Iuze Mukube

Judge Moses Chinhengo gave directives yesterday for the Fishrot fraud, corruption and racketeering trial to proceed on 4 August 2025.

All pending matters affecting the commencement of the trial should be resolved beforehand, the judge said.

To ensure everything is finalised before the start of the trial, Chinhengo directed the parties involved in the matter to consult each other.

Prosecutor General Martha Imalwa, who indicated her availability, will facilitate the meeting to ensure the parties come to amicable resolutions.

She said she will hear from the accused which issues are blocking them from proceeding with the trial, and make sure they are addressed.

The pending issues comprise the disqualification application – seeking a recusal of Chinhengo from presiding over the trial – the renovation application of the docket – seeking WIFI access – and a review application of the charges.

Amongst all these pending issues, Chinhengo said legal representation remains the core obstacle.

Prior to this proceedings, he had informed the State that they should have an amicable solution for the matter of the accused seeking access to their frozen assets in order to pay for lawyers.

The State, represented by Ed Marondedze and assisted by Cliff Lutibezi, said for the accused to be granted access to their frozen assets, they should fully disclose their assets in line with the Prevention of Organised Crime Act.

However, he said the accused have not done so, pointing out that one accused even owns assets in South Africa.

Former justice minister Sacky Shanghala indicated they are ready to apply for an application granting them access to their funds, but are being blocked from meeting with the responsible curators.

For the accused to apply for access, they needed to disclose tax liabilities for their assets, and that can only be done by the curators.

The parties are to meet on 16 May 2025 to report or appraise the court of the resolution of the pending issues.

Chinhengo informed those without legal representation that regardless of any difficulties they may encounter in securing legal representation, the trial will proceed as scheduled.

Shanghala and his co-accused, including Ricardo Gustavo, ex-fisheries minister Bernhardt Esau, Tamson Hatuikulipi, Mike Nghipunya, Nigel van Wyk, Otneel Shuudifonya and Phillipus Mwapopi, face charges of corruption, fraud, racketeering and other offences linked to the Fishrot scandal.

The charges stem from allegations that the accused helped Icelandic fishing company Samherji gain access to Namibian fishing quotas through corrupt means.

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