Malindi: Why I broke down in court

2012-05-24 16:10

Johannesburg - President Jacob Zuma’s advocate Gcina Malindi says his emotional breakdown in court “shouldn’t have happened”.

“I’m an advocate and I work under ethical rules that we don’t comment on a case in which we are involved,” he said.

“But you can say I broke down. As a former activist it brought back those issues, which was why I was overwhelmed.”

Malindi was representing Zuma, the ANC and Zuma’s children in their urgent application against the Goodman Gallery, City Press, and artist Brett Murray, to have the portrait, The Spear, declared unlawful.

He broke down and cried after a particularly gruelling round of questioning by Judge Neels Claassen, relating to the racialisation of the case.

“As an advocate I am supposed to have control of my emotions and it is unfortunate that this happened,” Malindi said after the matter was adjourned.

Overcome by emotions

“I was just overcome by emotions and there is a history to it as a former activist. As an advocate we are supposed to be trained not to be emotional when we appear in court. It’s not something I want to talk about now,” he said.

When asked if he would be able to continue working on the case, Malindi said: “I am certain that I can manage that.”

The matter was postponed to a date still to be decided.

The case will be set down for three days, which will allow enough time for all parties to present their arguments.

Claassen and his fellow judges, Fayeeza Kathree-Setiloane and Lucy Mailula, ruled that footage of Malindi’s breakdown could not be shown on television, “both locally and abroad”.

  • placebo.effect - 2012-05-24 16:32

    What does a lawyer do when hes presenting a hopeless case? Breakdown. He admitted that as Prez JZ doesn't have the same rights as normal citizens. As a public official his right to privacy is limited. Cirrrcuss of fools.

      Sharon - 2012-05-24 18:03

      I would also cry if I was representing the ANC. In fact, I would bawl 24/7.

      Rudi - 2012-05-24 18:03

      This guy has one thing right, that he was supposed to be neutral and not let his emotions get the better of him. If he ever wants to be a judge he will have to remember this day: When he broke down in a case trying to keep his prez's nuts off the interweb!!! HA HAAAAHHAAAAAHHA! It's still funny!!!!!

      jacobus.hendrikse - 2012-05-24 18:08

      Will he also cry a river for modern day apartheid, or is that emotions only for when HE suffered?

      TSOTSI Smilification - 2012-05-24 18:15

      Crocodile Tears... He had to have the case postponed on purpose because he knew the painting would not get banned under his current argument.... And now this? DISGUSTING ANC! EVEN THEIR ATTORNEYS ARE PITIFUL!

      piet.strydom - 2012-05-24 18:26

      I can understand that somebody cries about apartheid, but for the life of me cannot understand what apartheid has to do with this? We have a philandering president, which was depicted like that in a painting. The setting is a reminder of the communist background and "tendencies" of the ANC - riding roughshod over both the people that voted for them, and the rest of the country, with equal disdain for both. As I said, I cannot understand one ioat what apartheid has to do with that.

      arthur.hugh - 2012-05-24 18:29

      Dude, I'm not defending him, just saying a little compassion doesn't hurt - you don't have to be all tough and manly and cr@p all the time you know.

      arthur.hugh - 2012-05-24 18:37

      Fair enough Piet - but the court was drilling him about "how racism" comes into this - the guy obviously was trying to argue from that angle, and what ever he went through during apartheid caught up with him emotionally so the guy broke. I'm not saying he SHOULD argue the race card, just saying as far as him breaking down goes it wouldn't hurt to show a bit of compassion. When people comment "cruelly" and "sarcastically" here then it flares up all the anger - aren't people tired of frikken fighting on these forums?

