High Court Judge Marlize Du Plessis will hand down a ruling in September on an application by former Justice Minister Sacky Shanghala to compel the State to disclose additional documents, which he says are critical to his defence in the Fishrot corruption trial.
Judge Du Plessis will deliver her ruling on 8 September, after hearing arguments from Shanghala and the State today.
Shanghala told Judge Marlize du Plessis that records showing how Swapo Party jackets for the 2019 national elections were purchased are missing from his residence and not in the possession of the Prosecutor General.
He claimed that these and other missing documents would show that the alleged fishing quota fraud was not a conspiracy and would explain the money's movement and use.
He further alleged that the Anti-Corruption Commission had been "weaponised" against the accused, questioning why the ACC chose to execute their arrest on election night in 2019.
According to Shanghala, the accused were rushed into trial, forced to plead, and confronted with evidence that was unlawfully obtained.
He also claimed that the state's disclosures have been sporadic and disjointed, adding that some affidavits remain outstanding and not readable.
Deputy Prosecutor General Ed Marondedze opposed the application, saying Shanghala had not demonstrated how additional disclosures would assist him in preparing for trial.
Marondedze argued that Shanghala raised new issues not contained in his founding documents and failed to provide facts to substantiate his claims.
He told the court that if Shanghala had found some disclosed documents unreadable, he could have requested better copies instead of burdening the court.
The application forms part of ongoing proceedings in the Fishrot trial before Judge du Plessis.