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Advocate Nceba Dukada SC

Capacity: Advocate (Admitted 1990)
Further Appointments: Senior Counsel (2005)
Gender: Male
Ethnicity: African
Date of Birth: 18 January 1958
Key judgments:
National Council of Societies for the Prevention of Cruelty of Animals v Al Mawashi (Pty) Ltd
KES v NCX and another (2419/19) [2020] ZAECMHC 43 (21 July 2020)
J v Government of SA 1996 (3) SA 1083 (TK SC)
MEC for Health, Eastern Cape v YN obo EN (3651/15) [2020] ZAECMHC 46 (23 July 2020)

Candidate Bio:

Even before being admitted as an Advocate of the High Court of South Africa, Advocate Nceba Dukada had already been elevated to the rank of an Assistant Magistrate in the District of Cala, Transkei. Having started out his career in the Department of Justice as a Clerk, Advocate Dukada’s potential was clear. In his CV, he describes how he  would  act as a Magistrate in the Magistrate’s Court, Mthatha during vacation whilst completing his studies.

Having been admitted to the Bar in 1990, Advocate Dukada has since acquired the status of Silk, and has also served as a member of the Silk Committee of the Johannesburg Bar. He was first appointed as a magistrate in 1984-1985 and has since been appointed as an acting judge on numerous occasions.

One of his landmark decisions, Jenkins v Government of South Africa, was on the interpretation of the right to procedurally fair administrative action, where he adopted a liberal approach of the provisions of the then Interim Constitution of South Africa. Dukada AJ held that “The correct interpretation of the meaning of the “the right to procedurally fair administrative action” entrenched in s 24(b) of the Constitution must be a “generous”.

Advocate Dukada holds a B. Iuris from Walter Sisulu University, and an LLB from University of Natal. He also began, though has not completed, an LLM from the University of KwaZulu-Natal.

April 2021 Interview: