The Windhoek High Court is poised to announce its judgement today in response to a challenge by the Fishrot accused.


James Hatuikulipi, former Justice Minister Sacky Shanghala, and two of their co-accused want High Court Judge Kobus Miller removed from the bench, citing his age.


They assert that President Hage Geingob contravened Article 82 of the Namibian Constitution when he confirmed Justice Miller’s appointment.


This article dictates that acting judges must not surpass the age of 70 at the time of their appointment to the bench.


According to court records, Justice Miller was 74 years old when he assumed his acting role.


The Fishrot accused previously attempted to have Judge Miller recuse himself from their case, saying he was biassed, but this effort was unsuccessful.


This latest development comes after four individuals implicated in the Fishrot scandal, including former Attorney General and Justice Minister Sacky Shanghala, James Hatuikulipi, Ricardo Gustavo, and Pius Mwatelulo, sought permission to appeal the decision regarding Judge Miller's recusal.


However, their appeal request was ultimately declined by a panel of three Supreme Court judges.



Emil Xamro Seibeb