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April 2026
The Namibian
James Hatuikulipiis asking to appeal tothe Supreme Court against a recusal ruling by Du Plessis
Source
“Former attorney general and minister of justice Sacky Shanghala and his business partner James Hatuikulipi are asking Du Plessis to allow them to appeal to the Supreme Court against her decision five weeks ago not to recuse herself from their criminal case about the alleged illegal acquisition and use of Namibian fishing quotas.”
James Hatuikulipiis seekingleave to appeal the recusal of the presiding judge
Source
“Former justice minister Sacky Shanghala and his co-accused James Hatuikulipi are seeking leave to appeal to the Supreme Court the application that sought the recusal of the presiding judge, Marilize du Plessis.”
James Hatuikulipilodged an appeal againsta Poca restraint order on his assets
Source
“An appeal of former attorney general and minister of justice Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo against a Poca restraint order in respect of a wide range of assets belonging to them was dismissed in the Supreme Court in Windhoek on Thursday.”
James HatuikulipilostSupreme Court appeal against assets restraint order
Source
“The appeal of former attorney general and minister of justice Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo was dismissed in the Supreme Court in Windhoek on Thursday.”
James Hatuikulipiwas relocated fromC section to Echo Unit at start of May
Source
“In a sworn statement filed in May last year, Hatuikulipi said he, Nghipunya, Shuudifonya, and Mwatelulo were relocated from C section to the Echo Unit – where they are held with the general population of awaiting-trial inmates – at the start of that month.”
Hatuikulipisaid in sworn statementhe and three others were relocated from C Section to Echo Unit at start of May
Source
“In a sworn statement filed at the court in May last year, Hatuikulipi said he, Nghipunya, Shuudifonya and Mwatelulo were relocated from C Section to Echo Unit, where they are held with the general population of awaiting-trial inmates, at the start of May last year.”
James Hatuikulipifiledapplication for judge Du Plessis's recusal
Source
“the recusal application, which was filed by two of the accused in the matter, former attorney general and justice minister Sacky Shanghala and James Hatuikulipi, last Tuesday”
James Hatuikulipifiled application seekingacting judge Marilize du Plessis's recusal from Fishrot trial
Source
“Former attorney general and justice minister Sacky Shanghala and one of his co-accused in the Fishrot fraud, corruption and racketeering case, James Hatuikulipi, want acting judge Marilize du Plessis to step down from their trial.”
Energy Minister Modestus Amutse granted Swiss commodity trader Vitol an exclusive mandate to supply Namibia's entire fuel needs from June to August under a contract valued at an estimated N$2.4 billion a month, raising concerns about fuel sector capture given Vitol's links to individuals connected to politicians and the decision's apparent circumvention of the Competition Commission's conditions on fuel sourcing.
Why it matters
Energy minister's exclusive fuel import deal to a foreign trader raises immediate concerns about market capture and government accountability in a critical sector.
Energy Minister Modestus Amutse granted Swiss commodity trader Vitol an exclusive mandate to supply Namibia's entire fuel needs from June to August under a contract valued at an estimated N$2.4 billion a month, raising concerns about fuel sector capture given Vitol's links to individuals connected to politicians and the decision's apparent circumvention of the Competition Commission's conditions on fuel sourcing.
An appeal filed by Fishrot accused Otneel Shuudifonya against a postponement ruling was struck off the High Court roll at Windhoek Correctional Facility after the acting judge found his notice for leave to appeal did not comply with Criminal Procedure Act requirements.
Defence lawyers for accused in the Fishrot fraud, corruption and racketeering case have argued that the trial of the 10 individuals charged should proceed while two accused pursue appeals against the judge's refusal to step down from the case.
Lawyer Florian Beukes argued in High Court that his client Bernard Esau, 69, has experienced oppressive pre-trial incarceration after seven years in custody since his arrest in November 2019, citing exhausted defence funds and violation of constitutional rights to a speedy trial. Esau and nine co-accused, including former Justice Minister Sacky Shanghala, face 42 counts including corruption and racketeering over allegedly receiving N$300 million in payments to favour the Icelandic fishing company Samherji.
A defence lawyer representing one of ten accused in the Fishrot fraud and corruption trial has argued to the High Court that proceedings should continue while appeals against earlier rulings are pursued, citing delays since 2021 and the constitutional right to trial within a reasonable period. Other defence lawyers largely supported the argument, though one disagreed, and the judge is scheduled to hear further oral arguments on 24 April.
The Fishrot case has been postponed to 24 April 2026 as former justice minister Sakeus Shanghala pursues leave to appeal a ruling dismissing his request for Judge Marelize du Plessis to recuse herself. Ricardo Gustavo's lawyer argues the repeated delays infringe the accused's right to a speedy trial and violate constitutional rights.
Proceedings in the high-profile corruption trial of former justice minister Sacky Shanghala and others have stalled over a disagreement about which of two competing appeals applications should be heard first—a recusal challenge or a stay-of-proceedings request. The court has adjourned until 5 May 2026 to resolve the procedural impasse.
Namibia's Supreme Court has upheld a High Court order preventing those accused in the Fishrot corruption case from accessing forfeited assets, rejecting an appeal by former justice minister Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo. The court found that the Anti-Corruption Commission had proper authority to conduct the investigation and that the restraint order remains valid pending the outcome of the criminal trial, which is scheduled to recommence in March 2026.
Three accused in the Fishrot fraud case—former attorney general Sacky Shanghala, James Hatuikulipi, and Pius Mwatelulo—lost their Supreme Court appeal against an assets restraint order imposed under the Prevention of Organised Crime Act. The court upheld the High Court's 2023 confirmation of the restraint, which freezes assets including bank funds, property, vehicles, and luxury goods belonging to six of the accused, and ordered the three appellants to pay the prosecutor general's legal costs.
