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Bess Nkabinde

The Honourable
Bess Nkabinde-Mmono
Acting Deputy Chief Justice of South Africa
Assumed office
23 May 2016
Preceded by Dikgang Moseneke
Justice of the Constitutional Court
Assumed office
1 January 2006
Appointed by President Thabo Mbeki
Judge of the High Court of South Africa
In office
November 1999 – 31 December 2005
Appointed by President Thabo Mbeki
Personal details
Born (1959-01-01) 1 January 1959 (age 58)
Silwerkrans, North West Province
Alma mater University of Zululand
North-West University

Baaitse Elizabeth "Bess" Nkabinde-Mmono (born 1959 in Silwerkrans) is a judge on the Constitutional Court of South Africa.

Nkabinde-Mmono (née Motsatsi) was born in 1959 in Silwerkrans, in what was then the western Transvaal (and is now part of the North West province). She matriculated at Mariasdal High School in Tweespruit in 1979. Thereafter she obtained a BProc degree at the University of Zululand in 1983, an LLB from the North-West University in 1986, and a Diploma in Industrial Relations at Damelin College in 1988.

She worked as a legal adviser to the Bophutatswana government for four years, before becoming an advocate in 1988. She worked at the North West Bar for ten years before her first appointment as an acting judge in 1999.

In November 1999, Nkabinde was appointed to the Bophuthatswana division of the High Court of South Africa. She served acting stints on the Labour Court, Labour Appeal Court, and, in 2005, the Supreme Court of Appeal. She also chaired the Rules Board.

In 2006, Nkabinde was appointed to the Constitutional Court of South Africa by then President Thabo Mbeki to replace Arthur Chaskalson. Her appointment proved controversial, since, despite being "relatively obscure" and lacking experience in constitutional law, she was preferred to Wits law professor Cora Hoexter, who seemed the much stronger candidate. Nkabinde is known for her controversial judgments in S v Masiya, Lee v Minister of Correctional Services, and Botha v Rich, each of which has attracted severe criticism.


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