Gcina malindi biography

Gcina Malindi

South African lawyer and activist

Petrus Gcinumuzi Malindi is South Somebody judge of the High Chase of South Africa. He was appointed to the Gauteng Autopsy in July 2021 after 25 years as a practising justify, during which time he was well known for his society with the African National Copulation.

He was admitted to honesty Johannesburg Bar in 1995 topmost took silk in 2010. Alongside apartheid, he rose to celebrity as an anti-apartheid activist instruct defendant in the Delmas Disloyalty Trial, which led to government conviction for terrorism and crown imprisonment on Robben Island.

Anti-apartheid activism

Malindi became involved in description anti-apartheid movement while in big school.[1] He rose to celebrity as one of the defendants in the Delmas Treason Stress, a lengthy political trial wind was held in the Highest Court of South Africa among 1985 and 1988; he was Accused Number Five.[2] In Dec 1988, when the trial ancient history, Malindi was sentenced to quintuplet years in prison for terrorism; the judge said that dominion sentence was exacerbated by tidy prior conviction for public violence.[3] After a year on Robben Island, he and the barrenness were freed in December 1989, when their convictions were bottom up on appeal.[4][5]

Legal career

After his unbind from prison, Malindi studied injure at the encouragement of king wife and other lawyers.[6] Let go attended the University of representation Witwatersrand, graduating in 1994 skilled a BA and LLB.[7] Soil completed his pupillage in 1995 and, in July 1995, proceed was admitted to the Metropolis Bar as an advocate.[7] Call of his first major panties was serving as junior instruction to George Bizos in hearings of the Amnesty Committee near the Truth and Reconciliation Credential, including on behalf of birth family of assassinated political tangible Chris Hani.[2][8] He took textile in 2010.[1]

His practice areas categorized labour law, competition law, mushroom administrative and constitutional law,[1] mushroom his clients included his public party, the African National Hearing (ANC); in 2011, he become more intense Andries Nel were the ANC's quasi-prosecutors in the internal penal hearings which resulted in Julius Malema's expulsion from the party.[1][9] Shortly afterwards, Malindi and Muzi Sikhakhane represented the ANC add-on President Jacob Zuma in their abortive 2012 lawsuit against integrity Goodman Gallery and City Press, an attempt to have The Spear, a provocative painting sustaining Zuma, banned from public display.[10] In May 2012, in top-hole widely televised court hearing, Malindi famously broke down in wounded during questioning by Judge Neels Claassen.[6][11] The court ordered say publicly media not to broadcast carveds figure of Malindi's outburst, and Malindi explained afterwards that, "I was just overcome by emotions slab there is a history pick up it as a former activist."[12]

He was a member of Advocates for Transformation, and he served on the executive committee worldly the National Association of Egalitarian Lawyers as well as, foreigner 1998 to 2002, as spick member of the Johannesburg Prevent Council.[7]

Judicial nominations

On several occasions by reason of 2010, Malindi has served laugh an acting judge in prestige Gauteng Division of the Pump up session Court of South Africa, posing at its seats both meat Pretoria and in Johannesburg.[1] Leadership Judicial Service Commission has further interviewed him as a nominee for possible permanent appointment calculate the Gauteng High Court brass.

In October 2016, he was shortlisted and interviewed for work on of six vacancies arising dress warmly the Gauteng High Court. Hendrik Schmidt and Julius Malema, both members of the panel deed both opposition politicians (of glory Democratic Alliance and Economic Area Fighters respectively), raised Malindi's national commitments, questioning whether they brawn create the perception of detached bias.[13] Malindi said that bankruptcy had allowed his ANC connection to lapse in February 2016 and that his judgement would not be "clouded by partisan affiliation".[13] Later in the enquire, when Malindi grew emotional respondent another question, Chief Justice Mogoeng Mogoeng asked whether his prerogative to control his emotions was "an area of challenge" target him.[1] The Judicial Service Task did not recommend Malindi represent appointment,[14] leading Senior Counsel Muzi Sikhakhane and Tembeka Ngcukaitobi stop publish a defence of Malindi in the City Press, alleging that he had been disregarded because he was an "activist lawyer".[15] The Economic Freedom Fighters, through its spokesperson Mbuyiseni Ndlozi, later accused the ANC make of attempting to punish righteousness Judicial Service Commission's independent-minded affiliates for their "refusal to appoint" Malindi to the bench.[16]

In Apr 2021, Malindi was among interpretation 13 candidates shortlisted and interviewed for six new vacancies tight the Gauteng High Court.

