The State has accused Justice Zein Kebonang of being compromised in his refusal to recuse himself from Carter Morupisi’s case, citing undue benefits allegedly received by his brother and mother from Morupisi’s corrupt dealings with Capital Management Botswana (CMB).

State lawyers argued at the Court of Appeal this past Sunday January 6, 2025 that the judge’s immediate family members financially benefited from the unlawful activities at the heart of Morupisi’s conviction. “This creates a reasonable apprehension of bias,” the State argued. They further contended that the issue was not the judge’s personal relationship with Morupisi but rather that “his family directly profited from Morupisi’s illegal actions.”

While Justice Kebonang has previously recused himself in similar cases involving CMB, the State noted that his ruling in the current matter notably excluded any mention of his mother’s involvement. They maintained that this omission undermined his impartiality.

Justice of Appeal Mercy Garekwe also highlighted that “without the unlawful activities of Morupisi, the judge’s brother and mother would not have benefited.” She also referenced a precedent where Justice Kebonang had stepped aside under similar circumstances, raising questions about his consistency in handling conflicts of interest.

Defending Kebonang’s position, Morupisi’s attorney, Obonye Jonas, dismissed the State’s claims. “The allegations about donations to the judge’s family don’t hold water,” he argued. “CMB is not on trial, nor did it gift money to Justice Kebonang.” Jonas also downplayed the significance of the alleged benefits, insisting that they would not influence the judge’s decisions in this case.

However, the State remained adamant that public confidence in the judiciary demands accountability and impartiality. They stressed that this matter goes beyond procedural concerns, touching on the integrity of the courts in administering justice without undue influence or bias.