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May 2026
The Namibian
Otneel Shuudifonyahad an attempted appeal struck off the court rollin the High Court at Windhoek
Source
“The attempted appeal, filed by one of the accused in the matter, Otneel Shuudifonya, was struck off the court roll in the High Court at Windhoek Correctional Facility yesterday.”
Otneel Shuudifonyais seekinga stay of proceedings for his lawyer to properly prepare
Source
“Meanwhile, Otneel Shuudifonya, represented by Joas Neemwatya, is seeking a stay of proceedings for his lawyer to properly prepare for the main trial.”
Shuudifonyawas relocatedfrom 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.”
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.
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.
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.
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.
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.
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.
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.
Former Justice Minister Sackeus Shanghala has criticized the state's decision to pay prosecutors N$1.5 million in the Fishrot corruption case while denying similar funding to defence counsel, arguing it violates fair trial principles and creates unequal arms between prosecution and defence. The High Court has postponed the matter to 21 January 2026 for a ruling on the remuneration dispute and whether the trial should be postponed.