By Lehlohonolo Lehana.
The South African legal team that represented the country in its case against Israel for genocide in Gaza at the International Court of Justice (ICJ) returned to a hero’s welcome at OR Tambo International Airport on Sunday, 14 January.
South Africa asked the International Court of Justice to order Israel to immediately stop the war, alleging it has violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which was drawn up in the aftermath of World War II and the Holocaust.
The convention defines genocide as acts such as killings “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
Advocates Tembeka Ngcukaitobi, John Dugard, Max du Plessis and Adila Hassim are among senior counsel in the case where South Africa is accusing Israel of violating the Genocide Convention.
The director-general of the Department of Justice, Doctor Mashabane has praised the South African legal team that represented the country at the International Court of Justice (ICJ).
They were welcomed by a cheerful and colourful crowd waving South African and Palestinian flags at the O.R Tambo International Airport.
Addressing the crowd, Ngcukaitobi described the experience as humbling, stressing that this was just an “episode in a long struggle.”
“The overall struggle itself will continue beyond this. But we have been very humbled that we have been able to contribute a very small part to an otherwise long and courageous struggle of the Palestinian people,” said Ngcukaitobi.
Ngcukaitobi is an excellent senior counsel, despite one misplaced legal argument in a rape case, which benefited the accused and caused much controversy.
He is trusted by government and opposition parties to take on cases of public interest.
Ngcukaitobi gained public prominence during the tenure of former president Jacob Zuma. He grew in popularity after forming part of the legal team of the Economic Freedom Fighters, South Africa’s second largest opposition, that successfully argued in the Pretoria High Court for former public protector Thuli Madonsela’s “state of capture report” to be made public. This allowed unprecedented transparency around a very controversial document and eventually led to the establishment of the judicial commission into state capture.
Ngcukaitobi also represented the State Capture Commission in its successful application to have Zuma jailed for contempt of the Constitutional Court.
He has served as counsel in a successful bid to overturn former public protector Busisiwe Mkhwebane’s report on alleged misconduct during Ramaphosa’s campaign to lead the African National Congress (ANC). This added to the evidence which led to Mkhwebane’s parliamentary impeachment in 2023.
In 2023 he represented 19 political parties in an application at the Pretoria High Court to declare the country’s scheduled power cuts unconstitutional.
Other members of the South African team are junior counsel: Tshidiso Ramogale, Sarah Pudifin-Jones and Lerato Zikalala.