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Judge Nkosinathi Emmanuel Chili

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Judge Chili

Capacity: Judge
First Appointed as a Judge: June 2014 (Kwazulu-Natal High Court)
Gender: Male
Ethnicity: Black
Date of birth: August 1964
Qualifications: B Juris (1989) (University of Zululand), LLB (1992) (University of Zululand)

Key judgments:

Candidate Biography | Updated March 2026

Judge Nkosinathi Emmanuel Chili is a judge of the KwaZulu-Natal High Court in Pietermaritzburg.

From the humble beginning of working as a court interpreter, Judge Chili has built a distinguished legal career spanning over three decades. His early professional life was spent as a public servant, where he held various roles in the legal system, including as a court interpreter (1993-1995), a public prosecutor (1995-1997), and as a state advocate (1997-2000, and was promoted to senior state advocate in 2000). In 2005, Judge Chili was appointed as a magistrate of the Durban Magistrate’s Court, which he served in until 2014. During this tenure, Judge Chili was appointed as an acting judge for several sessions from 2009 to 2014. In 2014, Judge Chili was appointed as a Judge of the KwaZulu-Natal High Court, a position he presently retains.

Judge Chili’s judicial experience includes serving as Acting Deputy Judge President from 1 October 2023 to 31 December 2023. His role as Acting Judge President underscores his leadership abilities and judicial acumen. Beyond this, he has also gained experience at the Supreme Court of Appeal as an Acting Judge for several months in both 2024 and 2025.

Two judgments in the SCA illustrate Judge Chili’s approach to civil and criminal procedure. First, in Board of Governors of Mitchell House School and Others v Maluleke, the plaintiff sued a school that unenrolled his children based on failure to pay school fees. The plaintiff applied for and was able to secure relief on the same matter from a different judge only five days after receiving a different final judgment from another judge. Judge Chili ruled that this violated res judicata, and ordered the duplicate judgment to be set aside, adding that the plaintiff, a lawyer, who brought the duplicate matter before two judges, pay punitive costs. Second, in Ngcobo v State, Judge Chili set aside a murder conviction based on irregular procedures in the lower court, which led to the conviction of the defendant based on the testimony of a single witness, his alleged victim. These two cases demonstrate Judge Chili’s willingness to review the formal court procedures of both civil and criminal procedures.

In the KwaZulu-Natal High Court, Judge Chili’s noteworthy judgments demonstrate his expertise in administrative and criminal law. In Zululand District Municipality and Others v MEC: Cooperative Governance and Traditional Affairs, KwaZulu-Natal, Judge Chili analysed municipal management and governance, providing an analysis of the legislative framework for local government and constitutional compliance. In this case, involving a fraud and corruption report lodged against local government officials, Judge Chili ruled that the MEC had failed to comply with the requirements of procedural fairness by failing to liaise with the subjects of the fraud and corruption report. Judge Chili ruled that the applicants were denied a right to be heard and therefore the investigation and subsequent report were procedurally unfair under the statute and KZN Commissions Act.

In KwaDukuza Municipality v Lahaf (Pty) Ltd, Judge Chili addressed a dispute concerning municipal contract compliance in relation to zoning. In this case, Judge Chili ruled in favour of a shopping and leisure centre where a town planning scheme aimed at limiting the Gross Lettable Area (GLA) when zoning was at issue. The shopping centre argued that the GLA should apply only to specific shop areas rather than the total square metreage of the property, which would have enabled the centre to increase its GLA allowance because only the shop areas would be accounted for. Judge Chili’s judgment was later dismissed on appeal at the SCA, which held that the total GLA included all areas capable of being leased, not only specific shop areas.

Judge Nkosinathi Emmanuel Chili’s vast experience across various legal arenas, his leadership roles within the judiciary, and his involvement in high-profile cases make him a respected figure in South Africa’s legal community. He is also an active member of three prominent lawyers’ associations, contributing to the legal profession’s development and mentoring both younger members of the bar and law students at the request of SAC-IAWJ.

October 2024 Interview:

October 2024 Interview:

Judge Chili was unsuccessful in his interview for the Deputy Judge President vacancy at the KwaZulu-Natal High Court.