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PR-BAR-RECEIVED-COMPLAINT SAPA PR--GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA PRESS RELEASE |
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Jan 27, 2010 at 06:39 PM |
ISSUED BY: GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA
ATTENTION: NEWS EDITORS
FOR IMMEDIATE RELEASE:
27 JANUARY 2010
GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA PRESS RELEASE
1. The Pretoria Bar Council on Friday, 22 January 2010, received a
complaint against Adv Seth Nthai SC, a senior member of the
Pretoria and Johannesburg Bars and and current vice-chairman of
the General Council of the Bar of South Africa, from the State
Attorney, following a complaint lodged by Toby Landau, SC, a
British barrister.
2. The conduct complained of relates to his alleged conduct in the
execution of a brief to represent the Government of the Republic
of South Africa before the Washington based International Centre
for Settlement of Investment Disputes ("ICSID") against a claim
instituted by eleven Italian investors. More particularly it
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.
3. Following a meeting with senior members of the Pretoria Bar on
Tuesday, 26 January 2010, Mr Nthai agreed to:
a. Tender his immediate resignation from the General Council of the
Bar and all positions he currently holds in sub-committees of the
Bar;
b. Tender an undertaking that he will accept a voluntary suspension
and not practise as an advocate until such time as the
investigation has been finalized, provided that it be done with due
diligence and expedition.
4. In the light of the aforegoing, and in order to achieve a speedy
resolution to this issue, the Pretoria and Johannesburg Bar
Councils, after consultation with the chairman of the General
Council of the Bar of South Africa, on 26 January resolved that:
a. A disciplinary committee be appointed consisting of a retired
judge and two silks appointed by the Bar Councils of the Pretoria
and Johannesburg Bars respectively.
b. Two silks be appointed by the Bar Councils of the Pretoria and
Johannesburg Bars respectively to act as pro forma prosecutors and
to lead evidence before the said committee.
Adv PM Mtshaulana SC
Chairman : General Council of the Bar South Africa
Adv MNS Sithole SC
Chairman : Pretoria Society of Advocates
WL Wepener SC
Chairman : Johannesburg Society of Advocates
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