Former Justice Minister Sakeus Shanghala and his co-accused, James Hatuikulipi and Pius Mwatelulo, who are all implicated in the long-running Fishrot corruption case, have approached the Supreme Court to overturn a High Court ruling that upheld the appointment of former Acting Judge Moses Chinhengo.

The trio wants the Supreme Court to set aside a judgement delivered by Deputy Judge-President Hannelie Prinsloo in August. Prinsloo ruled that she would not overturn Chinhengo’s appointment, which had been challenged in a review application.

The three appellants argue that Prinsloo’s interpretation of the Constitution, which she relied on, was incorrect. They contend that the High Court wrongly found that acting judges are not subject to retirement age limits. The appellants claim this interpretation allows acting judges to serve without restriction, which they say is unconstitutional.

They also argue that Chinhengo, a Zimbabwean national who was 67 at the time of his appointment in April 2023, was ineligible because his retirement age had not been extended by the President.

The appeal further argues that Chinhengo's appointment was invalid from the beginning and seeks to nullify all decisions made by him starting in September 2023.

Judge Marlize du Plessis, who was recently assigned to commence the trial as scheduled, ordered that it proceed in November.