Fishrot case appeal attempt fails in High Court

Otneel Shuudifonya's application to appeal against a January ruling by acting judge Marilize du Plessis was struck off the court roll in the High Court at Windhoek Correctional Facility. Du Plessis found that the notice for leave to appeal, filed by Shuudifonya's lawyer Joas Neemwatya, did not comply with the Criminal Procedure Act because it did not state the grounds for the intended appeal. She stated that leave to appeal to the Supreme Court is typically granted after an accused has been convicted and sentenced, which has not occurred for Shuudifonya or other accused in the Fishrot case.

Du Plessis explained that a ruling can only be appealed if it is a final decision that cannot be altered, is definitive of the parties' rights, and disposes of a substantial portion of the relief claimed. She concluded that the dismissal of Shuudifonya's application for a six-month postponement was not a final decision, as further postponement applications could still be made. Du Plessis also heard arguments from former attorney general Sacky Shanghala and co-accused James Hatuikulipi regarding their attempt to appeal a ruling dismissing their application for her recusal, with a decision scheduled for May 22.

On the same date, a ruling is expected on a request from Ricardo Gustavo and former minister Bernhard Esau for their trial to proceed while Shanghala and Hatuikulipi pursue their appeal.