      grenville.felton - 2012-05-24 18:39

      This whole issue is a smokescreen to cover the appalling way this goverment is running this country,the whole focus is now on rasist agendas, pull the race card, fuc... the ANC

      grenville.felton - 2012-05-24 18:44

      You Mr Zuma and your ANC are a bunch of CANTS! CAN’T let go of the past CAN’T stop operating from a place of revenge and hate for what’s happened in the past CAN’T stop the out of control corruption that is rife throughout every government department CAN’T seem to get the education right in this country CAN’T say goodbye of Affirmative Action and BEE which is ruining businesses across this land

      Mewik - 2012-05-24 19:10

      @Arthur I don't feel one bit of pity for him. Brett Murray has been a staunch activist against apartheid his entire life yet they paint him as a racist pig. Ill bet Brett did more to campaign against apartheid than this guy did, yet you don't see him balling his eyes out. If this guy was such a huge activist he would be well aware of who Brett is and what he did for this country and never would have taken on this case. So snore me a river and get on with your job you big overpaid nancy.

      Sterling - 2012-05-24 20:44

      Lana Turner was known to break down and in her scenes in court when doing her movies. There is nothing to cry about in this drama.

      Koos - 2012-05-24 23:12

      I thought it was because he realise he is not going to get paid.

      khuliso.ratshinanga - 2012-05-25 11:07

      you know nothing about the struggle because you were to busy having whisky. picture the gruesome murder of ET

      Warmonger - 2012-05-25 16:14

      I'm sure it was a case of -that good old word that wins ANY argument for a black man when he runs out of argumentative material- the word "racist" failed him. Normally a black man just has to utter the word, against a white person, to win Any argument. So in this case the Judge "called him out on it", and LO AND BEHOLD, he couldn't argue his case further [due to a lack of vocabulary? No facts? General incompetence??], so he just did what any child at the end of their wits would do: started Crying. And then had the gall to call it 'pain'!?!?! gcina you crybaby, you sure showed the rest of the world what black(?) advocates are capable of!!! *Disgusted*...

  • Justin - 2012-05-24 16:34

    No More buying city press. Thank you Editor!!!

      TSOTSI Smilification - 2012-05-24 18:13


      Mewik - 2012-05-24 19:04

      This is a City Press article you moron. Seriously you have failed so hard at boycotting. I won't buy your paper!! Ill just read it online!! Derp.

      Schmee - 2012-05-24 19:54

      That's okay because they've got my support now. A paper with balls.

      Nicolaas - 2012-05-24 22:40

      wont miss you, coz u cannot read anyway, and why do you have a 4 yrs old child come and type for you here on the internet?

      Jacqui - 2012-05-25 15:23

      Don't worry Justin, we are all buying more than one copy on Sunday.

  • zeepolar - 2012-05-24 16:41

    i hope this case does not drag forever. what murray, city press and that whole crew did to the president is humiliating and unjustifiable. these people are saying it is justified coz he has no morals. these are the very people who go around advocating for gay rights, abortions and decriminalization of prostitution. hypocrites.

      gareth.jones.7771 - 2012-05-24 18:01

      Actually you're they hypocrite, saying they infringed on Zumas rights but then saying gay people mustn't have rights!

      arthur.hugh - 2012-05-24 18:22

      Wow Zeepolar you should change your nickname to BiPolar - except you would probably think BiSexual people don't have rights either.

      arthur.hugh - 2012-05-24 18:33

      cyprianm1- if people tease family members of parents who are in the public eye it's not the artists fault, you can blame the people directly for doing the teazing. For example I'm sure when Kim Kardishans sex tape came out her family was ridiculed by people in the public - but you can't blame the person who released the video for other peoples actions now can you?! Although there are racist whites out there, it's not boere turning people against each other - this whole mess is a TWO WAY STREET boet!

      Mike - 2012-05-24 18:35

      Zeepolar hello please join humanity in the 21st century, you may still be in the bronze age but some of us have moved on.

