High Court sees wave of applications from Fishrot defendants
Rita KakeloWindhoek
Since January 2024, the Fishrot accused have filed a dozen applications in the Windhoek High Court.The 12 applications have ranged from demands for greater access to electronic devices and the removal of burglar bars in the dock area at the Windhoek Prison Court to legal challenges over media coverage – including claims that the accused are being “dehumanised and scandalised” – and objections to being transported in police vehicles without seatbelts.
Throughout the protracted legal saga, the case has been overseen by four different judges. Acting judge Kobus Muller initially presided over several matters before judge Christie Liebenberg took over in January 2022.
Judge Moses Chinhengo handled the proceedings until his passing earlier this year, after which acting judge Marilize Du Plessis became the presiding officer.
Although the court has frequently ruled in favour of the State, the accused, who have been in custody for around six years, continue to file applications highlighting what they argue are procedural faults.
Latest
There appears to be no intention of stopping bringing new applications, with former justice minister Sacky Shanghala, James Hatuikulipi, Pius Mwatelulo and Otneel Shuudifonya having filed a new application on Monday seeking to postpone their trial, which was scheduled to begin this week.
The accused are asking acting judge Du Plessis to adjourn the criminal proceedings pending the outcome of a case in which they challenge prosecution based on evidence they claim was unlawfully obtained by the Anti-Corruption Commission and Prosecutor General Martha Imalwa.
During the hearing, Shanghala accused the prosecution and Imalwa of failing to follow proper procedures during the investigation into the alleged crimes. “Why did you arrest me if you had not finished investigating?” he asked state prosecutor Ed Marondedze.
The accused also requested that all trial dates scheduled for December and beyond be vacated. In addition, they seek more time to arrange proper legal representation, as they are currently representing themselves.
Marondedze denied the allegations that evidence was unlawfully obtained and rejected claims that the State is responsible for delays in the trial. “The State has never filed for postponement at any stage; we have been ready to proceed,” he said.
Shanghala also hinted at the possibility of filing another application challenging the indictment.
Protracted case
The other accused in the Fishrot sag are Ricardo Gustavo, former fisheries minister Bernhardt Esau, Tamson Hatuikulipi, Mike Nghipunya, Philipus Mwapopi, and Nigel van Wyk – the only one currently out on bail. The arrests began in late November 2019, starting on 23 November when Esau and Gustavo were taken into custody by police acting under the directives of the Anti-Corruption Commission (ACC). Two days later, on 25 November, police arrested Shanghala, James and Tamson Hatuikulipi as well as Mwatelulo, followed by several additional arrests connected to the same investigation.
Since January 2024, the Fishrot accused have filed a dozen applications in the Windhoek High Court.The 12 applications have ranged from demands for greater access to electronic devices and the removal of burglar bars in the dock area at the Windhoek Prison Court to legal challenges over media coverage – including claims that the accused are being “dehumanised and scandalised” – and objections to being transported in police vehicles without seatbelts.
Throughout the protracted legal saga, the case has been overseen by four different judges. Acting judge Kobus Muller initially presided over several matters before judge Christie Liebenberg took over in January 2022.
Judge Moses Chinhengo handled the proceedings until his passing earlier this year, after which acting judge Marilize Du Plessis became the presiding officer.
Although the court has frequently ruled in favour of the State, the accused, who have been in custody for around six years, continue to file applications highlighting what they argue are procedural faults.
Latest
There appears to be no intention of stopping bringing new applications, with former justice minister Sacky Shanghala, James Hatuikulipi, Pius Mwatelulo and Otneel Shuudifonya having filed a new application on Monday seeking to postpone their trial, which was scheduled to begin this week.
The accused are asking acting judge Du Plessis to adjourn the criminal proceedings pending the outcome of a case in which they challenge prosecution based on evidence they claim was unlawfully obtained by the Anti-Corruption Commission and Prosecutor General Martha Imalwa.
During the hearing, Shanghala accused the prosecution and Imalwa of failing to follow proper procedures during the investigation into the alleged crimes. “Why did you arrest me if you had not finished investigating?” he asked state prosecutor Ed Marondedze.
The accused also requested that all trial dates scheduled for December and beyond be vacated. In addition, they seek more time to arrange proper legal representation, as they are currently representing themselves.
Marondedze denied the allegations that evidence was unlawfully obtained and rejected claims that the State is responsible for delays in the trial. “The State has never filed for postponement at any stage; we have been ready to proceed,” he said.
Shanghala also hinted at the possibility of filing another application challenging the indictment.
Protracted case
The other accused in the Fishrot sag are Ricardo Gustavo, former fisheries minister Bernhardt Esau, Tamson Hatuikulipi, Mike Nghipunya, Philipus Mwapopi, and Nigel van Wyk – the only one currently out on bail. The arrests began in late November 2019, starting on 23 November when Esau and Gustavo were taken into custody by police acting under the directives of the Anti-Corruption Commission (ACC). Two days later, on 25 November, police arrested Shanghala, James and Tamson Hatuikulipi as well as Mwatelulo, followed by several additional arrests connected to the same investigation.
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