Former Justice Minister Sacky Shanghala has again filed an application in the High Court seeking to halt the Fishrot trial scheduled for August 4. 

In the application, Shanghala argues that Acting Judge Moses Chinhengo, who is expected to preside over the case, was not lawfully appointed and that proceeding with the trial under such circumstances would undermine his right to a fair hearing. 

He is asking the court to stop the trial until the legality of Chinhengo’s appointment is fully decided.

Shanghala’s court application outlines three possible outcomes that he is asking the court to consider. 

The first option involves delaying the trial until the court makes a decision regarding the judge's appointment. The second is to delay both the trial and the appointment decision. Third, Judge Chinhengo's appointment should be revoked entirely. 

In his filing, Shanghala says the appointment was made in April 2023 for a term running from 18 September 2023 to December 2023, and he questions the legal steps that led to the appointment, including the recommendations and requests made by the Judicial Service Commission and the Chief Justice to the President.

He is asking the court to review and cancel the government’s decision to appoint Chinhengo.

Shanghala also wants the court to declare that any decisions made by Judge Chinhengo during or after the term in question are invalid and have no legal standing. 

High Court Deputy Judge President Hannlie Prinsloo will hear the matter this afternoon.