Iuze Mukube
Acting Judge Moses Chinhengo is adamant that the plea-taking stage in the Fishrot scandal must proceed until completion, despite a special plea lodged by accused Sacky Shanghala.
Judge Chinhengo rejected Shanghala’s contention that the court does not have jurisdiction to hear the case and, therefore, sees no reason why the proceedings should be halted.
This came after the accused lodged a plea yesterday, claiming that the court has no jurisdiction to try the offences in the preferred charges and the indictment.
Shanghala stated that their rights to a fair trial will be prejudiced if tried by a court which is not “independent, impartial and competent”, as prescribed by law.
Secondly, he submitted that under Article 12 of the Constitution, the court is not “independent, impartial and competent” in that the appointment of the presiding officer, Chinhengo, is unconstitutional.
Since judges retire at age 65, the judge’s age was 67 when appointed as an acting judge by late President Hage Geingob, making it as claimed by the accused unlawful.
Consequently, the retirement age was not extended by law to fit his appointment, and an extension is only possible if the judge has not reached the age of 65, and cannot be granted after that, Shanghala stated.
The special plea essentially denies Judge Chinhengo the power to preside over the plea hearing because doing so would probably result in an unfair and biased trial, he argued.
In order to allow for a reply to the plea they filed against the judge to the State, Shanghala also requested that the plea-taking be moved to early February next year.
However, Chinhengo said the plea lodged will not alter the requirement that the pleadings be taken because he has already exercised his authority to ensure the trial continues and will not, under any circumstances, postpone it.
When an accused enters a plea, they formally state whether they accept (plead guilty) or deny (plead not guilty) to the charges brought against them.
The Fishrot accused are facing over 40 charges, of which so far pleas have been entered on only four counts, leaving most of the allegations yet to be addressed.