Date of Birth
1 January 1959
University
BProc (1983) (University of Zululand), LLB (1986) (University of the Northwest), Diploma in Industrial Relations cum laude (Damelin)
History at the Court:
Appointed: January 2006
Retired: 7 December 2017
Brief biography
After graduating from the University of Zululand, Justice Nkabinde-Mmono (“Justice Nkabinde“) acted as a state law advisor in Bophuthatswana until 1988, after which she completed her pupillage at the Johannesburg Bar and was admitted as an advocate.
From 1990 until 1999 Justice Nkabinde was a member of the North West Bar Association specialising in civil, commercial, matrimonial and criminal matters. During this time she participated in numerous other initiatives including a judicial training programme in Canada in 1993 and the Mpshe Commission of Inquiry into the Mutiny of Warders at Mogwase Prison.
In 1999 Justice Nkabinde was appointed to the bench of the Bophuthatswana Provincial Division, first in an acting capacity and, thereafter, as a judge. In 2000, and again in 2003, she served a term as an acting judge of the Labour Court in Johannesburg.
Also in 2002 she facilitated a discussion on “The rights of minorities within the context of access to justice” at the First South Asian Regional Judicial Colloquium on Access to Justice (held in New-Delhi) which was convened by the Chief Justice of India, BN Kirpal, and facilitated by Commonwealth Human Rights Initiative, International Centre for the Legal Protection of Human Rights (Interights) and the Office of the High Commissioner for Human Rights.
In 2003 Justice Nkabinde was appointed to serve on the Special Tribunal on Civil Matters Likely to Emanate from Investigations by the Special Investigative Units.
In 2004 and 2005 she took up the role of acting judge at the Labour Appeal Court, and from June until November in 2005 she served as an acting judge at the Supreme Court of Appeal.
She is a member of the Black Lawyers Association and the International Association of Women Judges: SA Chapter, as well as a member of the Sub-Committee on Racism and Sexism within the Judiciary established by the Judicial Service Commission.
Justice Nkabinde acted as Deputy Chief Justice between May 2016 and June 2017, and acted as Chief Justice in November 2016.
Selection of Judgments written
- Prophet v National Director of Public Prosecutions (CCT56/05) (http://www.saflii.org.za/za/cases/ZACC/2006/17.html)
- Masiya v Director of Public Prosecutions Pretoria (The State) and Another (CCT54/06) (http://www.saflii.org.za/za/cases/ZACC/2007/9.html)
- S v Molimi (CCT10/07) (http://www.saflii.org.za/za/cases/ZACC/2008/2.html)
- Equity Aviation Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CCT88/07) (http://www.saflii.org.za/za/cases/ZACC/2008/16.html)
- Hassam v Jacobs NO and Others (CCT83/08) (http://www.saflii.org.za/za/cases/ZACC/2009/19.html)
- Reflect-All 1025 CC and Others v MEC for Public Transport, Roads and Works, Gauteng Provincial Government and Another(CCT110/08) (http://www.saflii.org.za/za/cases/ZACC/2009/24.html)
- Poverty Alleviation Network and Others v President of the Republic of South Africa and Others (CCT86/08) (http://www.saflii.org.za/za/cases/ZACC/2010/5.html)
- Van Vuren v Minister of Correctional Services and Others (CCT07/10) (http://www.saflii.org.za/za/cases/ZACC/2010/17.html)
- Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others (CCT29/10) (http://www.saflii.org.za/za/cases/ZACC/2011/13.html)
- South African Police Service v Police and Prisons Civil Rights Union and Another (CCT89/10) (http://www.saflii.org.za/za/cases/ZACC/2011/21.html)
- Pheko and Others v Ekurhuleni Metropolitan Municipality (CCT19/11) (http://www.saflii.org.za/za/cases/ZACC/2011/34.html)
- Wiese v Government Employees Pension Fund and Others (CCT111/11) (http://www.saflii.org.za/za/cases/ZACC/2012/5.html)
- Lee v Minister of Correctional Services (CCT20/12) (http://www.saflii.org.za/za/cases/ZACC/2012/30.html)
- Association of Regional Magistrates of Southern Africa v President of the Republic of South Africa and Others (CCT91/12) (http://www.saflii.org.za/za/cases/ZACC/2013/13.html)
- Nokotyana and Others v Ekurhuleni Metropolitan Municipality and Others (CCT31/09) (http://www.saflii.org.za/za/cases/ZACC/2009/33.html)
- Road Accident Fund and Another v Mdeyide (CCT10/10) (http://www.saflii.org.za/za/cases/ZACC/2010/18.html)
- Falk and Another v National Director of Public Prosecutions (CCT95/10) (http://www.saflii.org.za/za/cases/ZACC/2011/26.html)
- City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT37/11) (http://www.saflii.org.za/za/cases/ZACC/2011/33.html)
- Van der Burg and Another v National Director of Public Prosecutions (CCT75/11) (http://www.saflii.org.za/za/cases/ZACC/2012/12.html)
- National Credit Regulator v Opperman and Others (CCT34/12) (http://www.saflii.org.za/za/cases/ZACC/2012/29.html)
- Ngewu and Another v Post Office Retirement Fund and Others (CCT117/11) (http://www.saflii.org.za/za/cases/ZACC/2013/4.html)
- Tulip Diamonds FZE v Minister for Justice and Constitutional Development and Others (CCT93/12) (http://www.saflii.org.za/za/cases/ZACC/2013/19.html)