02 Feb 2025

Former permanent secretary to the president, Carter Morupisi has moved an application to have Justices Isaac Lesetedi and Leatile Dambe of the Court of Appeal recuse themselves from his case that is before the Court of Appeal.

The state has taken Morupisi before the Court of Appeal, challenging a High Court decision to set aside a Court of Appeal sentence to have the former permanent secretary to the president imprisoned for seven years.

However, Morupisi want the two judges to recuse themselves from the matter, arguing that they had previously dealt with a matter involving the Directorate of Public Prosecution and one Timothy Marsland, who was the director of the liquidated Capital Management Botswana (CMB), a accompany which Morupisi awarded a contract to manage Botswana Public Officers Pension Fund (BPOPF) private equity fund, without the authority of the board as it was still in suspension.

In return, Morupisi received valuable interest in the form of a Toyota pickup Land Cruiser valued at R630 988 99, of which he was convicted of corruption and money laundering.

However, before the state could argue its case before a full panel of the Court of Appeal comprising Justices Lesetedi, Dambe, Edwin Cameron, Johan Froneman and Goemekgabo Tebogo-Maruping, Morupisi’s attorney, Dr Obonye Jonas indicated to the court their intention to move a recusal application against some of members of the bench.

Dr Jonas indicated that they only got to know about the panel when the judges walked into the court, hence could not make the recusal application earlier.

He further said, days before the case, they wrote a letter to the Judge President of the Court of Appeal, Justice Tebogo Tau enquiring about members of the panel but the letter was not responded to.

Dr Jonas said in their recusal application, they intend to question the authority of judge president, Justice Tau to empanel however, indicated to the court after an adjournment that they would be abandoning the reason.

However, state attorney, Mr Tshiamo Rantau told the court that the state would vehemently oppose the recusal application.

“Our interest is to deal with the recusal application, which we will oppose,” Mr Rantau told the court.

In the recusal application, the parties are to file their heads of arguments by next week Wednesday and the matter be heard next week Thursday, hence the main application was postponed to a date to be determined by the court. ENDS