Application for leave to appeal against Seth Nthai's readmission to be heard next week

2019-06-25 21:05
Seth Nthai. (Supplied)

Seth Nthai. (Supplied)

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An application for leave to appeal against lawyer Seth Nthai's readmission as an advocate is set to be heard on July 5.

Nthai's urgent application in the Limpopo High Court to have a ruling in his favour declared operational, pending the outcome of any appeals lodged against him, will also be heard on the same day.

The case was initially scheduled to be heard on Tuesday, however it could not proceed due to the unavailability of Judge Peter Mabuse.

Nthai has been fighting tooth and nail for the permission to practice again.

In his heads of argument to the High Court, Nthai states that applications for leave to appeal, which were lodged by the Johannesburg Society of Advocates (JSA) and Legal Practice Council, have no prospects of success.

"The applications are not based on sound and rational legal basis," he said in court papers, adding that the prospects of success were remote, and the respondents have no realistic chance of succeeding.

His lawyers argued that "the court of appeal would not arrive at a conclusion different from that of this court".

"We submit that Nthai complied with all the requirements necessary for the application for readmission to succeed." 

The JSA has argued in its application that the High Court failed to recognise that Nthai's conduct amounted to the "corrupt and criminal solicitation of a bribe in exchange for the improper performance of his highest ethical duties as a counsel".

Nthai admitted to serious transgressions when he tried to solicit a R5m bribe from an Italian businessman who was party to a mining rights dispute with the government.

But in court papers, Nthai said the court took into consideration that he was "completely, genuinely and permanently reformed".

He added that the court had considered the nature and gravity of the unethical transgressions that occasioned his removal from the roll and the explanation given by him for such transgressions.

"Nthai identified the defects of character or attitude involved and acted in accordance with that appreciation."

He said the JSA and LPC's grounds of appeal are "lacking in merit and have no sound and rational basis".

"We further submit that the JSA and LPC failed to demonstrate to this court in their relevant applications that they would suffer prejudice or any considerable inconvenience if leave to appeal is not granted.

"The JSA and LPC lodged applications for leave to appeal merely to harass, delay, frustrate and drain Nthai emotionally and financially." 

Read more on:    seth nthai  |  lawyer

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