Justice Mercy Garekwe has dismissed an application by former Permanent Secretary to the President (PSP) Carter Morupisi, who sought her recusal from presiding over his case on grounds of alleged bias.
Morupisi’s application, filed on January 7, 2025, argued that Justice Garekwe’s impartiality was compromised due to her past rulings, including a 2020 defamation case involving the Sunday Standard newspaper, where she dismissed Morupisi’s claims linked to allegations of corruption involving Capital Management Botswana (CMB).
In his affidavit, Morupisi also accused Justice Garekwe of improper conduct during a recent meeting with his legal team and the State’s attorneys, alleging she advised the State on its legal strategy. He further questioned her appointment to the matter, asserting it violated principles of natural justice.
However, Justice Garekwe ruled that the claims lacked merit and did not establish a reasonable apprehension of bias. She also dismissed allegations that she expressed disappointed at the State’s decision to abandon application for stay of execution of his release from Prison pending appeal. Garekwe said Morupisi and his attorney Dr. Obonye Jonas missed an apportunity to seek her recusal before the matter was heard.
