Extortion attempt by aggrieved black advocate alleged

The gloves have come off in the fight between Simba Chitando and Michael Fitzgerald SC, Russel MacWilliam SC and Michael Wragge SC. Chitando is suing the three for 'racial and xenophobic' unlawful, anti-competitive practices, notes the report. In his court papers, Chitando said despite his having a commercial law master's degree with a dissertation in shipping law, he has yet to receive a single shipping law brief, and attributed this to his being black and Zimbabwean. Chitando, who is suing four big law firms on similar grounds, has asked the Competition Tribunal to order the three silks to select those juniors who had a shipping law background 'equally, without prejudice as to race and nationality' and to include him in their 'pool of junior advocates'. Like the law firms, Fitzgerald, on behalf of the three silks, has emphatically denied the allegations of anti-competitive behaviour, adding that some of Chitando's allegations are defamatory. He also accused Chitando of trying to 'extort' R900 000 from the three senior counsel in return for withdrawing the case. The report notes that annexed to Fitzgerald's affidavit was an e-mail from Chitando to their attorney with the subject line 'Offer to settle dispute'. In it, Chitando said he was prepared to withdraw the case and make 'everything go away in an instant' if 'your clients compensate me in the amount of R300 000 by each respondent'. The e-mail allegedly said if the tribunal did not decide in his favour, Chitando would appeal 'as far as one can'. Full Business Day report