NEW SHERIFF IN TOWN: Judge President Petrus Damaseb with Judge Moses Hungwe Chinengo yesterday. Photo: Contributed
NEW SHERIFF IN TOWN: Judge President Petrus Damaseb with Judge Moses Hungwe Chinengo yesterday. Photo: Contributed

Zimbabwean-born judge for Fishrot trial

Iréne-Mari van der Walt
Newly-appointed judge Moses Hungwe Chinengo will replace Kobus Miller as the presiding judge in the Fishrot trial, scheduled to start in October.

The Zimbabwean-born justice was sworn in as a judge of the High Court yesterday morning. He was appointed by President Hage Geingob in March this year, on recommendation of the Judicial Service Commission.

The Fishrot trial, in which 11 men face charges related to the fishing quota bribery scandal involving N$315 million, is expected to begin on 2 October after the first of the defendants was already arrested in 2019.

Chinhengo's appointment comes just over a week after three Fishrot defendants - James Hatuikulipi, Sacky Shanghala and Pius Mwatelulo - failed in their application to have Miller removed from the case.

They claimed that Miller is too old, according to a law that was brought into force by Judge President Petrus Damaseb. This law prevents the appointment of a judge over 70. Miller is already 75.

However, Judge Boas Uusiku found that it would be contrary to the law to sue Miller and Damaseb.

Experienced

Chinengo obtained his honours degree in law from the University of Zimbabwe and in 1980 was appointed the deputy secretary for the Zimbabwean ministry of justice and foreign affairs. He held this position for two years.

He then served as Zimbabwe's head of parliamentary affairs, and as the chief legal officer for that country’s justice ministry for six years.

In 1987, he led a delegation from Zimbabwe at an international conference on marine laws.

In March 1996, he was appointed as a judge of the High Court of Zimbabwe. He resigned from this position in 2004 and became a judge of the High Court of Botswana that year.

Chinhengo worked as an acting judge in the Namibian High Court in 2021. He has experience as an acting appellate judge in Botswana's High Court, and also served as an acting justice of the Court of Appeal of Lesotho.

As things stand

A joint application for bail brought by Nigel van Wyk and Bernhardt Esau is still pending in the Windhoek High Court, under the supervision of Judge David Munsu. This matter is mainly heard during the court's administrative breaks as Judge Munsu is based in the north and has to travel to the capital to preside.

Meanwhile, an extradition hearing of lawyer Marén de Klerk continues in South Africa, where he was arrested months ago.

Several Fishrot defendants have changed their legal representatives in recent months, with Van Wyk now represented by Milton Engelbrecht and Esau indicating that he does not have the funds to keep his lawyers at Metcalfe Beukes Attorneys under his instruction.

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Namibian Sun 2024-11-21

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