Windhoek: The Fishrot matter has been postponed to 24 April 2026 for Judge Marelize du Plessis to hear an application made by Ricardo Gustavo's lawyer Ileni Gebhardt, seeking the main criminal trial to proceed pending the outcome of two interlocutory applications.
According to Namibia Press Agency, Gebhardt argued on Wednesday that the prolonged stay of the trial would be harmful to other accused persons. This follows former justice minister Sakeus Shanghala's application for leave to appeal a ruling that dismissed his application to have Du Plessis recuse herself.
Gustavo and Shanghala were arrested alongside former minister of fisheries and marine resources Bernardt Esau, former Investec Namibia 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.
Gebhardt argued further that the repeated delay of the trial infringes on her client's right to a speedy trial. She said there is no legal basis to stay the proceedings, which were initially set to start earlier this week.
She argued that the delays violate her client's constitutional rights and hold other accused persons hostage to the litigation strategies of their co-accused, arguing that the recusal application, in her view, has a low probability of success. She also argued against what she termed the abuse of legitimate court procedures.
Other lawyers in the matter, Florian Beukes, Mbanga Siyomunji, and Milton Engelbrecht support Gebhardt, and have since been ordered to file their submissions. Joas Neemwatya, who represents Otneel Shuudifonya, has requested more time to properly prepare for the trial.