Staff Reporter
AT LEAST four judges have recused themselves in the case involving the seven high level men accused of corruption relating to fishing quotas, largely known as the fishrot scandal, due to conflict of interest.
At the previous appearance of the accused men last month, Judge Orben Sibeya recused himself due to the fact that he has previously dealt with a matter relating to the fishrot scandal.
The other judges’ reasons include fishing interests in a company.
One of the judge’s daughter is a magistrate presided in another bail hearing of other accused persons in the fishrot saga, and had to recuse himself.
Another judge, according to court documents, recused herself because she served on the ACC commission of enquiry into the allocation of fishing quotas.
All of this came out yesterday during the bail appeal of former Fisheries Minister Bernard Esau and his son-in-law, Tamson ‘Fitty’ Hatuikulipi, which will now be heard in January next year after a postponement was made yesterday morning.
The two men are appealing their bail refusal in the high court.
On Monday, Judges Claudia Claasen and Harold Geier ordered that the respondents, being the state, should file their supplementary heads of arguments by 15 January 2021.
The applicants are to file their replying heads of argument by 22 January next year.
The matter was scheduled to be heard yesterday morning, however, Esau and Hatuikulipi’s lawyer, Richard Metcalfe, indicated that he wasn’t aware that the hearing would be on the day as a notification from the clerk of court wasn’t issued to him.
State Prosecutor Hesekiel Ipinge on his part requested that the state be notified at least two weeks in advance, if a new judge is to be assigned to the matter.
“This case has been marred by a lot of speculation and public interest. I just want to explain that the recusal of the four judges from the appeal is no mystery. We have quite a small legal community and the judges merely recused themselves because they felt compromised,” Metcalfe explained to the court.
Apart from Esau and Hatuikulipi, the other men implicated and arrested in connection with the fishrot scandal are former Justice minister Sacky Shanghala, former Investec CEO James Hatuikulipi, former Investect Namibia manager Ricardo Gustavo, Pius Mwatelulo and former CEO of Fishcor Mike Nghipunya.
