Advocate Seth Nthai, the vice chairman of the General Council of the Bar of South Africa, has resigned pending the investigation of a complaint against him. On Wednesday, the council issued a statement saying that it had received a complaint against Nthai - who is also a senior member of the Pretoria and Johannesburg Bars.
The complaint was lodged last Friday by British barrister Toby Landau. The complaint apparently relates to Nthai's alleged conduct while executing a brief to represent the South African government before the Washington-based International Centre for Settlement of Investment Disputes against a claim instituted by 11 Italian investors. "More particularly it relates to alleged discussions between Mr Nthai and a certain Mr Mercerano, representing the Italian investors."The alleged discussions were apparently held without instructions from his instructing attorneys and allegedly related to "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."
The council said that following a meeting of the Pretoria Bar on Tuesday, Nthai agreed to tender his immediate resignation from the General Council of the Bar and all positions he currently held in its sub-committees. "[He has] tender[ed] 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."
A disciplinary committee consisting of a retired judge and two silks will be appointed by the Bar Councils of the Pretoria and Johannesburg Bars. The two silks will act as pro forma prosecutors and will lead evidence before the committee.
Source: IoL
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