Hertta-Maria Amutenja
Calls for an international anti-corruption court have grown stronger, with advocates pointing to the Fishrot scandal as a clear example of why such a court is needed to handle large-scale corruption across borders.
Frederico Links’ report, A Perfect Case for an International Court, published in this year’s international edition of Good Governance Africa, highlights the limits of national courts in dealing with corruption that spans several countries.
“The Fishrot case illustrates the limitations of national courts in prosecuting corruption involving multiple jurisdictions,” said Graham Hopwood, executive director of the Institute for Public Policy Research (IPPR).
He added that a case at the International Anti-Corruption Court (IACCourt) could raise the global profile of the Fishrot scandal and make sure all those responsible are held accountable, whether they are in Namibia, Iceland, or other countries that helped move illicit funds.
Hopwood pointed to delays in investigations in Iceland, postponed trials in Namibia, and stalled extradition requests as evidence that domestic legal systems struggle to handle complex, large-scale corruption.
“Many of those who played a role in other jurisdictions will simply never be charged,” he said.
Co-founder of the Botswana Centre for Public Integrity and coordinator of the IACCourt Africa sub-committee, Pusetso Morapedi, described the Fishrot scandal as an ideal case for the proposed court.
She noted that while Namibia plans to prosecute 10 individuals, Iceland has yet to make a single arrest.
Morapedi said national courts lack the jurisdiction needed to fully address corruption involving multiple countries.
The Fishrot case, widely considered Namibia’s biggest corruption scandal, first came to light in November 2019, just weeks before the country’s general elections. The case has been in court for nearly five years.
Evidence shows that between 2012 and 2019, former ministers Bernhard Esau and Sacky Shanghala, under the administration of then-president Hage Geingob, manipulated laws and regulations to allow the fishing company Samherji to enter Namibia’s horse mackerel sector.
This happened at the expense of local fishing businesses, which collapsed, causing job losses and the closure of processing plants.
In response, the government launched the Government Employment Redress Programme (GERP) in 2020 to help more than 2 000 fishermen affected by the scandal.
In February this year, about 60 former fishermen gathered at Kuisebmond Park in Walvis Bay to express their frustration.
They claimed GERP had failed to provide meaningful jobs and that some people had used the program for personal gain.
“Even though people don’t want us to speak the truth, this is the time that each and every Namibian has to hear what we have observed,” said Immanuel Petrus, chairperson of the affected fishermen.
Two studies by the IPPR in 2023 and 2024 assessed the impact of Fishrot.
They found long-term economic and psychological harm, with many former fisheries workers pushed into poverty.
The studies also indicated that entire communities, especially in Walvis Bay, remain unstable economically.
“The fishing industry was the one that brought life to this community. I can see what Fishrot did to Walvis Bay,” said Walvis Bay mayor Trevino Forbes during the launch of the IPPR’s first study.
The High Court trial for those accused in the Fishrot case is set to begin on 4 August.
The case will be overseen by Judge Moses Chinhengo, a Zimbabwean judge seconded to Namibia.
