… Shanghala, Hatuikulipi, Pius Mwatelulo, Bernardt Esau, Gustavo, Tamson Hatuikulipi, Mike Nghipunya, Shuudifonya, Phillipus Mwapopi and Nigel van Wyk are charged with corruptly receiving payments of at least N$300 million to give the Icelandic fishing company Samherji a competitiv …
… Other accused include former fisheries minister Bernhardt Esau, his son-in-law Tamson Hatuikulipi, former Fishcor chief executive officer Mike Nghipunya, as well as Ricardo Gustavo, Otneel Shuudifonya, Nigel van Wyk and Philipus Mwapopi. …
… Lawyers Florian Beukes, representing Esau and his son-in-law Tamson Hatuikulipi, and Trevor Brockerhoff, representing Ricardo Gustavo, at the time informed judge Orben Sibeya in the Windhoek High Court that they decided to withdraw the applications to have money released from the …
… hannelled to six of the men charged in the Fishrot case – James Hatuikulipi, who is a former Fishcor board chairperson, former justice minister and attorney general Sakeus Shanghala, ex-minister of fisheries and marine resources Bernhard Esau, Esau’s son-in-law Tamson Hatuikulipi …
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.
Why it matters
Esau defence argues seven years pre-trial detention violates constitutional rights in major corruption and racketeering 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.
Legal experts say engaging senior private practitioners to prosecute the Fishrot fraud case would cost the government at least N$6 million annually, far more than the state advocates currently handling it—though prosecutors benefit from job security and pension entitlements unavailable in private practice.
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.
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.