Iuze Mukube 

Windhoek High Court Acting Judge Marilize du Plessis has dismissed an application to recuse herself from the case of former justice minister Sacky Shanghala, which is involving alleged corruption activities related to Namibian fishing quotas. 

The application, which was brought forth in February this year, contended that she should recuse herself on the grounds that she harboured bias and would not be able to preside over the matter impartially. The applicants were Shanghala and James Hatuikulipi. 

In the judgement where she dismissed the application, the judge, firstly stated that the rules of the High Court which are applicable to civil procedure cannot be applied ‘slavishly’ to those in criminal matters. 

In other words, she found that the applicants relied on civil procedure rules that do not apply to the criminal trial and therefore their preliminary objections [points in limine] they raised were dismissed. The judge also stated that a claim of reasonable apprehension of bias must be based on correct and proven facts. Basically, the facts must be there for the reasonable person to believe that the judge might be biased, and not just on mere allegations or assumptions. 

She added that “where a court in a marginal case fears there might be an apprehension of bias, such fact should be disclosed to the parties immediately.” 

The grounds upon which the now dismissed application stood was on the courts alleged predetermination that a deliberate delay tactic exists with the many applications brought thus far by the accused persons. 

Another ground was that the court cannot see the State’s wrongdoing and only sees the conduct of the accused persons and that their applications are nothing more than a delay tactic. 

Du Plessis stated that the finding that the commencement of the case has been delayed is a fact, not a value judgement. 

She also said that a reasonable person will not form a reasonable apprehension of bias based on the court’s finding regarding the delays in the matter. 

She then dismissed the recusal application and the application to remand the case indefinitely pending the reallocation of the case to another judge. 

The judge postponed the matter to 13 April 2026 for the hearing of a leave to appeal application. 

–mukubeiuze@gmail.com