The Windhoek High Court heard on Monday that lawyers appointed under Legal Aid in the Fishrot corruption case are not paid for preparing for trial but only for the days they physically appear in court; this situation, defence lawyers say, makes timely trial readiness impossible.

Counsel for Fishrot accused Otniel Shuudifonya and Joas Neemwatya and told the court he would only be ready for trial in five to six months.

Four Legal Aid lawyers have been appointed in the matter, all facing the same constraints.

The court was scheduled to deliver a ruling on an application to postpone the trial to later this year.

The application was brought by former justice minister and accused Sacky Shanghala, who argued that the current arrangements undermine the accused’s right to a fair trial.

Shanghala further alleged that state prosecutors Ed Morendezde and Clive Ludibezi recently received pay increases amounting to nearly N$1.5 million. 

He questioned why the state claims it cannot afford to pay for his and co-accused Bernhardt Esau’s legal representation while allegedly approving higher remuneration for prosecutors, “even higher than the secretary to cabinet,” he said.

He challenged the court to consider whether similar arrangements were being made for the presiding judge or whether the special rates applied only to the two prosecutors. 

Shanghala suggested the executive director, Audrin Mathe, be summoned to court to explain the alleged preferential treatment.

Neemwatya told the court that, according to a letter from the executive director, the state prosecutors were operating under “special instructions,” implying that the two prosecutors merited the increases.

The court said it will take time to consider before it can decide if it will entertain the financial issues regarding legal aid.

The matter has been postponed to 20 February for a ruling on the application by Shanghala to postpone the matter.