He has since argued in front of the Constitutional Court on behalf of clients including the Economic Freedom Fighters, the Zondo Commission, and President Cyril Ramaphosa.

Ngcukaitobi was born on 25 December 1976[citation needed] in Cala in the former Transkei, now part of the Eastern Cape;[1] he grew up in the nearby village of Lupapasi.

[2] His mother, Nomsa, was a domestic worker, a teacher at a school for the disabled, and then a nurse, and his father, Gcinabantu Hutchinson, was a mineworker in Johannesburg and then a clerk at the Magistrate's Court in Cofimvaba.

[10] He spent three years as director of the constitutional litigation unit at the Legal Resources Centre,[1] during which time he worked with George Bizos as counsel for the families of the victims of the Marikana massacre.

[4] In May 2019, less than a decade into his career as an advocate (an unusually short period), Ngcukaitobi announced that he had been recommended for silk status,[5][15] which he duly received at the end of February 2020.

[10] Ngcukaitobi rose to public prominence during the presidency of Jacob Zuma, when he represented the opposition Economic Freedom Fighters (EFF) in a series of politically controversial cases, including a 2016 Pretoria High Court bid to gain access to Thuli Madonsela's report on alleged state capture.

[21][22] In October 2019, the Department of Justice further announced that it would retain the assistance of Ngcukaitobi and three other senior advocates – Wim Trengove, Ngwako Maenetje, and Geoff Budlender – in guiding state capture-related investigations and prosecutions.

[23] A year later, former President Zuma accused Ngcukaitobi of "irregular" collusion with Deputy Chief Justice Raymond Zondo, who was leading the Commission of Inquiry into State Capture.

[5] In the latter capacity, in 2016, he handed down judgement in Msiza v Director-General of the Department of Rural Development and Land Reform, ruling in favour of a labour tenant represented by the Legal Resources Centre.

[34][38] As an acting judge in the Eastern Cape High Court in 2021, Ngcukaitobi controversially overturned the conviction of Loyiso Coko, who had been sentenced to ten years' imprisonment for raping his girlfriend in July 2018.

[39][40] In a judgement written by Ngcukaitobi, he and judge Nyameko Gqamana said that the trial court, the Makhanda Regional Court, had erred in discounting Coko's argument that he had "genuinely believed" that his girlfriend had implicitly consented to penetrative sex; Ngcukaitobi pointed to Coko's evidence that the complainant had been "an equally active participant" in their foreplay, which had included oral sex.

[7][52] In October 2022, following consultation with political parties, President Ramaphosa appointed Ngcukaitobi as a member of the Judicial Service Commission, where he replaced Doris Tshepe.