The Court of Appeal has overturned a High Court decision that had freed former government official Carter Nkatla Morupisi from prison, ordering him to return to jail to serve his sentence for corruption and money laundering. The decision reaffirms the hierarchical structure of the judiciary and the binding nature of its rulings, which cannot be overturned by lower courts.
Morupisi, a former head of the civil service and board chairperson of the Botswana Public Officers Pension Fund (BPOPF), was convicted on two counts of corruption and one count of money laundering in 2024. The High Court initially sentenced him to fines and suspended prison terms, but the Court of Appeal later increased his sentence to an effective seven years of imprisonment, citing the seriousness of his crimes and the need for deterrence in corruption cases.
Morupisi appealed his convictions, but the Court of Appeal dismissed his appeal and imposed harsher sentences, including 18 months for the first corruption count, five years for the second corruption count, and seven years for money laundering, to run concurrently. He began serving his sentence in December 2024.
However, in a controversial move, Morupisi filed an urgent application in the High Court, challenging the Court of Appeal’s sentencing judgment. He argued that the Court of Appeal had violated his constitutional right to a fair hearing before an independent and impartial court. On 3 January 2025, a split panel of the High Court granted his application, setting aside the Court of Appeal’s sentencing judgment and ordering his immediate release.
The Attorney General and the Directorate of Public Prosecutions swiftly appealed the High Court’s decision, arguing that the High Court had no jurisdiction to overturn a ruling by the Court of Appeal, which is the highest court in Botswana. In a strongly worded judgment delivered on 21 February 2025, the Court of Appeal unanimously ruled in favor of the state, setting aside the High Court’s order and reinstating Morupisi’s prison sentence.
The Court of Appeal emphasized that the High Court had overstepped its constitutional authority by interfering with a decision of the Court of Appeal. The judgment, delivered by Justices Froneman and Cameron, stated that the High Court’s actions were “in plain violation of longstanding appellate precedent” and undermined the rule of law and the hierarchical structure of Botswana’s judiciary.
The Court of Appeal also dismissed Morupisi’s allegations of bias and impropriety against the judges who had sentenced him, finding no evidence to support his claims. The court noted that the sentencing judgment was comprehensive and scrupulous, and that Morupisi’s attempts to misrepresent the court’s reasoning were “a straw stratagem grasped in pursuit of a desired outcome.”
The Court of Appeal reaffirmed that its decisions are final and binding on lower courts, including the High Court. The High Court has no jurisdiction to review or overturn decisions of the Court of Appeal, even in cases involving alleged constitutional violations.
The court reiterated that corruption is a grave offense that strikes at the heart of Botswana’s democracy and economy. The judgment emphasized that senior public officials who abuse their positions for personal gain must face severe consequences to maintain public trust in the rule of law.
The unanimous decision dismissed Morupisi’s applications for the recusal of two judges, finding no reasonable grounds for bias. The court also criticized the High Court judges who had ruled in Morupisi’s favor, saying that the judge should have recused himself due to a potential conflict of interest involving his family members. The five member CoA panel comprised Johan Froneman, Edwin Cameron, concurring. Isaac Lesetedi, Leatile Dambe, and Goemekgabo Tebogo-Maruping.
