Former Permanent Secretary to the President (PSP) Carter Morupisi has filed a motion demanding Justice Mercy Garekwe recuse herself from hearing his case, alleging judicial bias. The application, submitted to the Court of Appeal on January 7, 2025, argues that Justice Garekwe’s impartiality is compromised due to her past rulings and conduct in court. The application comes the day before Garekwe is due to deliver a ruling on the State’s appeal against High Court’s decision to release Morupisi from his seven-year jail term.
In his affidavit, he cites multiple reasons for the recusal application, including a prior defamation case in which Justice Garekwe dismissed his claim against the Sunday Standard newspaper. That case involved allegations of Morupisi’s corrupt dealings with Capital Management Botswana (CMB), a company implicated in the misuse of pension funds.
“Justice Garekwe previously adjudicated matters directly linked to the issues raised in my current case. Her earlier judgment essentially validated allegations of my corruption, creating a clear perception of bias,” Morupisi argued in his affidavit.
Morupisi further claims that during a recent meeting in the chambers with his attorney and State attorneys, Justice Garekwe attempted to influence the State’s legal strategy by advising their counsel not to abandon a key application for a stay of execution. “This unsolicited intervention suggests she is predisposed against me,” he stated, adding that such conduct undermines his right to a fair hearing.
The motion also questions the selection of Justice Garekwe to preside over the matter. Morupisi contends that Justice Walia, who appointed Garekwe to preside over the matter, is conflicted as he previously ruled on a related sentencing issue. “This violates the principle of natural justice that no person should be a judge in their own cause,” he asserted.
Morupisi argues that the Chief Justice, as a neutral party, should have been responsible for appointing the panel to avoid any perception of impropriety.
Filed on an expedited basis, the application seeks to prevent Justice Garekwe from delivering a ruling on January 8, 2025, concerning a procedural matter. “If this ruling proceeds, my rights to appeal will be irreparably harmed,” Morupisi stated, emphasizing the urgency of the recusal request.
Morupisi, through his attorney Dr. Obonye Jonas, maintains that Justice Garekwe’s continued involvement would erode public confidence in Botswana’s judiciary, saying, “Justice must not only be done but must also be seen to be done.”
