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Fishrot Six lodges appeal against High Court judgment

Fishrot Six lodges appeal against High Court judgment

Niël Terblanché

THE Fishrot Six have given notice to the Supreme Court of Namibia that they intend to appeal against the judgement handed down in the Windhoek High Court on 27 December 2019.


In their notice filed with the registrar on 3 January 2020 Bernhard Esau, Sackeus Shanghala, James Hatuikulipi, Ricardo Gustavo, Tamson Hatuikulipi and Pius Mwatelulo stated that they will appeal against the whole of the judgement delivered by Justice Kobus Miller at the end of last month.


Justice Miller found that the six accused persons in their application to get the arrest warrants issued by a Windhoek Magistrate declared null and void in the High Court failed to explain why the matter should be treated as urgent as required by Rule 73 of the High Court. The judge ruled that the matter be struck from the court roll and dismissed the matter with costs to the applicants.


In their notice the appellants states that with his ruling the Judge effectively allowed an invalid warrant to constitute the basis for the deprivation of liberty by the mere striking of their application from the roll. The appellants further state that Judge Miller failed to properly appreciate the full extent of Article 7 of the Namibian Constitution.


They further state in their notice that the matter of the violation of their rights was never satisfactorily answered by the respondents in the High Court application.


The appellants sate in their notice that they can show that the warrants of arrest are invalid, which left impacts on the legal justification for their continued detention. They further argue in their notice that the State is unable to show any prejudice that it will suffer of the Appellants are released.


The appellants in their notice indicated that they will apply for an expedited hearing date in view of the issue involved in this case, particularly, the liberty of the appellants, the infringement of their rights which are ongoing, their personal circumstances which are deteriorating and the family and financial position which is negatively impacted upon by the unlawful incarceration.


Fishrot Six was recently moved from the Seeis Police Station, where they were incarcerated since their arrest at the end of November 2019, to the Windhoek Central Correctional Facility.

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