
PERSONAL
DATE OF Born March 1, 1953, =
Durban,
=20South Africa
BIRTH
MARITAL Married to Zandile Ngcobo
STATUS
CHILDREN One daughter, Nokwanda, and two sons, Ayanda and Manqoba
DETENTION 1976-1977