In the ongoing Fishrot trial, Acting Judge Moses Chinhengo has maintained that he will continue presiding over the case, as his appointment, an executive decision, remains valid unless overturned by a court of law. 

This decision, despite Sacky Shanghala and his co-accused having filed a special plea under Section 106 of the Criminal Procedure Act, questioning the High Court's jurisdiction. 

The challenge targets the appointment of Chinhengo, arguing it was unconstitutional as his contract expired on December 31, 2023, and was not lawfully renewed. 

"Mr. Shanghala, I don't know how many times I should repeat this. When I have given my ruling, its fanctus officio, it's done with that matter; take the next step as you see fit. There is no point in telling me, judge. I will appeal, judge. I will do this; I'm fancy."

Despite Shanghala's request for an adjournment to February 4, 2025, to prepare his arguments, the state, having reviewed his notice, expressed its readiness to proceed with the plea-taking process.

Shanghala contends that Judge Chinhengo's appointment violated Article 12(1)(a) of the Namibian Constitution, which mandates an impartial and independent judiciary. 

He further submitted that the judge exceeded the retirement age of 65, making his tenure invalid under Namibian law. 

Chinhengo has maintained that his appointment is an executive decision, which remains valid unless overturned by a court of law.

This development affects all 28 accused, including former ministers, businessmen, and entities implicated in the multimillion-dollar corruption scandal.