A top South African advocate was suspended on Tuesday pending the outcome of an investigation into alleged irregularities.
Senior counsel Seth Nthai, vice-president of the General Council of the Bar (GCB), was allegedly caught out “conniving” with his opponents while representing the South African government abroad in a matter concerning mining rights.
The GCB confirmed on Wednesday that Nthai had agreed to immediately resign from the Bar and all positions he currently holds in sub-committees of the Bar.
Nthai is a former member of the Judicial Service Commission and has acted as a judge on numerous occasions. He is also a former Limpopo provincial minister and was one of the advocates representing the state in its case against former prosecutions boss Vusi Pikoli at the Ginwala inquiry.
He is a member of both the Johannesburg and Pretoria Bar Councils.
His suspension comes after a British barrister, Toby Landau, complained to the state attorney about Nthai’s alleged behaviour in defending South Africa before the Washington-based International Centre for Settlement of Investment Disputes against a claim instituted by 11 Italian investors.
The state attorney sent the complaint to the Pretoria Bar Council.
The complaint “relates to alleged discussions between Mr Nthai and a certain Mr Mercerano, representing the Italian investors, without instructions from his instructing attorneys, regarding the merits of the government’s case, their defences, technical strategies, a possible settlement of the case and a possible reward for Mr Nthai in the event of such a settlement”, reads the GCB’s statement.
Following a meeting with senior members of the Pretoria Bar on Tuesday, Nthai tendered an undertaking that he will “accept a voluntary suspension and not practise as an advocate until such time as the investigation has been finalised, provided that it be done with due diligence and expedition”.
The Pretoria and Johannesburg Bars, after consultation with GCB chairperson Patric Mtshaulana, resolved to appoint a disciplinary committee chaired by a retired judge and two silks to hear Nthai’s case.
Two senior advocates will also be appointed to act as pro forma prosecutors and to lead evidence in the hearing.
Nthai’s cellphone was switched off on Wednesday afternoon.