High Court Judge Moses Chinhengo has dismissed two motions from the Fishrot accused, Sacky Shanghala, James Hatuikulipi, and Pius Mwatelulo, who sought legal advice from the court on how to proceed with the case. 

Judge Chinhengo clarified that the court can only offer directions and not legal advice. 

The three applicants sought procedural guidance to petition the Supreme Court and for outstanding legal issues to be addressed before the resumption of the case with plea taking.

Judge Chinhengo referenced Rule 32, which outlines procedures for expediting cases, and noted that there are instances where requesting the court's opinion, advice, or direction is deemed inappropriate, particularly when such requests effectively seek legal advice rather than judicial direction.

He contended that two motions did not genuinely seek procedural direction but rather legal advice concerning the applicant's queries about whether to appeal or to request leave from the High Court prior to filing the intended appeal. 

Consequently, the motions were struck from the roll.

"I do not for one moment think that the applicants may not have valid issues to raise with state functionaries; the point here is simply that the applicants must act as best they can and not ask the court what they must do to realise their objective. In the two motions, the court cannot give legal advice to litigants. There are situations, and many of them, in which the court can give guidance to unrepresented criminal defendants regarding trial procedures, but those situations do not require the court to give any concrete legal advice. In conclusion, the applicants seeking legal advice and not direction from the court as contemplated by Rule 32 of the high court rules, means that the notice of motions may not be entertained."

The judge said that he intends to proceed with plea-taking and proceed with the trial. 

However, Mbanga Simunje, appearing for some of the accused, said his diary is full and that he can only be available next year in February.

Judge Chinengo then enquired why he took up the case if his diary was packed and what is being done in Namibia in such instances.

Ed Marondedze, appearing for the state, also said that Simunye should not have congested his diary knowing that the matter was to start. 

Simunye took offence to Marondedze's comment about his diary.

On the issue of some defendants saying the case cannot start now because there are several submissions and motions they are still going to file, Judge Chinongo said those will be dealt with as they crystallised and emphasised his intention to start with plea-taking and the trial next week.

The judge postponed the matter to August 27 for a ruling on the continuation of the trial.