      Aphiwe - 2012-05-24 19:29

      Gareth n frends, boy u guys are dumb! Zeepolar is not saying gay people should not have rights, gosh, what Zeepolar is merely saying is you guys advocate emphatically for such things that rights which are morally questionable in other communities n cultures yet you choose to undermine and mock President Jacob Zuma's right to practice his cultural beliefs and preferences. You trash talk african culture every chance you get neglecting the fact that it is africans constitutional right to practice their culture. You are truly in denial and seem it forget TISA (This Is South AFRICA) your ways monogamy, christianity etc are not the the only way and the virtuous ways as you like to believe they are. Tomorrow is Africa day, buy a ticket and go to the Netherlands coz we don't need narrowminded punks like you. You are showing your intolerant as%es right now. Not so long ago Jacob Zuma was standing up for Gay rights against King Zwelithini but not a single 1 of you people who claim to respect constitutional rights want to understand and see his angle. How convenient!

      Jacqui - 2012-05-25 15:26

      Zeepolar, it always amaze me how you people think you know what others think. Gays shouldn't have rights then?. Women are not allowed abortions, and prostitutes shouldn't have rights. Do you know how scary you sound?.

      Jacqui - 2012-05-25 15:29

      Aphiwe, will you be buying a ticket to the Congo then?. Your silly explanation about what Zeepolar said is pathetic.

  • elkita.robbertse - 2012-05-24 17:57

    Raw,deep pain because he made a fool of himself.The weeping advocate.

      stampalex - 2012-05-25 08:11

      I agree - Its that kind of pain that hits you I guess where you suddenly realise two things - Your case has more holes in it than Malema's brain and that the judge has just proved you're incompetent as a lawyer... Guess I'd bawl my eyes out too.

  • theTruthWillSetYouFree - 2012-05-24 17:57

    what a cry baby...

      theTruthWillSetYouFree - 2012-05-24 17:59

      I dont cry when the ANC murder my people. what a baby whimp!!!

      TaniaSandraSteyn - 2012-05-24 19:03

      You should, Truth, you should. It is not the ANC murdering our people. It is a lack of compassion from all sides, hunger, criminality and entitlement.

  • Muffin_man_can - 2012-05-24 18:14

    With an advocate like this zuma is bound to lose this case..

  • Anele - 2012-05-24 18:17

    One thing I won't stop to do is to buy citypress,unless you(you know who you are)stop e toll,and punish corrupt officials,mr cele,mr selebi,mdluli and many more,then I wll stop buying it wth immediate effect I promise you

  • danny.levin.351 - 2012-05-24 18:17

    Cry me a river you racist moron - you are a poor excuse for an advocate. Just answer one qustion, why are you not done a thing to ban Ayanda Mabulu's picture??????? is it because he is black?? in case you have not noticed the "struggle" is so far over that your choms from teh ANC are already spitting itn the face of the west which supported you all along and imposed sanctions on SA on your behalf. If you are looking ofr sympathy please open a dictionary, you'll find it between Sh*t and Shyphil1s....

      Lionel - 2012-05-24 18:24

      Stop the bleating, dude, the guy's career's shot. 'Nuf said.

  • Lionel - 2012-05-24 18:20

    No way would I hire this dude; his career is shot.

  • Lebogang - 2012-05-24 18:22

    City Press should have seen the boycott coming. The editor was too stupid and arrogant to realise that she may marginalise some of her readers and an editor is judged by the amount of papers she sell.

      TSOTSI Smilification - 2012-05-24 18:31

      Yes... but she still has her integrity! At least she upheld the newspaper's name when she refused it being subjected to censorship by cANCer. She sacrificed some readers only to gain more due to that same integrity.

      ralphhagiazo - 2012-05-24 18:35

      You're barking up the wrong tree (or in this case, portrait), Lebo!

      Mike - 2012-05-24 18:38

      Yes only a populist paper is what you want but that makes a newspaper crap!

      Mewik - 2012-05-24 18:54

      Do you realise that this is a City Press article? See they don't need to sell physical papers to make money and convey their stories these days. See those little adverts on the page? They make money from those by people like you and I reading this.

