Judge Moses Chinengo has reserved his judgement on the matter for August 8, 2024.
The case involves an application by Sacky Shanghala questioning the legitimacy of the state's opposition to his application and other procedural concerns. Shanghala argues that the state is responsible for delays in the main trial by withholding key information and evidence. He contends that evidence obtained illegally should be dismissed as inadmissible and claims that he and others have been unlawfully detained based on misrepresented facts. Shanghala also questions the authority of prosecutor Cliff Lutibezi and the legitimacy of Judge Chinengo's appointment.
In response, the state, represented by Edward Marondodze, asserts that Lutibezi, as the main prosecutor, is duly authorised to handle any application related to the case. The state argues that the ex parte application is inseparable from the main trial and should only be brought to court after the trial concludes. They maintain that Shanghala's invocation of Section 319 is premature and incorrect, and thus, the application should be dismissed.
Except for Nigel Van Wyk, all the other accused remain in custody at the Windhoek Correctional Facility.