JUDGE Herman Oosthuizen this afternoon dismissed an application by the Law Society of Namibia (LSN) for a search and seizure warrant to allow it to inspect the books of Sisa Namandje & Co Inc’s trust account.
The High Court Judge deferred the application on the grounds that the LSN abdicated its responsibility to the Director and its rules do not allow for the Director to make decisions on behalf of Council.
Sisa Namandje, in his reply to the application, questioned LSN’s authority, adding that he was at all times cooperative.
The Law Society maintained that Namandje was not cooperative and forth coming at its request.
Namandje also questioned the LSN’s quorum, as well as the persons present at the meeting where the decision to inspect his books was made.
Namandje argued in court that the Law Society went against its own rules.
Oosthuizen at the start of his judgment said he would not read the entire judgment, but that it would be made available.
He ruled that the LSN rules do not allow for the Director to make decisions on behalf of Council.
A number of Council members, however, distanced themselves from the matter, citing conflict of interest.
Some of them are lawyers representing the accused persons in the fisheries corruption scandal, while others have been linked to the Icelandic fishing company Samherji at the centre of the ongoing Fishrot scandal.
Namandje during the hearing also suggested that legal practitioners were not being treated equally.
Namandje’s troubles with the LSN began last year after the Aljazeera documentary implicated him in the corruption scandal.
There were also allegations made that millions of dollars were laundered through his law firm’s trust account.
He subsequently refused the LSN access to his books, citing that their request is vague as it does not indicate from where exactly and which clients of his will be exposed.
He further maintained that the risk of exposure for all his clients will be high and the client-attorney privileges will be compromised.
Namandje was represented by Kadhila Amoomo, while Uno Katjipuka-Sibolile represents the LSN.
Judge Oosthuizen dismissed the LSN’s application with costs.