Esau growing old, says lawyer as he cautions against “oppressive” pre-trial incarceration

Staff Reporter LAWYER Florian Beukes has asserted his client’s rights in the fisheries and corruption trial involving the former Minister of Fisheries and Marine Resources, Bernard Esau, warning against what he termed oppressive pre-trial incarceration, stating that his client Esau is 69 and has passed the life expectancy rate of the country. Beukes made these arguments in court as High Court Judge Marelize du Plessis hears arguments in the trial regarding the continuation of the criminal proceedings despite pending interlocutory applications. Esau has been in custody since his arrest in November 2019, spending a period of seven years pending the commencement of his trial after multiple failed bail applications. “Esau is way past the life expectancy rate. He is 69. His incarceration has felt like a lifetime,” Beukes said in court on Friday, 24 April 2026. He added that although he did not object to interlocutory applications which sought postponement of the trial matter for six months, he does not agree with said postponements. “Esau has been ready to continue with trial since 2023. I was even sick during that period; however, Justice Chinhengo proceeded with plea taking. Esau pleaded to charges. In 2024, access to restricted funds was finalised. We had not applied for a postponement pending finances. Again today, we are ready. We will be ready by 11 May as it is the trial date set,” Beukes argued. He added that prejudice should be assessed in terms of the accused person’s right to a speedy trial, which is protected under Article 12 of the Namibian Constitution. He added that past judgments have spoken to three such interests, which relate to the prevention of oppressive pre-trial incarceration, preventing anxiety on the part of the accused, and limiting the possibility that the defence will be impaired. “The inability of the defendant skews the fairness of the entire system. We are here on a limited budget. We brought a Section 26 application for access to funds. We were given funds for pre-trial proceedings, and trial dates already established, which now has doubled. The applicants’ funds in terms of pre-trial proceedings have been exhausted,” Beukes said. Esau and his co-accused, which include former Minister of Justice Sacky Shanghala, James Hatuikulipi, Pius Mwatelulo, Ricardo Gustavo, Tamson Hatuikulipi, Mike Nghipunya, Otneel Shuudifonya, Phillipus Mwapopi, and Nigel van Wyk, are charged with corruptly receiving payments of at least N$300 million to give the Icelandic fishing company Samherji a competitive advantage in securing access to horse mackerel quotas in Namibia. The accused face 42 counts, including racketeering, contravening the Anti-Corruption Act, conspiracy, corruptly using an office to receive gratification, fraud, theft, money laundering, and defeating or obstructing the course of justice. GETTING OLD: Former Minister of Fisheries and Marine Resources Bernard Esau. The post Esau growing old, says lawyer as he cautions against “oppressive” pre-trial incarceration appeared first on Informanté .