Iuze Mukube
After nearly six years, the fishing quota corruption trial, in which the country’s fisheries resources were allegedly stolen at an unprecedented scale, will start on 9 March 2026.
Acting Judge Marilize du Plessis, while rejecting yet another postponement application lodged by former minister Sacky Shanghala, gave trial dates for the matter.
The accused face 42 charges, including corruption, fraud, racketeering and other offences linked to the Fishrot scandal.
The charges arise f rom the State alleging that the accused helped an Icelandic fishing company, Samherji, gain access to Namibian fishing quotas through corrupt and fraudulent means. Shanghala, with the inclusion of fellow accused Pius Mwatelulo, James Hatuikulipi and Otneel Shuudifonya, lodged the postponement application last year.
The application moved to delay their trial until a civil review application before another judge is finalised.
That application before Judge Shafimana Ueitele seeks to restrain and order the Anti-Corruption Commission (ACC) and the prosecutor general from continuing to prosecute them based on evidence they allege was obtained illegally by the commission. The applicants argued that they cannot be tried for an illegality, as that would infringe on their constitutional right to a fair trial.
Du Plessis, who refused the postponement application, stated that she found the distinction between illegally obtained evidence and inadmissible evidence to be forced and no authority was presented to substantiate such.
She added that it is impossible to determine whether any evidence will be inadmissible on the basis suggested by the applicants. This is because, as established, evidence obtained lawfully by ACC can be used in respect to the alleged Prevention of Organised Crime Act (POCA) offences.
She added that the civil matter will take more than two years to come to fruition, and the length of the request to postpone the matter was the discretion the court had to consider, as the accused have been in court for years now.
She further refused Shanghala and Mwatelulo’s application for postponement which was based on the fact that it was in their constitutional right to engage a legal representative of their choice.
She then set down the matter to continue for trial from 9 to 20 March 2026.
A prior date of 27 January 2026 was set for a pre-trial conference for the court to explain to the accused their rights.
Shuudifonya obtained legal representation from Joas Neemwayta. His request to delay the matter for better preparation for the trial was also refused.
The judge on the matter stated that she can understand that he will need time to prepare for trial but cannot fathom that it will take him more than a couple of months to adequately prepare.
She said any legal representative who joins the Fishrot proceedings does so by choice, very well knowing that it will need extra hours of preparation and consultation. Ricardo Gustavo obtained legal representation from Ileni Gebhardt. He said he is ready to proceed with the trial, and that he has been in custody for too long.
Shanghala promised to appeal the ruling. The other accused in the matter are former fisheries minister Bernhardt Esau, Tamson Hatuikulipi, Mike Nghipunya, Nigel van Wyk, and Phillipus Mwapopi.
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