Prof Nomthandazo Ntlama-Makhanya, a respected Public Law Professor at the University of Fort Hare (UFH), has long been a leading figure in South Africa’s legal education landscape. With her deep expertise in constitutional law, she has influenced generations of students and contributed to the growth of South African jurisprudence.
However, her impact stretches beyond the lecture halls, as she has also embraced the role of an Acting Judge on several occasions. Her journey between academia and the bench offers rare insights into the intersection of legal theory and judicial practice.
After her recent assignment as an Acting Judge at the Johannesburg High Court, which ended in March 2025, Prof Ntlama-Makhanya reflected on this path that has shaped her understanding of the law and deepened her commitment to serving justice in South Africa.
From the Lecture Hall to the High Court
“In 2016, I was appointed as an Acting Judge. It was a profound moment in my career, transitioning from the world of pure academia into the complex and often intimidating realm of judicial practice,” she recalled. “As a constitutional law academic, I had spent years immersed in theory of legal principles. But the reality of presiding over cases—where the stakes are high and the outcomes far-reaching—was a whole different ball game.”
Her first day on the bench was overwhelming, she shared. “On my very first day, I found myself presiding over a matter concerning an application for condonation of a document critical to the substance of evidence in court. The pressure to deliver a judgment by the end of the afternoon, without any prior induction into the procedural aspects of the court’s work, was immense. I felt like I was thrown into the proverbial lion’s den,” she said, adding that the shift from academic writing to judicial writing, which requires meticulous attention to detail, was a monumental challenge.
Growing into the Role
Despite these early hurdles, Prof Ntlama-Makhanya’s experience deepened with every case. “The next significant task was an appeal that I had to preside over and write the judgment for. To my surprise, the judgment garnered media attention, appearing on platforms like News24 and IOL. This unexpected recognition left me both humbled and bewildered. It also brought into sharp focus the reality that judicial decisions are not just academic exercises, but living, breathing entities that affect people’s lives in profound ways.”
Her academic background proved to be an invaluable asset in her new role. “The theory of law, particularly in my area of expertise—constitutional law—became the foundation upon which I built my judicial duties. Being appointed as an Acting Judge allowed me to practice what I had only taught and written about. It bridged the gap between theory and practice, offering me invaluable insights into the procedural frameworks that govern litigation. Unlike academia, where the focus is primarily on theoretical analysis, the role of a judge is deeply rooted in ensuring that every aspect of the legal process is meticulously followed.”
A Scholar-Judge Across South Africa’s Courts
Over the years, Prof Ntlama-Makhanya has served in various divisions of the High Court, including in Durban, the Eastern Cape, Gauteng, and even the Electoral Court. She has presided over a diverse range of cases, from civil and criminal matters to complex trials. “Writing judgments is perhaps the most fundamental and solitary task of a judge. It requires a deep understanding of the law, the facts of the case, and the ability to craft a well-reasoned judgment that will stand the test of time,” she explained.
This responsibility, she notes, requires thorough legal research—a skill honed during her academic career. “The distinction between academic research and judicial research became increasingly evident as I navigated the nuances of evidence, statute interpretation, and constitutional application. It was an enlightening experience to see how academic insights can be applied directly to judicial reasoning,” she added.
Despite the demands of her judicial duties, Prof Ntlama-Makhanya continued to teach and publish, balancing her roles as both a scholar and a judge. “This dual commitment has enriched my teaching, providing real-world examples and practical insights to my students, while also expanding my own understanding of the law.”
Contributing to the Legal Profession
Beyond her work on the bench, she has also contributed to the broader legal community, serving as an expert witness and representing the Society of Law Teachers of Southern Africa in the Judicial Services Commission. “This involvement has given me a broader perspective on the judicial appointment process and the evolution of South Africa’s legal landscape.”
Reflecting on her journey, she expressed deep gratitude. “I am grateful to the judicial profession for recognizing my potential and appointing me as an Acting Judge. It was not just a personal achievement, but also a recognition of the Faculty of Law at the University of Fort Hare, where I have had the privilege of teaching and nurturing the next generation of legal minds,” she says.
She also acknowledges the support she has received from both the legal community and the University of Fort Hare. “I am deeply appreciative of the support I have received, which allowed me to undertake this important national duty while continuing my academic work.”
A Transformative Experience
In conclusion Prof. Ntlama-Makhanya concedes that her experience as an Acting Judge has been transformative, offering a deeper understanding of the law and the vital role that judges play in shaping society. “It has taught me that the journey from theory to practice is not just about applying knowledge but about continuously learning, adapting, and contributing to the ongoing development of our legal system,” she says. “It is a responsibility that I hold in the highest regard, and I am privileged to have had the opportunity to serve in this capacity.”
Prof Ntlama-Makhanya’s reflections serve as a powerful reminder of the invaluable role that academics play in shaping the future and contributing to the broader development of society.
