Justice Dr. Zein Kebonang has refused to recuse himself from the Carter Morupisi case following an application by the Attorney General (AG). Morupisi, who is serving a seven-year prison sentence for corruption, is seeking to challenge the constitutionality of his sentencing by the Court of Appeal (CoA).
The AG’s application for Justice Kebonang’s recusal was based on perceived conflicts of interest stemming from his twin brother, Saadique Kebonang’s, prior dealings with Capital Management Botswana (CMB). CMB was at the center of the corruption charges that led to Morupisi’s conviction. The AG argued that these connections could undermine the impartiality of the judge.
Justice Kebonang, however, dismissed these concerns, saying he has no connection to the applicant, Morupisi, and does not bear responsibility for his brother’s actions. “I am not my brother’s keeper,” he asserted during the proceedings. Justice Kebonang promised to provide detailed reasons for his decision in due course.
The controversy surrounding CMB’s alleged financial dealings with Saadique Kebonang were at the center of the recusal application. It has been reported in the past that funds from CMB were used to support then Vice President Mokgweetsi Masisi’s chairmanship campaign at the Botswana Democratic Party (BDP) congress in Tonota in 2017. Saadique Kebonang claimed that CMB directors approached Masisi with the intention of donating to his campaign. Masisi allegedly directed them to channel the funds through Saadique Kebonang, who was part of his campaign team. The funds were then reportedly used for campaign activities.
This is not the first time Justice Kebonang has faced calls for recusal due to his brother’s associations. In an earlier case, he said “I am not responsible for my brother, nor am I his keeper. His friends or enemies are not mine, and the converse is equally true. Although twins, we are not conjoined to be viewed and treated as persons with no separate identities. Lives, aspirations, and ambitions – my brother’s friendships are not mine.”
Morupisi’s application to have his CoA sentencing declared unconstitutional centers on claims that Justice Dr. Singh Walia, who was part of the panel that presided over the appeal, made a statement implying political pressure. Morupisi argues that the statement referenced President Duma Boko’s remarks about eradicating corruption, which he claims placed undue influence on the judiciary to align with the Executive’s stance. He contends this undermined the independence of the judiciary.
