Thursday, May 02, 2024

Ngcukaitobi and co represented South Africa 'pro bono' in ICJ case against Israel

Tembeka Ngcukaitobi, Tshidiso Ramogale and Lerato Zikalala were the three lawyers briefed by the justice department


02 May 2024 - 
Andisiwe Makinana
Political correspondent

NO CHARGE Many South Africans were impressed with how advocate Tembeka Ngcukaitobi argued South Africa's case against Israel at the International Court of Justice.
Image: Gallo Images/Volksblad/Mlungisi Louw

At least three of the lawyers who represented South Africa in its proceedings against Israel at the International Court of Justice (ICJ) did so for free.

Justice minister Ronald Lamola has revealed the senior counsel and two junior counsel briefed by his department handled the matter on a pro bono basis.

TimesLIVE has established advocate Tembeka Ngcukaitobi, Tshidiso Ramogale and Lerato Zikalala were the three briefed by the justice department.

Many South Africans were impressed with how Ngcukaitobi argued the case at the ICJ in January, that Israel was committing genocide against the people of Palestine.

The advocate, specialising in constitutional law, argued Israel’s armed forces had genocidal intent to not only kill the Hamas group but also Palestinians living in Gaza. Ngcukaitobi played videos and quoted comments by Israeli political and defence leaders.

Lamola was responding to written parliamentary questions from the FF Plus’ Corne Mulder and the DA’s Solly Malatsi, who wanted to know the total costs of the proceedings.

Mulder also wanted to know whether third parties sponsored South Africa’s application financially and/or otherwise, the details of the legal team, including foreign attorneys, and the total number of MPs and state officials invited by his department to attend the proceedings.

Lamola said three government departments — the Presidency, international relations and co-operation and justice and constitutional development — had legal representation for the case argued on January 11 and 12.

The department paid R277,083 for the legal team’s travel and its accommodation cost the department R73,420.

He was only able to respond with regard to the counsel and costs falling under his department, he said.

The department paid R277,083 for the legal team’s travel and accommodation cost the department R73,420.

It also paid for Lamola and three officials’ attendance for two days. The cost for Lamola’s travel was R443,442 and the state paid R43,999 for his accommodation.

It paid R1,025,359 for state officials, including Lamola’s VIP protector who is employed by the police and therefore considered an official. Accommodation for state officials was R58,115 and taxpayers paid R34,080 for subsistence allowances for the minister and officials.

He said he was not aware of any third parties sponsoring South Africa.

South Africa's critics have previously claimed the government received funding from Iran to pursue the case. The allegation was also dismissed by international relations and co-operation minister Naledi Pandor in February.

Lamola said South Africa was proud it took the matter to the ICJ.

“As government, South Africa could not sit idly and watch the killing of innocent people in Gaza. South Africa stepped up at the time when thousands of lives, mainly vulnerable women and children, were killed and our efforts drew the world's attention that a genocide is happening in Gaza.”

Several other countries joined in the condemnation of the genocide and pledged support and solidarity with South Africa for its stance.

“This is evidenced by the fact that the ICJ held, by 15 votes to two, that the State of Israel must, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention.

“Moreover, on January 26, the court ruled ‘the present perilous situation demands immediate and effective implementation of those measures’, in response to the Article 75 application of the ICJ, that Israel is bound by the provisional measures order.”

TimesLIVE

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