      Nicolaas - 2012-05-24 22:47

      @lebogang, and you are judged by your stupid comments here on a platform for intellectual people!

      Antipoaching - 2012-05-25 14:52

      Dont you mean "CALL" for a boycott? We have yet to see who, if anyone, actually heeds the boycott call. Well done City Press, a newspaper of integrity (not to mention damned fine reporting!)

  • maseratifittipaldi - 2012-05-24 18:27

    Let's get as much mileage out of this one, Comerades! Our President got in on a wave of sympathy. Let's keep him there on an even bigger one. Surf's up! Now what did I do with my back -up advocate? Oh ! I left him with the back -up bodyguards at the back -up hotel in Gupta's back yard.

  • Stephen - 2012-05-24 18:32

    EVERYBODY STOP. This guy showed real emotion, so it was inappropriate but he has apologised and explained. I don't know him, I don't know his background but what I read in the news, he is a real man and somebody I would trust in future.

      donovan.hendricks.7 - 2012-05-24 18:59

      Stephen at first I thought your comment was absurd,but now I'm thnking that you are absolutley not so many words you are actually saying what I have been thinking along and that is,the world we are living in now has become obsessed with being politically correct that the human factor has become obsolete,to the point that for instance in politics there are no more lies the term used is political correctness. So ya the advocate no matter how inappropriate his behaviour,has reminded me of the human factor that should always be a part of our daily lives.

      TaniaSandraSteyn - 2012-05-24 19:09

      Agreed, Stephen. I guess people fear emotion, even if it is relevant and noteworthy. I think it is time that SA realizes that this has hurt a lot of people. And when people get hurt, they get angry. Up goes the country in a puff of smoke.

      Beertjie Peertjie - 2012-05-24 23:41

      Very good point Stephen.

  • CraigRonnenbergh - 2012-05-24 18:33

    Oh cry me a river, you idiot. What a useless incompatent advocate. Let me guess, the taxpayer is paying for joker Zumas advocate.

  • Grace - 2012-05-24 18:36

    Malindi put your 'big girl panties' on! The law is based on fact not emotions... Pathetic! Go get some cheese to share with Zuma's wine (at your own expense)

  • jackal666.daniel - 2012-05-24 18:38

    Sounds like this guy has some issues. I do feel kind of sorry for him if what he said was true and not just a charade.

  • andy.t.mcdermott - 2012-05-24 18:39

    They should pull this case before they really embarrass Zuma. Everyone is so shocked by the picture, why? because we can all see the truth in it. And the truth hurts. This court case will only enshrine this reality in law.

  • Sonja - 2012-05-24 18:44


  • Jacob - 2012-05-24 18:59

    Hey! Hey! Hey folks! For how long will You allow yourselves to be controlled mentally by these people? Just yesterday you were held spell bound with the Malema issue. Those are mind control games. Thats remote control for sure. Check mate!

  • Msaka - 2012-05-24 19:01

    The case is just too heavy for ADVOCATE Malindi. He is so confused. He doesn't know whether he's an activist or advocate! Judge Claassen ke bosso! He's not from the ANC disciplinary committee.

  • Jacob - 2012-05-24 19:11

    The answer was simple. This is not about FW its about the president. Full stop!

      Jacob - 2012-05-24 19:49

      Dont thumbs down me. Know what? The advocate should'v thrown those words at the honorable lawman

      Loo - 2012-05-25 13:49

      Not very skilled in law and court proceedings are you . Of course he brought up FW . .WHY ?? To test merit of the complaint .. IOW ... Is your complaint that the Pres of a country was portrayed ,, or that it was specifically ZUMA that was portrayed. Had he said no .. HIS whole cases merit would have gone down the drain . .Had he said YES ,, the judge would have asked .. WHY ,, And he probably new he could not answer that in a meaningful way without sinking his own line of argument

  • leko.dada1 - 2012-05-24 19:22

    Whites will soon govern SA again.thanx to Zuma's victim card...even the PROFESSIONALS are playing the trick!

