Iuze Mukube
Windhoek High Court Acting Judge Marilize du Plessis yesterday struck from the roll an application lodged by fraud and corruption accused Otneel Nandetonga Shuudifonya, which sought leave to appeal against the dismissal of his postponement application.
The postponement application sought to have the Fishrot trial stayed for six months to allow Shuudifonya reasonable time to prepare for trial.
Following the dismissal of the postponement application on 21 January 2026 by Judge Du Plessis, Shuudifonya, with his lawyer Joas Neemwatya, filed an application for leave to appeal the ruling.
The State, represented by Cliff Litubezi, assisted by Ed Marondedze, opposed the application. In the ruling yesterday, Du Plessis found that the decision to dismiss the postponement application was not final, in the sense that should new reasons arise, any of the parties can still ask for a postponement again.
“The ruling did not provide definite and distinct relief to any of the parties in the criminal trial and did not dispose of any of the relief sought in the main trial.” It can be understood that the judge found the decision to be interlocutory in nature, meaning it was not a final decision and that the decision did not determine any of the issues in the main trial.
“On this point alone, the applicant’s application for leave to appeal the postponement ruling should be struck from the roll,” said the judge.
Drawing from the State’s point in limine that the application for leave to appeal was procedurally defective, Du Plessis found that the applicant’s application contained no grounds of appeal and was accompanied by an affidavit of Shuudifonya.
Du Plessis found, as set out in established legal authority on applications for leave to appeal, that it was the end of the road for the appellant in this set of papers.
She found that Shuudifonya’s notice of appeal did not comply with the requirements as set out in section 316 of the Criminal Procedure Act.
She added that it cannot be cured since it amounts to a nullity.
“For this reason, the matter stands to be struck from the roll.”
The matter was postponed to 22 May 2026 for ruling on the leave to appeal the recusal application of Sacky Shanghala and James Hatuikulipi.