Former Advocate Faces Justice in Corruption Proceedings
Disgraced former Limpopo MEC for Safety and Security and disbarred advocate Seth Nthai has been sentenced to two years in prison or a fine of R500,000 after pleading guilty to corruption in the Johannesburg High Court.
This comes more than a decade after he was first exposed for soliciting a multimillion-rand bribe while representing the South African government in an international mining dispute.
The court accepted a plea agreement between Nthai and the state, and he was ordered to pay R50,000 immediately as part of the sentence. The case centres on Nthai’s unethical conduct during a legal battle between the South African government and Italian investors. At the time, Nthai was representing the state when he sought a R5 million bribe from one of the claimants, Mario Vittorio Marcenaro.
In exchange, Nthai promised to use his influence to persuade the South African government to settle the case on terms favourable to Marcenaro, with each party paying its own legal costs. Court documents reveal that Nthai went further by leaking sensitive and confidential information about the state’s case, including its legal strategy, possible defences, settlement options and the potential payout should the matter be resolved in favour of the claimants.
The state alleges that Nthai arranged three off-the-record meetings with claimants without the knowledge or approval of his client, the government. These covert engagements were key in his attempt to solicit the bribe in return for swaying the outcome of the case.
Nthai was initially disbarred in 2013 when his misconduct came to light. However, in 2019, he was controversially readmitted to the legal profession by the Limpopo High Court, which considered his struggles with depression and anxiety as possible mitigating factors. That decision was short-lived. In 2020, the Supreme Court of Appeal overturned the ruling, declaring that Nthai’s actions constituted serious criminal conduct. The court referred the matter to the National Prosecuting Authority to consider pressing charges.
His final attempt to regain his legal standing was blocked in 2023, when the Constitutional Court dismissed his application for readmission.
The sentencing of Nthai has reignited concerns over accountability and ethical standards in both the legal and public service sectors. His case serves as a stark reminder of the long-term damage caused by corruption, particularly when committed by individuals entrusted with safeguarding public interests.
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