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

Statement issued by the General Council of the Bar of South Africa, January 27 2010

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