Esau Pleads for Fishrot Trial to Begin Despite Legal Hurdles

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Windhoek: Former fisheries minister Bernhardt Esau has appealed to the High Court to proceed with the much-anticipated 'Fishrot' trial despite pending legal hurdles. During proceedings on Monday, Esau's lawyer, Florian Beukes, urged the court to begin the trial regardless of ongoing interlocutory applications and a pending bid to recuse the presiding judge, Marelize du Plessis.

According to Namibia Press Agency, Beukes argued, "My client is 68 and this trial might even take up to 10 years, My Lady. My client just wants to assert his rights." The matter, which has long been delayed since Esau and his co-accused's incarceration in November 2019, was set down in January for trial on March 9, 2026.

Esau was arrested alongside former minister of justice, Sakeus Shanghala, former Investec asset management managing director James Hatuikulipi, Pius Mwatelulo, Tamson Hatuikulipi, Nigel van Wyk, Ricardo Gustavo, former Fishcor CEO Mike Nghipunya, Phillipus Mwapopi, and Otneel Shuudifonya. Allegations are that they received bribes from Icelandic fishing company Samherji, in exchange for fishing quotas.

On Monday, High Court Acting Judge du Plessis postponed the matter to Wednesday. Shuudifonya's lawyer, Joas Neemwatya, argued that he needed more time to properly prepare for the trial. He stated that he has not been able to properly consult his client as the Windhoek Correctional Facility trial awaiting section only has two consultation rooms, which are not exclusively reserved for his client. "Things beyond my client's control are making it difficult for him to properly prepare, he has not been afforded sufficient time to prepare for trial," Neemwatya argued.

Ileni Gebhardt, who represents Ricardo Gustavo, objected to a further extension of the trial, saying it cannot be delayed further. Shanghala is set to also apply for leave to appeal a ruling that dismissed his application to have Du Plessis recused. Milton Engelbrecht, who represents accused Mwapopi, also argued that he is ready to proceed with the trial.