Disgraced ex-Cabinet minister Sacky Shanghala lodged another application in the Windhoek High Court to have Judge Moses Chinhengo removed from the Fishrot trial.

He is seeking leave to cite both Chinhengo and Judge President Petrus Damaseb in an application he plans to bring, to set aside the decision of the President to appoint Chinhengo as a judge of the High Court of Namibia as unconstitutional. 

He is bringing the current application as it is not competent to issue any process against a judge without first obtaining permission to do so from the court. According to papers filed at the High Court, Chinhengo was appointed by the late President Hage Geingob as an acting judge for the period 18 September to 31 December 2023. However, Shanghala states in his submissions, the tenure of Chinhengo lapsed because of the ‘efflux’ of time, but the judge continues to preside over the Fishrot matter on the strength of that appointment without his tenure being prolonged by lawful actions. He further said the appointment of Chinhengo is unconstitutional as he already turned 67 years at the time of his appointment. 

Shanghala is joined in the application by his long-time friend and business associate James Hatuikulipi and Pius Mwatelulo. He is not impugning the conduct of neither Chinhengo nor Damaseb, even if the application is served on them, but the decision of the President to appoint Chinhengo. The Namibian Constitution stipulates that a sitting judge may not be over the age of 70. He further argued that a judge who has already reached the age of 65 must retire, unless the age of retirement is extended by the President, but only to 70. He submitted that this power does not extend to any judge, but to judges appointed in line with the Constitutional requirements. In line with this provision, Shanghala stated, the appointment of Chinhengo is unconstitutional and should be set aside. 

But to move for such an application, they need the consent of the High Court to cite the two judges concerned, Shanghala argued. 

The matter has not been allocated to a judge yet and the State has not indicated if they will oppose the matter.

-rrouth@nepc.com.na