Prosecutor General Martha Imalwa has filed an appeal in the Supreme Court against an order that the legal fees of former fisheries minister Bernard Esau can be paid from his restrained assets.
The ruling was recently made by Windhoek High Court Judge Beatrix de Jager.
Lawyer Florian Beukes, who has been representing Esau since his arrest, made the announcement on Wednesday during the hearing to determine dates for the application for separation brought by former justice minister Sacky Shanghala.
Beukes told Windhoek High Court acting judge Moses Chinhengo that he has filed oppositing papers against the appeal.
He also informed the judge that he received instructions from Esau to join the separation application by Shanghala, James Hatuikulipi and Pius Mwatelulo.
Beukes told the judge that he will continue to represent Esau in the separation application and the appeal in the Supreme Court, but if they fail in the Supreme Court, he will have no choice but to withdraw from the main trial.
He further said that he has been representing Esau for the last three years without funds, and cannot continue to do so.
The judge set down 13 September as the date for the separation application. He further ordered that the State and any party that wishes to must reply by 9 September and if there is any reply by the applicants, 11 September. Shanghala complained about the timelines set by the judge ,and flat-out accused Chinhengo of bulldozing the process through.
He asked how it could be a fair process if he is not given a chance to study the State’s reply, and answer to it substantively. Judge Chinhengo, however, did not budge and said that interlocutory applications must be disposed of in a speedy manner to allow the main trial to proceed. He said in his view, the timetable is reasonable, and gives everyone a fair chance.
Ricardo Gustavo also had an opinion on the matter. He told the judge that he only got sight of the application on Tuesday night when he was discharged from hospital and did not have the chance to study it and make up his mind whether he supports the application or is against it.
Gustavo told the judge that the High Court rules make provision for a period of 14 days to either oppose or support an application of this nature. Milton Engelbrecht, on behalf of Mike Nghipunya, Otneel Shuudifonya and Phillipus Mwapopi, told the judge that while he has no instructions at this stage on the separation application, he reserves his rights. He asked the court to, in the event his clients do not wish to partake, excuse him from the proceedings.
Shanghala also reminded the judge that he has a pending application in the High Court on Friday to get permission to use the judge’s and Judge President Petrus Damaseb’s names in an application to determine the validity of Chinhengo’s appointment.