12 Feb 2025

Court of Appeal  (CoA) will on February 21, deliver judgment on former Permanent Secretary to the President, Carter Morupisi conviction on three criminal charges of corruption and money laundering.

The state, through the Directorate of Public Prosecution (DPP) summoned 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.

In his arguments, state attorney, Mr Tshiamo Rantau argued that the Court of Appeal was supreme court in Botswana mandated to consider appeals from the high court as well as deliver final judgments in all matters before it.

He therefore said that allowing High Court judge to set aside a judgment and order of the Court of Appeal would undermine the structure of the administration of justice since the High Court had no jurisdiction over CoA decisions, as the hierarchy of the Administration of Justice and the Constitution puts CoA as the apex Court in the country.

“The high court judge could have referred the matter to the Court of Appeal because he lacked the necessary jurisdiction to make a ruling against the CoA,” he said.

Mr Rantau further indicated one of the high court judges who presided on the matter, Zein Kebonang should have recused himself from hearing the matter since his family members benefitted from Morupisi’s involvement in the crimes he was convicted of.  

He told the court that Kebonang’s mother received a gift of a vehicle, whilst his brother received gifts in the form of cash.

For his part, Morupisi’s attorney, Dr Obonye Jonas argued that the High Court had jurisdiction over Court of Appeal matters where there was a violation of Constitutional rights of a litigant. He said it was important to underline that the Court of Appeal was not the overlord of the country’s constitution.

He further contended that the state failed to prove that Judge Kebonang was likely to be biased in the judgment.

“There was no evidence that Judge Kebonang had a relationship with any of the parties, or that he had any interest on CMB or that he ever adjudicated matters involving CMB or made remarks that indicates his pre-deposition towards the respondent,” he said.

Dr Jonas thus pleaded with the Court of Appeal not to impose any custodial sentence, but rather retain the suspended initial sentence imposed on Morupisi by Judge Justice Gabanagae on November 30, 2022. ENDS