  • malapane.bruce - 2012-05-24 19:32

    All u idiots on this article stop being deplorable. Wt would u do if ur parents r shown naked or filmed naked on internt. Will u smile or hv da same emotion?

      francisco - 2012-05-24 22:48

      My dad has never been accused of rape and he has never admitted to having unprotected sex while having knowledge that his partner had HIV, my dad does not have any children out of wedlock with multiple partners. Nor does my dad have double standards. If he was to take someone to court over this he would have taken someone else to court for calling him a dictator (because that is also insulting, to most people)and he would have told someone that calling a woman a cockroach or tea-girl is also insulting. Conclusion: My parents have morals, they have the same standards which apply to them and all others regardless of skin colour.

      Beertjie Peertjie - 2012-05-24 23:36

      So, Francisco, if your dad did all these things you'd be ok with him being depicted in that way? Moron, answer the question. I personally dont have a problem with the painting. The ANC has no case. I have a problem with your moronic response to a simple question. I'm sure your parents have morals, but their son is a moron.

      Keith - 2012-05-25 15:36

      Maybe they should make a porn of you while ur poepsak is being serviced and blown up with a 24 inch tube .Hope they make it in the dark not in the light otherwise all camares will short circut

  • marcandre.daniels - 2012-05-24 19:44

    Anyone want to write the next great SA novel? 'Cry, the Beloved President!' Hahahaha! What a good publicity stunt to offset the publicity the artist (and the brave gallery now has) and garner support for the victimised Mr President. As a nation, we should ALL cry -- for the latest hypocracy our nation will now be known for!

  • Sam - 2012-05-24 19:59

    I fail to understand why whites in this forum will enforce something to blacks which they dont like it. I wish the ruling goes their way and they must pray hard specifically Zille

      IcemanGP - 2012-05-24 20:16

      Oh grow up.

  • kayb.madgun - 2012-05-24 20:11

    From the judge's questioning method I just cant wait to here the other side of the story, he seemed biased

      Loo - 2012-05-25 13:52

      The judge simply tested merit of argument and rightfully so .. If you cant see that ,, then you are really dom dude

      Riaan - 2012-05-25 18:14

      Just another bleck with a chip on the shoulder.

  • maphoroko.ledwaba - 2012-05-24 20:31

    Zuma must hire someone who is a cross between a shark and a pitbull.U cant take a cry baby to war

  • Sam - 2012-05-24 20:48

    I can hear on news that MALEMA has arrived in Mbekis lecture wearing ROBERT MUGABEs shirt, thumbs up, MUGABE has shown us how to do it

  • ntemi.mark - 2012-05-24 21:38

    sorry mate after all u're a human being u'll ceratainly be fine big man l reckoned u've seen these things,u take care matey

  • arcticencounter - 2012-05-24 22:52

    He broke down because the predetermined questions and answers had no relevance since the painting had already been removed from the gallery. It put him into a tailspin. He was way out of his depth today. He conceded that the painting was "elitist" and not "racist" and then his infrastructure collapsed! I feel sorry for the man - htf do you defend the indefensible?

  • ntemi.mark - 2012-05-24 23:01

    l'm appealing 2all beautiful south africans 2 stop now please! this man is your president the world is laughing @u,this is 2much really! u have rubbishing this man 4-2long now! the SA newspapers across the globe are just humilliating him,

      John - 2012-05-25 10:50

      Never mind the newspapers, it's been on Thailand news radio since Thursday, Every half hour. It's also in the Bangkok Post this morning.

  • ntemi.mark - 2012-05-24 23:50

    yeah Mike! but this man mate is yo president! if he burns himself u don't bring fuel,&say here we go,l think this is enough now matey,let u pple get on with yo daily life,this is really 2much!

