State prosecutor Clive Lutibezi has told the Windhoek High Court that judges routinely make remarks on how cases are conducted and that such comments do not automatically justify a judge stepping aside.

Lutibezi made the submission in the ongoing Fishrot trial while opposing an application for leave to appeal brought by former justice Minister Sacky Shanghala.

Shangala is challenging Judge Marelize du Plessis's refusal to recuse herself from the case.

Advocate Lutibezi argued that the judge's earlier remarks, including references to "delay tactics" used by the defence, were drawn from the history of the proceedings and the pattern of repeated applications brought before the court. 

According to him, each application was assessed on its own merits based on the record before the court, and the absence of specific wording such as "merit" in some rulings did not mean the court had failed to properly evaluate the applications.

Shanghala, however, maintained that the judge's use of the phrase "delay tactics" creates a perception that she may approach future applications with bias.

Judge du Plessis also dismissed an application seeking leave to appeal her earlier decision not to postpone the Fishrot trial for up to six months.

The court agreed with objections raised by the State and Fishrot accused Ricardo Gustavo. 

This means the judge's original decision to keep the trial on track remains in force.

The Fishrot matter is postponed to 22 May.