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By: Justicia Shipena 

Esja Holdings pty ltd is set to apply to the managing judge of the High Court on 18 January 2022 for directions of various issues regarding the fishrot Namgomar matter. 

Esja Holding is a company linked to Samerji Holdings, the leading player in the Fishrot scandal. 

According to Joos Agenbach, Attorney & Notary, the applicants believe it is in the interest of justice for matters to be heard simultaneously. 

“It will save time, cost and most certainly be convenient to the court to dispose of all interlocutory matters as soon as possible before the hearing of the main application,” the court document reads. 

Joos Agenbach, Attorney & Notary, said the approach is consistent with overriding objectives of rules. 

Hence, it is said to facilitate the resolution of the real issues in dispute.

“Ensuring that the parties are on an equal footing, saving costs by, among others, limiting interlocutory proceedings to

what is strictly necessary to achieve a fair and timely disposal of the matter.” 

Joos Agenbach, Attorney & Notary, also indicate that the application will ensure that cases are dealt with fairly.

“While recognising that judicial time and resources are limited and therefore allotting to each cause an appropriate share of the court’s time and resources, while at the same time taking into account the need to allot resources to other causes,” said Joos Agenbach, Attorney & Notary. 

Joos Agenbach, Attorney & Notary, argues that an early settlement of the disputes will benefit both parties. 

“This is considering the public interest in limiting issues in dispute.” 

In this vein, Esja requests directions from the High Court on whether the matters should be heard simultaneously. 

This comes as last year in August Esja filed a report to proposed striking out certain parts of the Prosecutor-

General’s affidavits. 

At that time, Esja proposed that certain matters in the application be referred to as oral evidence.

Following this report, on 27 August 2021, Esja filed a notice to strike out as well as a notice of motion to request certain matters to be referred to as oral evidence.

“The proceedings are both interlocutory proceedings that

should be dealt with before the merits of the Prosecutor-General’s application against Esja will be heard.”

Moreover, on 28 September 2021, the court directed that the matter between Esja and the Prosecutor-General was postponed to 17 February 2022 at 09:00 for an interlocutory hearing. 

In this vein, Esja has been directed to file their heads of argument by 27 January 2022. 

“The Prosecutor-General was directed to file her heads of argument by 4 February 2022.”

Last month, Esja also filed for an index for the

matters to be heard on 17 February 2022.

“This is including in such index both the Notice to Strike Out as well as the Application to refer certain matters to oral evidence.”

In the same month, the office of the attorney wrote to Esja’s legal representative advising that only the application to refer certain matters for oral evidence is set down for 17

February 2022. 

The attorney also requested that the index be amended to remove the application to strike out from the index.

The legal team of Esja still argue that both matters should be heard next month. 

The matter will be heard by judge Orben Sibeya in the Windhoek High Court on 17 February at 09h00.

Justicia Shipena

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