‘It’s still a cage’: Fishrot accused want new courtroom

Although the metal grilles enclosing the docks at the High Court courtroom of the Windhoek Central Prison have been removed, four of the Fishrot accused are persisting with their application to be moved to another courtroom.

“The cage still exists, even without the metal security bars. It’s a cage, not a dock,” argued former justice minister Sacky Shanghala, who is representing himself and three of his co-accused in the case.

Shanghala, Ricardo Gustavo, James Hatuikulipi and Pius Mwatelulo are demanding, under Section 149 of the Criminal Procedure Act, to be moved to another courtroom.

The High Court in Windhoek will rule on the matter on 14 February. The ruling was initially expected last week but was postponed.

This is one of several applications the Fishrot accused have brought before the High Court. Other applications include a request for the trial to be separated so that some of the accused are tried separately from the others, as well as applications for judge Moses Chinhengo – who is presiding over the main Fishrot trial – to be removed from the case.

‘Violated’ rights

This is not the first time the Fishrot accused have objected to the conditions of the courtroom where their trial and other court applications are being heard.

“The parties could not reach an agreement to resolve the dispute. This is because the government respondents refuse to sign a settlement agreement in which they concede that our fundamental right to be treated with dignity has been violated, as well as our right to be presumed innocent until proven otherwise,” the Fishrot accused state in court documents.

They argue that the removal of the bars does not change the fact that they had to sit behind them from 20 September 2022 to 16 September 2024. They also claim there are other issues with the courtroom, which is situated at the Windhoek Correctional Facility.

“The removal of the security bars does not address other shortcomings, such as the lack of desks (workspace), power outlets and seats with backrests.”

They further argue that photos taken while they were sitting behind the bars violated their right to dignity.

“What happened, happened. That our rights were violated is a fact. The government respondents refuse to even accept and acknowledge this fact.

“What they did instead was secretly remove the bars – which is a concession and proves that actions speak louder than words,” Shanghala argues in court documents filed in December.



Long-term impact

The Fishrot accused further claim that the case will have far-reaching consequences for the country’s legal system.

“Particularly regarding how individuals are treated when appearing in courtrooms that do not meet the requirements for respecting dignity and ensuring a fair trial.

“These courtrooms fail to meet the minimum standards expected under the Namibian Constitution,” the accused argue.

The Fishrot accused have also complained about the vehicle used to transport them and the five other accused to court. They claim they are transported on the back of a pick-up truck, which worsens health conditions some of them already suffer from.

There are ten Fishrot accused: Gustavo, Shanghala, Mwatelulo, James Hatuikulipi, Tamson Hatuikulipi, Mike Nghipunya, Bernhardt Esau, Phillipus Mwapopi, Otneel Shuudifonya, and Nigel van Wyk.

Most have been in custody at Windhoek Central Prison since November 2020, with Van Wyk being the only accused currently out on bail.



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