I will not be forced to continue with trial, Shanghala says
Former justice minister Sacky Shanghala told the High Court last week that he would rather file countless applications than be subjected to what he described as an unfair trial.
Shanghala insisted he would not accept what he described as the “illegalities” of the Anti-Corruption Commission’s investigation.
Speaking firmly, he said his battle in court is not about delays but about ensuring justice.
Shanghala, who has been behind bars since 2019 on charges linked to the Fishrot scandal, stressed that his actions should not be seen as stalling the proceedings.
“I will fight to have the matter resolved, regardless of how long it takes,” he said, dismissing accusations by the State that his applications are merely delay tactics.
“I do not care how many applications I bring forth, I will not be forced to continue with the trial,” Shanghala said.
He added: “Do not shove things down my throat; I will not accept the illegalities and the conduct under which the ACC has conducted investigations."
International standards
The latest application, brought by Shanghala together with James Hatuikulipi and Pius Mwatelulo, concerns documents contained in the Fishrot case investigation diary, which the trio argues the State has unlawfully withheld.
Deputy prosecutor general Ed Marondedze countered that the application was baseless and should be dismissed.
“For someone who boasts about being a former attorney general, Shanghala should know that the documents he seeks are contained in the investigation diary, which are not necessary to disclose,” Marondedze told judge Marlize du Plessis.
In addition, Shanghala challenged an audit report prepared by Deloitte and submitted to the prosecutor general, claiming it failed to meet international auditing standards and questioning its legality.
Marondedze described it as “shocking for a former attorney general to allege that what has been done is illegal,” noting that the collection of information was carried out in line with international conventions.
Judge du Plessis last week postponed the matter to 8 September for ruling.
Du Plessis also turned down legal aid lawyer Petrus Elago’s request for six months to review trial documents in the Fishrot case.
Elago, who represents Ricardo Gustavo, argued that the large volume of material requires more time for him to prepare. The judge, however, directed him to prioritise the matter instead.
A pattern of applications
The latest filing adds to a string of previous applications brought by Shanghala and his co-accused.
In July, the accused sought to have all rulings made by former trial judge Moses Chinhengo declared null and void, arguing his appointment was unconstitutional.
That application was dismissed by deputy judge president Hannelie Prinsloo.
Chinhengo stepped down from the Fishrot case a month ago after resigning for personal reasons, with judge president Petrus Damaseb formally accepting his resignation.
Before that, they also launched bail applications and other procedural motions dating back to their 2019 arrests – standard defence tactics that critics say have added to delays in bringing the case to trial.
Shanghala insisted he would not accept what he described as the “illegalities” of the Anti-Corruption Commission’s investigation.
Speaking firmly, he said his battle in court is not about delays but about ensuring justice.
Shanghala, who has been behind bars since 2019 on charges linked to the Fishrot scandal, stressed that his actions should not be seen as stalling the proceedings.
“I will fight to have the matter resolved, regardless of how long it takes,” he said, dismissing accusations by the State that his applications are merely delay tactics.
“I do not care how many applications I bring forth, I will not be forced to continue with the trial,” Shanghala said.
He added: “Do not shove things down my throat; I will not accept the illegalities and the conduct under which the ACC has conducted investigations."
International standards
The latest application, brought by Shanghala together with James Hatuikulipi and Pius Mwatelulo, concerns documents contained in the Fishrot case investigation diary, which the trio argues the State has unlawfully withheld.
Deputy prosecutor general Ed Marondedze countered that the application was baseless and should be dismissed.
“For someone who boasts about being a former attorney general, Shanghala should know that the documents he seeks are contained in the investigation diary, which are not necessary to disclose,” Marondedze told judge Marlize du Plessis.
In addition, Shanghala challenged an audit report prepared by Deloitte and submitted to the prosecutor general, claiming it failed to meet international auditing standards and questioning its legality.
Marondedze described it as “shocking for a former attorney general to allege that what has been done is illegal,” noting that the collection of information was carried out in line with international conventions.
Judge du Plessis last week postponed the matter to 8 September for ruling.
Du Plessis also turned down legal aid lawyer Petrus Elago’s request for six months to review trial documents in the Fishrot case.
Elago, who represents Ricardo Gustavo, argued that the large volume of material requires more time for him to prepare. The judge, however, directed him to prioritise the matter instead.
A pattern of applications
The latest filing adds to a string of previous applications brought by Shanghala and his co-accused.
In July, the accused sought to have all rulings made by former trial judge Moses Chinhengo declared null and void, arguing his appointment was unconstitutional.
That application was dismissed by deputy judge president Hannelie Prinsloo.
Chinhengo stepped down from the Fishrot case a month ago after resigning for personal reasons, with judge president Petrus Damaseb formally accepting his resignation.
Before that, they also launched bail applications and other procedural motions dating back to their 2019 arrests – standard defence tactics that critics say have added to delays in bringing the case to trial.
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