Windhoek: The Supreme Court of Namibia on Thursday upheld a High Court order restraining the accused in the 'Fishrot corruption saga' from accessing forfeited assets.

According to Namibia Press Agency, the forfeiture followed a 2020 application by Martha Imalwa, brought under the Prevention of Organised Crime Act in the High Court of Namibia, pending the outcome of the criminal trial. An appeal by former justice minister Sacky Shanghala, former Investec Asset Management managing director James Hatuikulipi, and businessman Pius Mwatelulo was dismissed with costs.

The full bench, comprising Theo Frank, Hanelie Prinsloo, and Rita Makarau, rejected arguments that the restraint order was invalid on the basis that investigations were conducted by the Anti-Corruption Commission instead of the Namibian Police Force. The court found that the Anti-Corruption Commission (ACC) is an entity established by the Anti-Corruption Act with the duty to receive or initiate and investigate allegations of corrupt practices. The ACC has the authority to access the accounts of suspected persons at financial institutions, and its search, entry, and arrest powers are broadly similar to those of the Namibian Police Force (NamPol) when investigating corrupt practices.

The Fishrot matter has been on the High Court roll since September 2021, following the completion of investigations and the arrest of suspects in November 2019. Other accused include former fisheries minister Bernhardt Esau, his son-in-law Tamson Hatuikulipi, former Fishcor chief executive officer Mike Nghipunya, as well as Ricardo Gustavo, Otneel Shuudifonya, Nigel van Wyk, and Philipus Mwapopi.

At a previous court appearance in January 2026, High Court Judge Marelize du Plessis ordered that the criminal trial recommence on 09.