Sostenus Wilherm
The long-running High Court review application brought by former justice minister Sakeus Shanghala and 14 co-applicants against the Anti-Corruption Commission (ACC) and several other respondents has moved a step closer to being heard after the parties informed the court that the matter is ready for hearing.
During a status hearing before Deputy Judge President Shafimana Ueitele on Thursday, the parties filed a joint status report confirming that the review application is ripe for hearing and requested that it be allocated the earliest available hearing dates.
The parties proposed 31 July, 4 or 5 August, or 18, 19 or 20 August 2026 as possible dates for the hearing.
The application is one of the most significant legal challenges arising from the Fishrot corruption scandal. It was instituted by Shanghala, former Investec executive James Hatuikulipi, Pius Mwatelulo, Otneel Shuudifonya and several companies and trusts linked to the accused.
The respondents include the ACC, its Director-General and Deputy Director-General, the Prosecutor-General, the Attorney-General, the Inspector-General of the Namibian Police, the Prime Minister, the Namibia Revenue Agency (NamRA), Deloitte & Touche, the minister of finance, and several individuals connected to the investigation.
In their review application, the applicants seek to have the entire Fishrot investigation declared unlawful, arguing that the ACC failed to conduct the investigation independently, impartially and in accordance with the Constitution and the Anti-Corruption Act.
They also seek to set aside a range of investigative steps, including search warrants, summonses, the appointment of Deloitte & Touche as forensic investigators, the collection of evidence from foreign jurisdictions and the use of confidential tax information during the investigation.
Central to their application is a request for the High Court to permanently stay the Fishrot criminal prosecution, contending that the State’s case is built on evidence obtained through unlawful and unconstitutional investigative processes.
The respondents oppose the application and maintain that the investigation was conducted lawfully.
According to the joint status report dated 7 July 2026, all parties are satisfied that the matter is procedurally ready to proceed, with only the allocation of hearing dates remaining.
Once enrolled, the High Court will hear arguments on whether the investigation that laid the foundation for Namibia’s corruption prosecution complied with constitutional and statutory requirements.
