Accused Sacky Shanghala and others in the alleged Fishrot corruption matter are awaiting a Supreme Court hearing scheduled for 8 December.

The accused are challenging the appointment of the late Judge Moses Chinhengo and the validity of proceedings conducted before him, which are expected to be considered.

The accused petitioned the court, arguing that Chinhengo's appointment was irregular and wanting the criminal proceedings to start afresh. 

Shanghala is also seeking to have the plea entered before the late judge declared it null and void.
Meanwhile, Shanghala is still waiting for a decision from the Supreme Court on his petition concerning the recusal of acting High Court judge Marelize du Plessis.

Du Plessis has not presided over today's proceeding and has not appeared on the court roll for several weeks.

Shanghala has also pursued a separate civil matter in which he is seeking to have the Fishrot criminal proceedings placed on hold. 

Judgement in that matter is scheduled for 3 February next year.
The outcome of the pending applications could affect the further progress of the criminal case.

During the proceedings, the lawyer representing former Fisheries Minister Bernhardt Esau raised concerns about the conditions under which his client is transported to and from court.

The lawyer told the court that his client is being transported in a metal van and said that the conditions are unsuitable for his current medical condition.

He asked that Esau should instead be transported in a sedan vehicle or a bus, taking into account his age and medical condition.

The lawyer further argued that Esau does not pose a risk to police officers and could travel in the same bus as the officers.

The state responded that transport arrangements fall under the responsibility of the police and prison authorities.

Before postponing the matter for argument on a matter brought by Ricardo Gustavo, Judge Eileen Rakow said she is not the trial judge and said that the trial dates set for the actual criminal trial will remain.

Gustavo, through his lawyer Ileni Gebhartdt, applied that the State provide further particulars regarding some of the charges.
Gustavo's application will be heard on 11 November.

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Emil Xamro Seibeb