A win for NPA after disgraced advocate found guilty
Following Nthai's guilty plea, the court accepted a sentence agreement of a R500 000 fine or two years of direct imprisonment.
'In addition, he received a five-year suspended sentence, wholly suspended for five years on the condition that he is not convicted of a similar offence during the suspension period,' said the NPA.
The court acknowledged the seriousness of Nthai's offence. His guilty plea and age were also named as contributors of the final decision and sentencing. It was also highlighted that the complainant in the matter was the Government of the Republic of South Africa.
'The bribe was intended to influence the outcome of the Piero Foresti and others vs the Government of the Republic of South Africa international arbitration case,' said the NPA.
At the time, Nthai was the government's legal representative. According to the NPA, investigations revealed that he disclosed confidential information of the case to Marcenaro. The information included legal strategies, defences and possible outcomes.
The court heard that Nthai promised to influence the government to secure a favourable settlement for Marcenaro and other claimants. Despite receiving the information, Macenaro never paid the R5 million bribe however.
The NPA said they remain committed to upholding the rule of law and ensuring accountability. Additionally they said they will continue to pursue those who compromise the integrity of state institutions and the justice system for personal gain.
'Unethical conduct and the abuse of public trust, regardless of status, position or influence will not be tolerated,' concluded the NPA.
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