Sacky Shanghala, the corruption-accused former Minister of Justice, Attorney General, and Chairperson of the Law Reform Commission of Namibia, faced difficulties today in convincing the court on how to proceed with his appeal. 

Shanghala, who is now unrepresented and acting as a lay litigant, sought guidance on whether to apply for leave to appeal or directly petition the Chief Justice. He is dissatisfied with the current trial arrangements at the Otjozondjupa Courtroom, situated within the Windhoek Correctional Facility. 

He argued that the lack of internet access and the practice of keeping accused individuals behind burglar bars during proceedings undermine the presumption of innocence. He likened the setup to conditions used in the Caprivi Treason case, where the accused were considered dangerous.

The former minister also requested permission to consult frequently with his co-accused, Nigel Van Wyk, to prepare for their trial. 

However, Deputy Prosecutor-General Edward Marondodze argued that Shanghala's motion was improperly constituted and that the court could not provide him with legal advice.

Shanghala has indicated that he will appeal Judge Chinhengo’s recusal judgement to the Supreme Court. He has 14 days to file a notice of appeal, which introduces another potential delay to the main trial. This delay is further complicated by the issue of some accused not having legal representation.

The court has directed legal counsels to consult and agree on a possible start date for the trial, notwithstanding the outcome of Shanghala’s petition.

The matter is postponed to August 16 to determine the way forward.