Court to hear application for leave to appeal against Seth Nthai's readmission as an advocate

2019-07-05 07:48
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 expected to be heard in the Limpopo High Court in Polokwane on Friday. 

Nthai has also filed an urgent application in the same court to have a ruling in his favour declared operational, pending the outcome of any appeals lodged against him.

The applications for leave to appeal were lodged by the Johannesburg Society of Advocates (JSA) and Legal Practice Council.

In May, the High Court ruled Nthai could be readmitted to the bar, more than six years after he was struck from the roll for a litany of transgressions.

READ: The baffling return of Seth Nthai

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

In his heads of arguments, Nthai said the application lodged by the Johannesburg Bar and LPC have no prospect of success.

However, Ian Green, speaking on behalf of the bar, previously told News24: "The reason we think another court will come to a different conclusion is because we hold the view that Nthai is not a fit and proper person to practice given the conduct for which he was struck, and we hold the belief that he did not make a full disclosure of all the relevant information to the court that heard the readmission application."

Nthai was struck off the Johannesburg and Pretoria bars after admitting to committing serious transgressions when he tried to solicit a R5m payment from an Italian businessman who was embroiled in a quarrel with the South African government over mining rights.

ALSO READ: Johannesburg Bar to apply for leave to appeal Seth Nthai ruling

Secret recordings revealed the lawyer sharing his client's confidential information with the chief executive of one of the Italian companies linked to the case.

Nthai was heard promising a Mr Marcenaro - as he is referred to in court papers - that he would convince the government to settle the matter outside of an arbitration process in return for the R5m payment.

In delivering judgment, Limpopo Judge President Ephraim Makgoba and Judge Peter Mabuse said they were satisfied Nthai had "made out a good case for the relief he seeks".

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Read more on:    seth nthai  |  polokwane  |  judiciary

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