  • antin.herinck - 2012-05-25 00:57

    Who cares? Loser -barely fit to defend shop-lifters.

  • Chris - 2012-05-25 05:46

    Most telling comment in this article is "The matter was postponed to a date still to be decided.". Will this docket ever see the light of day again?

  • Mboneni - 2012-05-25 05:53


  • brionyl.french - 2012-05-25 07:25

    He is crying because no one is as stupid as him!!! There is no case yet he is wasting tax payers money yours and my hard earned cash...for what?

      John - 2012-05-25 10:57

      I'm sure i saw a Hollywood talent scout at the hearing, maybe he was play acting to him to get a part in the next court blockbuster with Kevin Costner in the lead roll..

  • eyesears.handsfeet - 2012-05-25 07:29

    The feel so sorry for me because of my past, does not work for me for a very long time now, anymore. If it were any other person in a company representing someone or presenting something, they would have been found incompetent for the job, especially if that is what they are paid to do on a daily basis. It is exactly because of emotional garbage that this land will go nowhere and nothing gets done propper because everybody wants to bring their baggage along.

  • anthro45 - 2012-05-25 07:32

    So why did you brake down? Where you maybe to stupid to answer the questions?

      Iceberg - 2012-05-25 21:54

      Anthro, looking at your spelling, you really shouldn't call anyone stupid.

  • Mark - 2012-05-25 07:39

    Nah, you cried because you're a woes and further realized that not only is your case pitiful but you probably also won't get paid. Happens when you represent thieves my friend.

  • bashan333 - 2012-05-25 08:23

    The Old government, for 40 years created the past and everyone expects the current government to fix the present - we will continue to hate each other unless we(you and me, racist or not) change!!! i'm sick of this blame game that eveyone is playing... just get on with your life or buy one in another country with the money you've earned living in this so called crap country!!!

  • cornvdwalt - 2012-05-25 09:40

    He is too emotional to be objective. He shouldn't keep representing this case.

  • Gaby - 2012-05-25 09:58

    Yeah right, I was also an activist, I mean really active when I was five.

  • Maki - 2012-05-25 11:55

    I thought men dont cry ???????

  • Christopher - 2012-05-25 13:25

    So unprofessional. Why accept the brief if you know you're going to get personally involved? How did this tearful jerk qualify as an advocate?

  • Loo - 2012-05-25 13:40

    It brought back emotions of the STRUGGLE ??? AGGGG what a load of BS .. WHAT the hell does does case have to do with the struggle... Damn .. the ANC sure cant argue anything on actual merit .. everything is the struggle or racism if they are made to look like asses

  • Loo - 2012-05-25 13:56

    Wait till Brett's advocate start taking their case apart .. LOL... oh deari dearie me... Malindi will become a Twinsaver advert

  • Michael - 2012-05-25 14:03

    What a racist idiot.Get over yourself and your dumb foundatiions of vitimisation as a black individual...grow UUUPPPPPP!

  • Zion - 2012-05-25 14:21


  • Zion - 2012-05-25 14:22


  • Geert - 2012-05-25 14:52

    What an absolute twat.HAHAHAHA, a grown educated man crying over a stupid painting in court. Its plainway embarrassing. If you cant handle the pressure why are you even there? Next time when you enter the courtroom don;t forget your tissues! hahaha

  • chris.greenland.9 - 2012-05-25 14:56

    Advicate Malindi, you are an officer of the Court FIRST. In that capacity you should not be involved in any case with which you have a very strong emotional attachment. Do do so is to place your duty to be functionally dependable for both the Court and your client in jeopardy. A good analogy is that no surgeon will operate on a person he/she has emotional tie with. Because of professional failure on your part, the Court has been hampered in its sacred duty to deliver justice without avoidable delay. By this time you should have already passed on the brief.