Esau demands alternative transport over age, health concerns

Patience Makwele

A lawyer representing former fisheries minister Bernard Esau has asked the High Court to arrange alternative transport for his client, arguing that travelling in the back of a police van is unsuitable for his age and medical condition.

Florian Beukes of Metcalfe Beaukes law firm made the request during the ‘Fishrot’ case proceedings in Windhoek on Monday, asking that Esau be transported to and from court in a bus or suitable sedan.

Beukes told the court that Esau’s treating doctor had recommended an alternative vehicle because of the seating conditions in the van ordinarily used to transport accused persons.

“The referring treating doctor has advised that he should be transported by means of a bus or a suitable sedan,” Beukes told the court.

He said the request was limited to Esau’s journeys to and from court and asked that the authorities consider a vehicle with ordinary seating.

Esau, 69, is one of the accused in the Fishrot case, which centers on alleged corruption and the allocation of fishing quotas.

The State said it needed to obtain instructions from the police and prison authorities before responding to the request.

A State representative told the court that the transportation of accused persons involved logistical arrangements handled by police and correctional officials.

Judge Eileen Rakow did not issue a binding order directing the authorities to provide a sedan or bus. Instead, she suggested an interim arrangement while the matter was being clarified.

“I would ask the police, if possible, if Mr Esau can just sit in front of the bakkie for now, until this is dealt with, until we sort this out,” Rakow said.

She emphasised that the suggestion was not a binding decision and asked that the feasibility of accommodating Esau in a normal seat be explored in the meantime.

The transport issue was left for further consideration.

The court also dealt with outstanding procedural matters in the Fishrot case, with the next hearing on an application for further particulars scheduled for 11 November 2026 at 09:00.

The application involves Ricardo Gustavo and a company he represents, who are seeking further particulars from the State regarding charges in the case.

The court directed parties wishing to bring or participate in similar applications to indicate their positions and file any additional applications by 22 October.

The State must file its answering papers by 28 October, while applicants must submit responding papers by 2 November.

Applicants’ heads of argument are due by 6 November, with the State’s submissions due by 7 November.

Rakow said further directions on the remaining trial dates would be considered after the applications were heard.

The court also authorised a warrant for accused Nigel van Wyk, who is on bail, after he failed to appear.

He is required to return on 11 November, with the judge warning that failure to appear could result in his bail being cancelled and the warrant being executed.

The existing trial dates remain in place for now, pending further directions from the court.