Johannesburg Society of Advocates and Another v Seth Azwihangwisi Nthai and Others

Mr Seth Azwihangwisi Nthai, a senior advocate and former chairperson of the Pretoria Society of Advocates, was struck from the roll of advocates in 2013 following findings that he corruptly attempted to solicit a bribe while acting as lead counsel for the South African Government in an international arbitration. In 2018, he applied ex parte to the Limpopo Division of the High Court for readmission as an advocate. The application was opposed by the Johannesburg Society of Advocates (JSA), the Pretoria Society of Advocates (PSA), and the Legal Practice Council (LPC). Despite opposition, the High Court granted his readmission and allowed the order to operate pending appeal. The JSA and the General Council of the Bar (GCB) appealed to the Supreme Court of Appeal (SCA).

The appeal was upheld with costs (excluding counsel’s fees). The High Court orders granting readmission and execution pending appeal were set aside and replaced with an order dismissing the readmission application with costs. The Registrar was directed to forward the judgment to the National Director of Public Prosecutions.

This judgment is a leading authority on the nature of readmission proceedings for legal practitioners in South Africa. It clarifies the heavy onus on applicants previously struck from the roll, confirms that such proceedings are sui generis, and affirms the continuing standing of the General Council of the Bar and constituent Bars as custodians of professional ethics, notwithstanding the establishment of the Legal Practice Council.