Charges are laughable, nonsensical – Shanghala 

Former Minister of Justice Sacky Shanghala, who has been detained since 2019, on Thursday labelled the charges against him as laughable, nonsensical, rubbish and devoid of sense in law.

Shanghala was responding to charges brought forth by state advocate Cliff Lutibezi relating to the contravention of Section 18 of the Riotous Assemblies Act.

The charge alleges that Shanghala, together with his co-accused and Icelandic fishing company Samherji, acted in common purpose to conspire with each other in procuring fish quotas fraudulently.

The charge is a first alternative to count 8 of 42 counts the suspects face. The second alternative to count 8 is theft, relating to the alleged theft of 50 000 metric tons of horse mackerel quotas valued at N$150 000.

The main allegation in count 8 is fraud, in that the suspects were allegedly operating as a syndicate with the objective of accessing fish quotas, while they were not right holders.

The charge sets out that the accused misrepresented to their appointing authorities, Cabinet and the government, that former Minister of Fisheries and Marine Resources Bernhardt Esau had negotiated, among others, a signed memorandum of understanding (MoU) that would seemingly promote mutual economic relations.

“The MoU was never meant to benefit Namibians but it was created solely to benefit the accused persons,” the indictment reads. Shanghala argued that to date, no statement was given by Cabinet, appointing bodies or –particularly – his boss at the time, the late President Hage Geingob.

A visibly agitated Shanghala also took a jab at presiding judge Chinhengo, saying “I understand you don’t understand fish [as] you come from a landlocked country.” Shanghala is charged alongside Esau, former Fishcor chief executive officer Mike Nghipunya, Ricardo Gustavo, James Hatuikulipi (former chairperson of Fishcor), Pius Mwatelula, Nigel van Wyk, Phillipus Mwapopi and Otneel Shuudifonya.

“It goes from crazy to crazy. Now apparently, it’s against the Riotous Assemblies Act. Apparently, people conspired. The State hasn’t even disclosed any statements. It is laughable. Seriously,” Shanghala remarked in court, in response to the charges put to him.

He has, however, not pleaded to the charges, saying the presiding Judge Moses Chinhengo lacks jurisdiction. Chinhengo in turn entered “not guilty” pleas on behalf of Shanghala. On his part, Esau pleaded not guilty, but described the charges as “malicious and outrageous”. The plea-taking proceedings continue in the Windhoek High Court.