The Windhoek High Court has struck from the roll an application brought forward by four Fishrot accused, whose application sought to remove acting High Court Judge Kobus Miller from practicing as a judge.
The accused individuals had attempted in the past to have Judge Miller recuse himself, alleging bias.
However, their initial request was denied by Judge Miller, and their subsequent appeal suffered a setback in the Supreme Court.
Undeterred, the accused, James Hatuikulipi, Sackey Shanghala, Ricardo Gustavo, and Pius Mwatelulo, filed a new application, this time focusing on Judge Miller’s age.
They argued that an acting judge, according to the Namibian Constitution, should not exceed the age of 70 when appointed to the bench, and Judge Kobus Miller was 74 at the time of his appointment.
The Windhoek High Court has now struck their application from the court roll.
The Court’s decision hinged on the fact that the respondents in the matter were an acting judge and the Judge President of the High Court.
The court found that no process could be issued against a judge of the High Court without the consent of the High Court itself, which the applicants had not sought or obtained before bringing their application.
The court determined that the nature of the application aimed at compelling the respondents to appear before the High Court, as they had an interest in opposing the relief sought by the applicants.
Ultimately, the court concluded that the applicants’ application was improperly filed and removed it from the court’s roll.
The Fishrot trial is expected to commence in October.
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