Former Minister Shanghala Files Complaint Against Prosecutors Over Alleged Misconduct

Former justice minister Sakeus Shanghala has filed a formal complaint with the Law Society of Namibia against acting Prosecutor-General Olivia Imalwa and deputy Prosecutor-General Edmund Marondedze. Shanghala accuses the two senior prosecutors of conduct that could amount to professional misconduct. The complaint, lodged under section 35(1) of the Legal Practitioners Act of 1995, argues that a widely circulated audio recording raises serious questions about prosecutorial independence, judicial integrity and the professional conduct expected of officers of the court.

The recording, which surfaced in a WhatsApp group for prosecutors on 5 October 2026, allegedly captures Marondedze making disparaging remarks about High Court and Supreme Court judges. Shanghala obtained an electronic copy of the recording and commissioned NC Maischatz Transcription Services to transcribe and translate it into English on 2 November. He recognises Marondedze's voice, having known him personally and heard him address courts during nearly seven years of criminal proceedings against him.

Marondedze has previously denied that the recording originated from him or that he posted it to the prosecutors' WhatsApp group. However, Shanghala's complaint highlights serious allegations, including remarks attributed to Marondedze about several High Court judges, whose competence and impartiality he allegedly questioned. According to Shanghala's translated transcript, Marondedze allegedly described one judge as someone who could not know anything, while referring to another as a racist.

The complaint also raises concerns about Marondedze allegedly claiming that Supreme Court judges listened to him and enjoyed his jokes. Shanghala argues that such statements, if authentic, constitute serious attacks on the judiciary by a senior prosecutor who regularly appears before the courts on behalf of the State. He invokes Article 12(1)(a) of the Constitution, which guarantees the right to a fair hearing before an independent, impartial and competent court.

Shanghala's complaint also centres on an account in which Marondedze allegedly recounts a conversation with Imalwa in April 2019 concerning Shanghala. According to the transcript, Marondedze says Imalwa approached him about the matter and told him she trusted him with the information because it was still secret. Shanghala argues that the conversation suggests a decision to prosecute him had already been communicated in April 2019, approximately seven months before his arrest on 27 November 2019.

Shanghala wants the Law Society to obtain sworn responses from both practitioners, preserve the original recording and relevant WhatsApp records, and appoint an independent forensic expert to determine whether the audio was edited, manipulated or synthesised. He further wants the Disciplinary Committee to establish the identities of the speakers and determine whether a prima facie case of professional misconduct exists.

Shanghala stresses that the complaint is not intended to determine the merits of the Fishrot prosecution but to establish whether prosecutorial authority was exercised independently and for a proper purpose. He is also pursuing separate complaints concerning Imalwa through the Judicial Service Commission and the police, while pointing to a pending High Court review under case number HC-MD-CIV-MOT-REV-2025/00566 concerning the lawfulness of the investigation preceding his prosecution.

Key points

• Shanghala accuses Marondedze of making disparaging remarks about High Court and Supreme Court judges in a widely circulated audio recording.
• The complaint raises concerns about prosecutorial independence, judicial integrity and the professional conduct expected of officers of the court.
• Shanghala wants the Law Society to investigate the allegations and take disciplinary action against Imalwa and Marondedze if necessary.