WINDHOEK — Prosecutor General Martha Imalwa has initiated an appeal in the Supreme Court against a recent High Court ruling that allowed former Fisheries and Marine Resources Minister, Bernhardt Esau, to access funds from his frozen accounts for legal fees.
According to Namibia Press Agency, Esau’s lawyer, the appeal challenges a decision that facilitates Esau’s payment for legal representation through his previously inaccessible assets. This development was disclosed during a court session presided over by Judge Moses Chinhengo, where Beukes also revealed that Esau intends to join a separate application with former Justice Minister Sakeus Shanghala and others, aimed at deferring their participation in the main criminal trial until they secure legal representation.
The implicated individuals, including James Hatuikulipi, Pius Mwatelulo, and others, are enmeshed in a corruption scandal linked to the Icelandic fishing company Samherji, facing accusations of accepting bribes for fishing quotas among other charges. Shanghala’s request for separation is driven by the need to secure legal counsel without affecting his co-accused, who are prepared to proceed with the trial.
Arrested in November 2019, these suspects face multiple charges along with Tamson Hatuikulipi, Mike Nghipunya, Nigel van Wyk, Ricardo Gustavo, Otneel Shuudifonya, and Phillipus Mwapopi. Beukes, who has provided pro bono legal services to Esau for three years, expressed concerns about continuing in this capacity due to the financial strains exacerbated by the appeal. “That brings us to square one. We are unable to say whether or not we will withdraw. However, we will file our notice to oppose the appeal in the Supreme Court today,” he stated, emphasizing the ongoing uncertainty surrounding their legal representation.
In July, Judge Beatrix de Jager had authorized the release of N$3.5 million from Esau’s frozen assets to cover future and outstanding legal fees, with the funds directed to the Metcalfe Beukes Attorneys’ account. The hearing for this appeal is set for 13 September 2024.
