The Gaborone High Court has overturned the sentences imposed by the Court of Appeal (CoA) on Carter Morupisi, declaring them a nullity. The court ruled that the CoA violated Morupisi’s constitutional right to be tried by an independent and impartial tribunal.
Morupisi, a former Permanent Secretary to the President (PSP), was convicted on three criminal counts and sentenced by the trial court. The CoA later enhanced these sentences in December 2024, referencing the need to uphold public confidence in the judiciary and to align with the President’s stance against corruption.
Morupisi challenged the CoA’s decision, asserting that its reference to the President’s desires compromised judicial independence and impartiality. He argued that the CoA’s decision was influenced by political considerations, which he claimed eroded the judiciary’s integrity.
The High Court, in a majority judgement delivered by a panel comprising Justices Dr. Zeinub Kebonang, Reuben Lekorwe, and Masilo Mathaka (dissenting) , found that the CoA’s remarks referencing the President’s desires breached Morupisi’s constitutional rights. The judgement stated that the judiciary must function independently of external influences, including those from the executive branch.
The High Court declared that any decision arising from such a breach is a nullity. It further held that judicial independence requires decisions to be free of improper influences.
The Attorney General, represented by attorney Charles Batsalelwang, argued that the High Court lacked jurisdiction to review the CoA’s decision. The High Court rejected this argument, citing Section 18 of the Constitution, which grants it jurisdiction to address constitutional violations. It concluded that exceptional circumstances, such as breaches of fundamental rights, warranted revisiting the case despite the principle of finality in judicial proceedings.
The majority decision by Kebonang and Lekorwe ordered the reinstatement of the sentences originally imposed by Justice Gabanagae. It clarified that the nullification of the CoA’s decision did not affect the trial court’s ruling. Morupisi was ordered to be released unless held for other offences. Costs were awarded in his favor.
