Iuze Mukube
A ruling delivered by Magistrate Monica Andjaba last Friday has cleared the way for the trial of former fisheries minister Mac-Albert Hengari and his co-accused to proceed.
The matter was postponed to 21 July 2025 for plea.
Hengari (59) and his 30-year-old co-accused remain in custody after their attempt to squash their charges was dismissed in court on Friday.
The duo each face a charge of attempting to defeat or obstruct the course of justice.
The charge involves an accusation that on 26 April 2025, in Windhoek, Hengari wrongfully and unlawfully attempted to defeat the course of justice by offering the 21-year-old purported victim N$222 000 to withdraw the rape case she lodged against him.
Andjaba stated that the application to squash the charges was premature, as the State has the obligation to lead evidence to prove the allegations made in the charge sheet and must be afforded the opportunity to do so.
Further, it would be an ill-advised and probably hazardous course for the court, based on a statement, to determine the matter to finality without having afforded the State its basic and procedural right to lead evidence in proof of the allegations.
The magistrate added that to drop the charges because the charge sheet does not contain the charge of rape and that the charge of obstructing or defeating the course of justice cannot stand independently without the charge of rape would be premature.
Additionally, it would be unjust and unfounded and may endanger the interests of justice and fairness.
She added that the objections raised by the defence do not align with provisions of section 85; hence, the application for dropping charges was dismissed.
The defence had raised an objection to the State’s charges in terms of sections 85 and 92 of the Criminal Procedure Act.
Essentially, the sections provide that an accused may, before pleading, challenge the formal sufficiency of the charge where it fails to meet statutory requirements regarding clarity, essential elements, or format.
Patrick Kauta represents Hengari while Kadhila Amoomo is on record for the second accused, with Advocate Filistas Shikerete-Vendura assisted by Rowan van Wyk for the State.
Photo: Heather Erdmann