Fishrot lawyers fight govt over 'joke' legal aid pay
A payment dispute has erupted in the Fishrot corruption trial, with defence lawyers appointed through government’s legal aid directorate condemning the standard remuneration for the high-stakes case as a “joke”, given its scale and complexity.
On 13 January, the law firm Joas Neemwatya Inc., which represents Otneel Shuudifonya and three other accused, wrote to the justice ministry’s executive director, Dr Audrin Mathe, seeking approval for special legal aid tariffs for lawyers appointed to the Fishrot case.
In the letter, the firm argued that remuneration under the 2019 Legal Aid Tariffs is “grossly inadequate” for a matter of this scale. Current tariffs provide for N$5 000 for a first full day of court, N$2 500 for subsequent days and N$300 per hour for postponements, despite the State intending to call hundreds of witnesses.
The firm said several lawyers had already withdrawn from the case after the legal aid directorate declined to negotiate higher rates.
"These tariffs are, honestly speaking, unfortunately a joke for a case of this magnitude – with more than 300 State witnesses," the firm lamented.
Caprivi treason trial paid better
The law firm cited the Caprivi treason trial as precedent, where defence lawyers were granted a special monthly retainer of N$80 000, as well as other high-profile matters in which tariffs were adjusted.
The letter further referred to reports that prosecutors in the Fishrot case, including advocates Ed Marondedze and Vernon Lutibezi, had their annual remuneration increased from N$850 000 to N$1.5 million.
According to Joas Neemwatya Inc., this created a monthly disparity of about N$54 000 that was not extended to defence counsel, undermining the accused’s constitutional right to competent legal representation.
The firm noted that some defendants remain in custody, limiting consultation time with their lawyers.
Threat of court action
The firm requested that the legal aid directorate reconsider its position and approve special tariffs to ensure fairness and safeguard the right to a fair trial. It warned that, failing a response by 19 January, it would consider approaching the court to subpoena the executive director to account for the disparity.
In a response dated 15 January, Mathe rejected the request, describing it as surprising and citing budgetary constraints. He said the terms of engagement in other cases referenced by the firm were not comparable, adding that the legal aid directorate remained committed to ensuring that Shuudifonya was represented under the existing tariff framework.
The funding dispute resurfaced in open court on Monday, 19 January, when former justice minister Sacky Shanghala raised similar concerns before High Court judge Marelize du Plessis.
Shanghala told the court that public prosecutors are reportedly earning N$1.5 million per year, far exceeding normal public service standards, while accused persons struggled to secure adequately funded legal representation.
“It is important because it has a bearing on the fallacy that has been in this court,” Shanghala said. “Why is it that we have been asking for our legal representation, particularly for myself and for the judge, by the State? But the State apparently has money to give to the prosecutors.”
He emphasised the complexity of the case – involving as many as 340 potential witnesses and multiple charges – and said it required dedicated, competent legal counsel.
Shanghala also drew attention to pending collateral review applications in the High Court, which he said were scheduled for case management the following day, pointing to unresolved procedural issues that could affect trial fairness.
Accused persons and charges
Those charged in the Fishrot matter include Shanghala; former fisheries minister Bernard Esau; James Hatuikulipi; Tamson Hatuikulipi; Ricardo Gustavo; Pius Mwatelulo; former Fishcor chief executive Mike Nghipunya; Shuudifonya; Phillipus Mwapopi and Nigel van Wyk.
They collectively face 42 counts of fraud, corruption, money laundering and racketeering linked to the alleged manipulation of fishing quota allocations in favour of an Icelandic company.
Judge du Plessis reserved her ruling on an application to postpone the trial after defence counsel Florian Beukes informed the court that Esau had been admitted to hospital in Windhoek. Beukes noted that Esau’s previous hospitalisations in 2019 and 2023 had similarly disrupted proceedings.
On 13 January, the law firm Joas Neemwatya Inc., which represents Otneel Shuudifonya and three other accused, wrote to the justice ministry’s executive director, Dr Audrin Mathe, seeking approval for special legal aid tariffs for lawyers appointed to the Fishrot case.
In the letter, the firm argued that remuneration under the 2019 Legal Aid Tariffs is “grossly inadequate” for a matter of this scale. Current tariffs provide for N$5 000 for a first full day of court, N$2 500 for subsequent days and N$300 per hour for postponements, despite the State intending to call hundreds of witnesses.
The firm said several lawyers had already withdrawn from the case after the legal aid directorate declined to negotiate higher rates.
"These tariffs are, honestly speaking, unfortunately a joke for a case of this magnitude – with more than 300 State witnesses," the firm lamented.
Caprivi treason trial paid better
The law firm cited the Caprivi treason trial as precedent, where defence lawyers were granted a special monthly retainer of N$80 000, as well as other high-profile matters in which tariffs were adjusted.
The letter further referred to reports that prosecutors in the Fishrot case, including advocates Ed Marondedze and Vernon Lutibezi, had their annual remuneration increased from N$850 000 to N$1.5 million.
According to Joas Neemwatya Inc., this created a monthly disparity of about N$54 000 that was not extended to defence counsel, undermining the accused’s constitutional right to competent legal representation.
The firm noted that some defendants remain in custody, limiting consultation time with their lawyers.
Threat of court action
The firm requested that the legal aid directorate reconsider its position and approve special tariffs to ensure fairness and safeguard the right to a fair trial. It warned that, failing a response by 19 January, it would consider approaching the court to subpoena the executive director to account for the disparity.
In a response dated 15 January, Mathe rejected the request, describing it as surprising and citing budgetary constraints. He said the terms of engagement in other cases referenced by the firm were not comparable, adding that the legal aid directorate remained committed to ensuring that Shuudifonya was represented under the existing tariff framework.
The funding dispute resurfaced in open court on Monday, 19 January, when former justice minister Sacky Shanghala raised similar concerns before High Court judge Marelize du Plessis.
Shanghala told the court that public prosecutors are reportedly earning N$1.5 million per year, far exceeding normal public service standards, while accused persons struggled to secure adequately funded legal representation.
“It is important because it has a bearing on the fallacy that has been in this court,” Shanghala said. “Why is it that we have been asking for our legal representation, particularly for myself and for the judge, by the State? But the State apparently has money to give to the prosecutors.”
He emphasised the complexity of the case – involving as many as 340 potential witnesses and multiple charges – and said it required dedicated, competent legal counsel.
Shanghala also drew attention to pending collateral review applications in the High Court, which he said were scheduled for case management the following day, pointing to unresolved procedural issues that could affect trial fairness.
Accused persons and charges
Those charged in the Fishrot matter include Shanghala; former fisheries minister Bernard Esau; James Hatuikulipi; Tamson Hatuikulipi; Ricardo Gustavo; Pius Mwatelulo; former Fishcor chief executive Mike Nghipunya; Shuudifonya; Phillipus Mwapopi and Nigel van Wyk.
They collectively face 42 counts of fraud, corruption, money laundering and racketeering linked to the alleged manipulation of fishing quota allocations in favour of an Icelandic company.
Judge du Plessis reserved her ruling on an application to postpone the trial after defence counsel Florian Beukes informed the court that Esau had been admitted to hospital in Windhoek. Beukes noted that Esau’s previous hospitalisations in 2019 and 2023 had similarly disrupted proceedings.
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