He was appointed to the Gauteng Division in July 2021 after 25 years as a practising advocate, during which time he was well known for his association with the African National Congress.
During apartheid, he rose to prominence as an anti-apartheid activist and defendant in the Delmas Treason Trial, which led to his conviction for terrorism and his imprisonment on Robben Island.
[7] One of his first major briefs was serving as junior counsel to George Bizos in hearings of the Amnesty Committee of the Truth and Reconciliation Commission, including on behalf of the family of assassinated political activist Chris Hani.
[7] On several occasions since 2010, Malindi has served as an acting judge in the Gauteng Division of the High Court of South Africa, sitting at its seats both in Pretoria and in Johannesburg.
Hendrik Schmidt and Julius Malema, both members of the panel and both opposition politicians (of the Democratic Alliance and Economic Freedom Fighters respectively), raised Malindi's political commitments, questioning whether they might create the perception of judicial bias.
[15] The Economic Freedom Fighters, through its spokesperson Mbuyiseni Ndlozi, later accused the ANC government of attempting to punish the Judicial Service Commission's independent-minded members for their "refusal to appoint" Malindi to the bench.
During the interview, Malindi pointed out that it had been four-and-a-half years since his last appearance before the panel, which he said was "more than long enough to allay any fears that I come here as being supplanted from Luthuli House".