Fishrot accused lose appeal against assets restraint order

Three of the accused in the Fishrot fraud, corruption and racketeering case have lost a Supreme Court appeal against a Prevention of Organised Crime Act restraint order in respect of a wide range of assets belonging to them.

The appeal of former attorney general and minister of justice Sacky Shanghala, James Hatuikulipi and Pius Mwatelulo was dismissed in the Supreme Court in Windhoek on Thursday.

Shanghala, Hatuikulipi and Mwatelulo lodged an appeal to the Supreme Court after Windhoek High Court judge Orben Sibeya in May 2023 confirmed an interim assets restraint order that was granted in terms of the Prevention of Organised Crime Act in November 2020.

In terms of the restraint order, a range of assets belonging to six of the accused in the Fishrot case – Shanghala, Hatuikulipi, Mwatelulo, former minister of fisheries and marine resources Bernhard Esau, Tamson Hatuikulipi and Ricardo Gustavo – have been placed under the control of curators.

The High Court has also ordered that the six accused may not in any manner deal with the restrained assets.

The assets include funds in bank accounts of the six accused and of corporate entities and trusts controlled by them, immovable properties, motor vehicles and luxury watches, smartphones and computers.

In its judgement, the Supreme Court agreed with Sibeya’s finding that the Prevention of Organised Crime Act does not restrict the prosecutor general to base an assets restraint application solely on evidence collected by the police, rather than the Anti-Corruption Commission, which led the investigation of the Fishrot case.

The appeal judgement was prepared by acting judge of appeal Theo Frank. Acting judges of appeal Rita Makarau and Hannelie Prinsloo agreed with Frank’s judgement.

The court ordered Shanghala, Hatuikulipi and Mwatelulo to pay the prosecutor general’s legal costs in the appeal, except for the costs of a supplementary appeal record filed at the end of June 2025.

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