Miller to remain Fishrot trial judge
News in short
The second attempt by three Fishrot defendants to have Kobus Miller removed as the presiding judge of the Fishrot trial was unsuccessful last Friday.
James Hatuikulipi, Sacky Shanghala and Pius Mwatelulo wanted permission from the High Court to challenge Miller's appointment as judge.
They argued that the law prevents Judge President Petrus Damaseb from appointing a judge who is over 70. Miller is currently 75, and was appointed for another term as High Court judge in January.
Judge Boas Usiku last week ruled that this would mean that Miller and Damaseb should be sued, adding that this is contrary to the law.
"In my opinion, the current application is contrary to the provisions of Section 21 of the law, because it requires the appearance of the respondents before the court so that they can oppose the relief sought.
"Therefore, permission cannot be granted for the application, and as a result, the case has been struck from the roll," he said in his judgment.
James Hatuikulipi, Sacky Shanghala and Pius Mwatelulo wanted permission from the High Court to challenge Miller's appointment as judge.
They argued that the law prevents Judge President Petrus Damaseb from appointing a judge who is over 70. Miller is currently 75, and was appointed for another term as High Court judge in January.
Judge Boas Usiku last week ruled that this would mean that Miller and Damaseb should be sued, adding that this is contrary to the law.
"In my opinion, the current application is contrary to the provisions of Section 21 of the law, because it requires the appearance of the respondents before the court so that they can oppose the relief sought.
"Therefore, permission cannot be granted for the application, and as a result, the case has been struck from the roll," he said in his judgment.
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