Justice Mercy Garekwe has granted the State’s application for an expedited appeal in the corruption case involving Carter Morupisi. In her ruling, Justice Garekwe addressed and dismissed allegations that the President may have influenced the judiciary, describing such claims as “unfounded, unjustified, and unnecessary.”
The application, brought by the Attorney General and the Directorate of Public Prosecutions, sought an urgent appeal against a High Court decision that overturned Morupisi’s conviction and sentences handed down by the Court of Appeal. Justice Garekwe ruled that the matter met the requirements for an expedited appeal, emphasizing the need to restore public confidence in the judiciary and resolve questions surrounding the independence of Botswana’s courts.
The ruling comes amid accusations by Morupisi that the Court of Appeal had “pandered to the whims and caprices of the Executive.” In his submissions, Morupisi questioned whether his enhanced sentence—imposed by the Court of Appeal in December 2024—was influenced by the President’s public statements on combating corruption.
Justice Garekwe was unequivocal in her response, stating that such insinuations not only lacked evidence but also sought to undermine the integrity of the judiciary. She said Morupisi’s claims, including speculative questions about private meetings between the President and appellate judges, were “clearly intended to solicit sympathy” and “dragged the Court of Appeal through the mud.”
“This language and these insinuations do not advance the cause of justice; they distort the focus of the case,” Justice Garekwe said, adding that the judiciary’s role is to apply the law impartially, free from external influences.
Garekwe also highlighted the public’s potential dismay at the controversy, noting that such allegations could erode confidence in the legal system. “The public is potentially in shock, in utter disbelief,” she said, emphasizing the importance of an expedited resolution to reaffirm the rule of law and judicial independence.
She further criticized the High Court’s ruling that reversed Morupisi’s sentences, describing it as a “disguised review” of the Court of Appeal’s judgment and a breach of the hierarchical structure of Botswana’s courts. Justice Garekwe reaffirmed that the Court of Appeal is the final arbiter, and its decisions cannot be overturned by lower courts.
In granting the expedited appeal, Justice Garekwe found that the State had demonstrated “exceptional circumstances” and “good and substantial grounds,” key requirements for expedited hearings under Botswana’s legal framework. She rejected Morupisi’s argument that the rushed timeline would prejudice his ability to prepare for the appeal, noting that he had himself initiated urgent proceedings in the past. “The scales tilt in favor of the applicants. It is in the interests of all parties that the matter be resolved expeditiously,” she concluded. The Court of Appeal will hear the expedited appeal during its upcoming January session.
