The Johannesburg High Court has sentenced former Limpopo Safety MEC Seth Nthai, but he will not serve jail time if he does not commit the similar crime of soliciting a bribe.
Phindi Mjonondwana, the National Prosecuting Authority (NPA) Johannesburg spokesperson, said Nthai had pleaded guilty to corruption.
The disbarred advocate had admitted to asking an Italian businessman, Mario Marcenaro, for an R5-million bribe during a meeting in Sandton on October 10 2009.
The court accepted the plea and sentence agreement. And Nthai was ordered to pay a R500, 000 fine or serve two years in prison.
Five year suspended sentence
He also received a five-year prison sentence, which has been suspended for five years. This means he will not serve the sentence if he does not commit a similar offence during the period.
“In delivering the sentence, the court acknowledged the seriousness of the offence, noting that the complainant in the matter was the Government of the Republic of South Africa. It also considered Nthai’s guilty plea and his age.
“The plea agreement followed extensive trial proceedings led by Senior State Advocate Sharon Masedi. The …presiding judge recused himself during the trial after multiple state witnesses had testified,” said Mjonondwana.
She explained that investigations showed that Nthai, who was representing the South African government in the case, shared confidential legal information with Marcenaro. This included legal strategies and possible outcomes.
In return for the bribe, Nthai promised to help Marcenaro and other claimants secure a favourable settlement. But the R5-million bribe was never paid.
NPA welcomes outcome
“The National Prosecuting Authority welcomes the conviction and sentence. [This is] a significant milestone in the ongoing fight against corruption. Particularly within the ranks of public office bearers and the legal profession,” said Mjondondwana.
“This outcome sends a strong and unequivocal message that unethical conduct and the abuse of public trust, regardless of status, position, or influence, will not be tolerated.”
She emphasised the NPA’s commitment to upholding the rule of law. And to ensuring accountability against those who she said compromise the state’s integrity and justice system for personal benefits.
