Eba Kandovazu 

The Supreme Court of Namibia last Thursday upheld a High Court order restraining the accused in the ‘Fishrot corruption saga’ from accessing forfeited assets.

The forfeiture followed a 2020 application by Martha Imalwa, brought under the Prevention of Organised Crime Act in the High Court of Namibia, pending the outcome of the criminal trial.

An appeal by former justice minister Sacky Shanghala, former Investec Asset Management managing director, James Hatuikulipi, and businessman Pius Mwatelulo was dismissed with costs.

The full bench, comprising Theo Frank, Hanelie Prinsloo and Rita Makarau, rejected arguments that the restraint order was invalid on the basis that investigations were conducted by the Anti-Corruption Commission instead of the Namibian Police Force. 

“The ACC is an entity established by the Anti-Corruption Act, which is tasked with the duty ‘to receive or initiate and investigate allegations of corrupt practices. The accounts of suspected persons at financial institutions can be accessed by the ACC. In addition, the Anti-Corruption Act regulates the search and entry powers as well as the power to arrest suspects.

The powers of the ACC are thus broadly similar to those of NamPol when it comes to the investigation of corrupt practices,” the court found.

The Fishrot matter has been on the High Court roll since September 2021, following the completion of investigations and the arrest of suspects in November 2019.

Other accused include former fisheries minister Bernhardt Esau, his son-in-law Tamson Hatuikulipi, former Fishcor chief executive officer Mike Nghipunya, as well as Ricardo Gustavo, Otneel Shuudifonya, Nigel van Wyk and Philipus Mwapopi.

At a previous court appearance in January 2026, High Court Judge Marelize du Plessis ordered that the criminal trial recommence on 09 March 2026.

-Nampa