As the judicial shake-up in the Fishrot corruption trial continues to spark debate, legal experts are cautioning against the misuse of foundational legal doctrines in attempts to stall justice.

Law academic Elize Shakalela of the University of Namibia has weighed in on the growing chorus of voices invoking the Latin principle “Nemo judex in causa sua”, meaning “no one should be a judge in their own case”.

This principle, central to ensuring impartiality in judicial proceedings, has been cited repeatedly by the Fishrot accused, who challenged former presiding judge Moses Chinhengo’s role in the trial. 

Although Judge Chinhengo later stepped aside, citing “personal reasons,” the accused are now pushing for all his rulings to be nullified and for the trial to restart.

Speaking to The Wheels of Justice, Shakalela said, "The principle of nemo judex in causa sua is absolutely vital to upholding the rule of law, but like any legal tool, it should not be weaponised for delay or manipulation.

It must be applied judiciously and only when a clear conflict exists."

Shakalela’s comments come amid concern that repeated recusal applications, all previously denied, may be part of a broader strategy to derail the proceedings rather than defend legal rights.

The Fishrot case, involving allegations of large-scale corruption linked to Namibia’s fishing quotas, continues to test the country’s judiciary. 

Acting Judge Du Plessis is now expected to preside when the matter resumes.