The High Court of South Africa, Gauteng Division, in Johannesburg, convicted and sentenced former senior counsel Seth Nthai yesterday, after he pleaded guilty to corruption charges relating to a 2009 bribery scandal involving an international arbitration case.

Sandton Chronicle reports that Nthai admitted to soliciting a R5m bribe from Italian businessman Mario Marcenaro during a meeting in Sandton on October 10, 2009.

At the time, Nthai was representing the South African government in the high-profile Piero Foresti and others v The Government of the Republic of South Africa case. The bribe was intended to influence the outcome of the arbitration in favour of Marcenaro and his co-claimants.

As part of a plea and sentence agreement, the court imposed a fine of R500 000 or two years’ imprisonment. Additionally, Nthai received a five-year sentence, wholly suspended for five years on condition that he is not convicted of a similar offence during the suspension period.

The court noted the severity of the offence, particularly given that the complainant in the matter was the South African government itself. The judge also considered Nthai’s guilty plea, co-operation during proceedings, and his age when delivering the sentence.

The National Prosecuting Authority (NPA) regional spokesperson, Phindi Mjonondwane, said the investigations revealed that Nthai had disclosed confidential and strategic information about the case to Marcenaro without authorisation in exchange for the promised bribe.

“Although the R5m was never paid, the court found that the mere solicitation of such a bribe constituted a serious breach of legal and ethical duty,” said Mjonondwane.

“The case had a complex legal history, including extensive trial proceedings and the recusal of the initial presiding judge after several state witnesses had already testified. This led to the matter being restarted before a new judge, ultimately resulting in the current plea agreement.”

She added that they have welcomed the conviction as a significant victory in their ongoing efforts to root out corruption.

“This conviction affirms our commitment to fighting corruption, especially within the legal profession and among public office bearers. The abuse of public trust and the justice system by legal professionals is a serious threat to the rule of law. Mr Nthai’s actions were a betrayal of that trust, and this sentence sends a clear message that no one is above the law.”

Mjonondwane explained the importance of maintaining integrity within state institutions. “This outcome demonstrates that unethical behaviour, regardless of one’s status or position, will be prosecuted vigorously. We will continue to act without fear or favour to protect the public interest.”

The NPA has reiterated its ongoing commitment to upholding the rule of law and ensuring accountability across all sectors, particularly in cases involving the manipulation of justice for personal enrichment.

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