
The High Court has dismissed Tamson Hatuikulipi’s application for leave to appeal to the Supreme Court following the refusal of his most recent bail application.
The ruling, delivered by Justice Claudia Claasen on behalf of Judge David Munsu, marks yet another unsuccessful attempt by the applicant to secure his release from custody, where he and his co-accused in the purported Fishrot scandal have been held for over five years.
Hatuikulipi, who faces charges linked to the high-profile Fishrot corruption scandal, has made multiple bids for bail since his initial application was dismissed by the Windhoek Magistrate’s Court in July 2020.
Subsequent appeals and bail applications on new facts in 2022 and 2024 were also unsuccessful, with the court maintaining that the reasons for his continued detention remained unchanged.
In his latest application, Hatuikulipi argued that newly disclosed documents and email communications supported his claim that his financial dealings were legitimate business transactions rather than evidence of corruption.
He also cited prolonged pre-trial detention, deteriorating financial circumstances, and emotional hardship due to separation from his minor children.
However, the court found that these were not truly new facts and that much of the evidence had already been available to him in previous applications.
The judgement emphasised that an appeal is only permitted if there are reasonable prospects for success, which the court found lacking in this case.
The ruling reaffirmed that the state’s prima facie case against Hatuikulipi remains intact and that his continued detention serves the public interest and the administration of justice.
With this latest development, Hatuikulipi’s legal avenues for securing bail are narrowing, with the Supreme Court now his only remaining recourse—should he manage to convince it to entertain an appeal.