Sacky Shanghala: From legal drafter and advisor: a pioneer of the law to legal aid seeker as an accused man without a defence 

PAUL T. SHIPALE (with inputs by Folito Nghitongovali Diawara Gaspar)

Sacky Shanghala, former Minister of Justice and former Attorney General of Namibia, spent years boasting that he was the architect of the country’s laws; no national regulation was issued without his opinion. Today, however, he finds himself accused in the Fishrot scandal, without the resources to secure an adequate defence, facing prosecutors paid with multimillion-dollar packages.

“Why am I not legally represented as a former Minister of State? Why does the state have money for prosecutors but not for us?” Shanghala asked at the High Court of Windhoek.

The contrast is striking: the man who once shaped justice now faces inequality in the application of the very law. With 340 witnesses and more than 165 000 pages of documents, he warns that the lack of resources for the defence compromises the right to a fair trial and equality of arms.

Shanghala criticized the imbalance in remuneration, prosecutors receive special packages while the defense depends on insufficient legal aid. He said:

“Competent representation requires that lawyers be able to devote themselves fully to the case. Without that, justice is merely an appearance.”

Shanghala’s story is a harsh lesson, as those who create laws without respecting them become the warning themselves. Power without responsibility is a trap; personal corruption is a premature sentence. Namibia observes that the law he helped to write does not protect him from its consequences. The lesson that Namibian leaders must draw from the Sacky Shanghala case is clear and profound: power without responsibility and law without ethics erode the very authority one seeks to exercise. Specifically:

Legislating is serving, not showing off

Creating laws is not an act of personal prestige. Rules exist to protect citizens and ensure justice. Leaders who legislate merely to consolidate power or personal interest risk destroying public trust.

Equality before the law is fundamental

The case shows that even those who understand and create the law can be favoured or harmed depending on resources and status. Justice must be blind and impartial, ensuring that everyone has adequate defence, regardless of the position they once held.

Transparency and ethics are non-negotiable

High office and titles do not replace integrity. Ethics must guide decisions, policies, and procedures so that corruption does not weaken institutions or undermine the rule of law.

Power without limits is a trap

Accumulating authority without mechanisms of control and accountability can turn a lawmaker into a target of the very law. Shanghala’s story is a warning: those who ignore the law, even as its creators, ultimately become vulnerable to justice itself.

In summary, leaders must govern responsibly, create laws with integrity, and guarantee equal justice for all, because reputation, state stability, and public trust depend on it. 

Disclaimer: The opinions expressed here do not necessarily reflect those of our employers or this newspaper but are solely our personal views as citizens and pan-Africanists.

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