Government-appointed curators tasked with seizing assets linked to the Fishrot corruption scandal face legal hurdles and institutional delays in accessing foreign properties owned by suspects, with a February 2025 court order needed to extend seizure powers abroad. The curators report ongoing obstacles including uncooperative banks, missed meetings with defendants, and slow responses from financial institutions, hampering their efforts to catalogue and recover assets valued at over N$317 million.
Acting Judge Marilize du Plessis has dismissed an application by former justice minister Sacky Shanghala and James Hatuikulipi to recuse her from their corruption trial related to fishing quotas, finding that the applicants relied on inapplicable civil procedure rules and that their bias claims lacked sufficient factual foundation.
Works and Transport Minister Veikko Nekundi has pledged to investigate allegations that TransNamib executive engineers who are board members of a joint venture improperly awarded a N$175 million railway maintenance contract without proper procurement processes. TransNamib denies the allegations, stating it adheres to all procurement procedures and holds 51% of the joint venture.
Acting judge Marilize du Plessis rejected an application by two accused in the Fishrot fraud and corruption case to recuse herself, finding that her factual observations about trial delays did not demonstrate bias and that her acquaintance with two state witnesses would not affect her impartiality.
Ex-Cabinet minister Sacky Shanghala is seeking to recuse Acting Judge Marilize du Plessis from the protracted Fishrot corruption trial, arguing her previous pronouncements show bias and prejudice, while co-accused Ricardo Gustavo opposes the application as a delay tactic unsupported by facts of actual bias.
Ricardo Gustavo, first accused in the Fishrot fraud and corruption case, says a recusal application by former attorney general Sacky Shanghala and James Hatuikulipi against acting judge Marilize du Plessis is intended to delay the trial. The judge is expected to rule on the recusal application on 23 March.
Former justice minister Shanghala has applied for High Court acting judge Marelize du Plessis to recuse herself from his corruption trial, arguing her statements characterizing his applications as delay tactics and her treatment of parties demonstrate bias. Co-accused and their legal representatives also challenge the judge's competence and impartiality.
The Namibian Correctional Service is attempting to relocate the four Fishrot-accused inmates from single cells to communal cells at Windhoek Correctional Facility, citing security and operational concerns. The move comes after a High Court judge recently ruled that a similar relocation was unlawful because the accused were not given a fair hearing, and the accused have warned they will return to court if the new notice proceeds.
An unfinished N$4.5 million house in Windhoek owned by Fishrot-accused Tamson Hatuikulipi is falling into disrepair, with structural damage and stolen materials, while court-appointed curators consider how to preserve the property's value under a 2020 asset restraint order related to the corruption case.
A Windhoek High Court judge has overturned a decision to move four Fishrot defendants from their designated section of Windhoek Correctional Facility, ruling that prison authorities failed to give them a hearing or explain the reasons for the move. The judge affirmed that the accused, who are presumed innocent, have the right to be heard before adverse decisions affecting them are made.
A Windhoek High Court judge has set aside a decision by prison authorities to move four Fishrot fraud trial accused—James Hatuikulipi, Mike Nghipunya, Otneel Shuudifonya and Pius Mwatelulo—from C Section to Echo Unit, finding that the authorities failed to hear them or provide reasons for the relocation. The judge emphasised that trial-awaiting inmates are human beings whose rights must be respected under the rule of law.
Ricardo Gustavo's legal team says they will "oppose vehemently" an application by former attorney general Sacky Shanghala and co-accused James Hatuikulipi to have High Court judge Marilize du Plessis step down from the Fishrot fraud and corruption trial. Shanghala claims Du Plessis showed bias through remarks suggesting the accused were using delaying tactics, but the state is also opposing the recusal application, with arguments scheduled for 9 March.
Former attorney general Sacky Shanghala and co-accused James Hatuikulipi have filed an application asking acting judge Marilize du Plessis to step down from their Fishrot fraud, corruption and racketeering trial, alleging bias and partiality. This is the third recusal application in the case; two previous judges turned down similar requests.
Former justice minister Sacky Shanghala has applied for Acting Judge Marilize du Plessis to recuse herself from presiding over the Fishrot matter, alleging bias and apprehension of partiality based on the Judge's statements and treatment of defence applications. The matter has been postponed to 11 February 2026, with a hearing on the recusal application scheduled for 9 March 2026.
Marén de Klerk, a fugitive lawyer wanted in connection with the Fishrot fraud case, is challenging the Namibian Police's seizure of his N$1.3 million retirement annuity with Sanlam Namibia, arguing the seizure violates the Pension Funds Act and that pension benefits cannot be seized under the Prevention of Organised Crime Act.
Acting judge Marilize du Plessis ruled that former justice minister Sacky Shanghala and two co-accused have been using a strategy to delay their Fishrot fraud, corruption and racketeering trial, which has been pending since October 2021 without witness testimony yet beginning. Du Plessis rejected their postponement applications and ordered the trial to continue, though she granted a brief postponement to allow defence representation time to prepare.
After nearly six years, the fishing quota corruption trial in which Namibian fisheries resources were allegedly stolen through deals with Icelandic company Samherji will begin on March 9, 2026. Acting Judge Marilize du Plessis rejected multiple postponement applications from former minister Sacky Shanghala and co-accused, ruling that lengthy delays in the civil review process and years of court proceedings weighed against further delay.
High Court Judge Marilize du Plessis postponed the Fishrot trial to 9–20 March 2026 after defendants' unsuccessful bid for a longer postponement pending a collateral review against the Anti-Corruption Commission. Sackeus Shanghala indicated he will appeal the judge's refusal, challenging the ACC's authority to have investigated evidence under the Prevention of Organised Crime Act prior to 2023.