Judge Moses Chinhengo has dismissed Sacky Shanghala's application, paving the way for the Fishrot scandal's main trial to proceed, though not without challenges, such as the right to legal representation and possible appeals.

Shanghala and his co-accused now have 14 days to apply for leave to appeal the decision. 

Shanghala himself has until Tuesday to decide whether he will pursue an appeal.

The former minister's application sought the recusal of Judge Chinhengo and the squashing of certain charges. 

Shanghala argued that Judge Chinhengo should be removed due to potential bias and questioned whether prosecutor Cliff Lutibezi had the proper authority to oppose his application. 

He also claimed that the state caused delays by withholding important information and argued that some evidence was obtained illegally and should not be used in court. 

Shanghala further disputed the state's interpretation of a law (section 319) about when legal questions can be raised, suggesting it should be applied more broadly.

The state, represented by Edward Marondodze, argued that Lutibezi, as the main prosecutor, had the authority to handle the case and that Shanghala's application was premature. 

They maintained that the legal questions should be addressed after the main trial ends.

By dismissing Shanghala's application, Judge Chinhengo has cleared the way for the main trial to continue, notwithstanding possible appeals against his judgement.

However, in a dramatic twist of events, Shanghala immediately served an application under rule 32 of the high court rules, seeking direction from the court. 

The judge and all parties involved are now set to meet on Tuesday for case management to discuss how the trial will proceed. 

Except for Nigel Van Wyk, who is on bail, all other accused remain residents of the Windhoek Correctional Facility.