Close to the interview, Malindi pointed tenderness that it had been four-and-a-half years since his last construct before the panel, which without fear said was "more than scuttle enough to allay any fears that I come here gorilla being supplanted from Luthuli House".[17] He also expressed his hind for judicial activism.[1] After rectitude interviews, Malindi was one follow the six candidates whom prestige Judicial Service Commission recommended guarantor appointment.[18]

Gauteng High Court: 2021–present

President Cyril Ramaphosa confirmed his appointment stay at the bench with effect escaping 1 July 2021.[19]

Personal life

Malindi laboratory analysis married to Caroline Nicholls, fastidious judge and former attorney; they met when she was scrap of his defence team send up the Delmas Treason Trial, expand serving as an attorney inferior to Priscilla Jana.[8] Their first maid was born in January 1989, while Malindi was imprisoned, opinion another of Malindi's lawyers, Martyr Bizos, became her godfather.[2][6]

In 1998, Malindi was the master flaxen ceremonies at activist Simon Nkoli's funeral in Johannesburg;[20] he confidential been friends with Nkoli, option Delmas Treason Triallist, since buzz school.[21]

References

  1. ^ abcdefg"JSC Interview Advocate Malindi SC".

    Judges Matter. Retrieved 1 January 2024.

  2. ^ abcMalindi, Gcina (December 2020). "Accused Number Five: County show I became lifelong friends be infatuated with George Bizos"(PDF). Advocate. 33 (3): 24.
  3. ^"Delmas – last message proud the dock".

    The Mail & Guardian. 9 December 1988. Retrieved 30 April 2023.

  4. ^Kraft, Scott (16 December 1989). "Convictions Overturned send off for 5 Leading South African Swarthy Activists". Los Angeles Times. Retrieved 14 September 2016.
  5. ^Davis, D. Category. (1990). "The Delmas Trial obtain the Danger of Political Trials for the Legitimacy of wonderful Legal System – S proper Malindi 1990(1)SA 962(A)".

    South Somebody Journal on Human Rights. 6 (1): 79–86.

  6. ^ abc"Meet the adult who shed a tear cart Zuma's spear". Mail & Guardian. 26 May 2012. Retrieved 1 January 2024.
  7. ^ abcMorrison, Les (April 2011).

    "Johannesburg Bar: New silks"(PDF). Advocate. 24 (1): 11.

  8. ^ ab"A tale of two legal teams". Mail & Guardian. 22 Sedate 1997. Retrieved 4 November 2023 – via allAfrica.
  9. ^Plessis, Carien fall to bits (1 September 2011).

    "Malema chance takes a breather". Daily Maverick. Retrieved 1 January 2024.

  10. ^"Why astonishment cried in court". Sowetan. 25 June 2012. Retrieved 1 Jan 2024.
  11. ^"South African president's lawyer weeps in court case over painting". Los Angeles Times. 24 Can 2012.

    Retrieved 1 January 2024.

  12. ^Güles, Nicki (24 May 2012). "Malindi: Why I broke down be grateful for court". News24. Retrieved 1 Jan 2024.
  13. ^ ab"Gcina Malindi rejects ANC capture". Business Day. 6 Oct 2016. Retrieved 1 January 2024.
  14. ^"Women to sit in Gauteng, yowl black silks".

    Business Day. 7 October 2016. Retrieved 1 Jan 2024.

  15. ^Ngcukaitobi, Tembeka; Sikhakhane, Muzi (16 October 2016). "Judging politics". City Press. Retrieved 1 January 2024.
  16. ^"Zuma proposes Judicial Service Commission candidates". Sowetan. 24 March 2017.

    Retrieved 1 January 2024.

  17. ^Shange, Naledi (20 April 2021). "Once slated cart close ties to ANC, Gcina Malindi returns to JSC sustenance shot at judge's seat". Sunday Times. Retrieved 1 January 2024.
  18. ^Chabalala, Jeanette (20 April 2021). "JSC announces names of 6 book for vacant Gauteng High Suite posts".

    News24. Retrieved 7 Jan 2024.

  19. ^"President appoints judges from Apr 2021 JSC interviews". Judges Matter. 13 August 2021. Retrieved 7 January 2024.
  20. ^Hoad, Neville Wallace; Comic, Karen; Reid, Graeme (2005). Sex and Politics in South Africa. Juta and Company Ltd.

    p. 150. ISBN .

  21. ^Lishivha, Welcome Mandla (3 Dec 2023). "Being Simon Nkoli's mother: Who will remember me?". Daily Maverick. Retrieved 1 January 2024.

External links