Former PS battles on as DPP pushes for seven-year sentence
Embattled former Permanent Secretary to the President, Carter Morupisi, remains composed despite the legal battles that have made him a household name in recent months.
Facing the possibility of seven years behind bars, Morupisi appeared in court on Tuesday (Feb 12, 2025), his wife Pinnie standing by his side as his legal team fought to keep him out of prison.
For nearly six hours, legal arguments raged as attorney Tshiamo Rantao, representing the Directorate of Public Prosecutions (DPP), insisted that the High Court had no jurisdiction to review matters already decided by the Court of Appeal.
Rantao argued that once the Court of Appeal has ruled on a case, no lower court can overturn its decision.
He stated that Morupisi’s approach to the High Court was procedurally flawed, making his appeal invalid.
“If this court finds that the approach was unprocedural, that’s the end of the matter,” Rantao said, adding that Justice Mercy Garekwe had already ruled that the DPP appeal should be heard urgently.
He further argued that Morupisi had cited irrelevant legal authorities that did not align with the circumstances of his case.
He stressed that the court hierarchy exists to ensure finality in legal matters, warning that allowing cases to be endlessly relitigated would create a vicious cycle of unending appeals.
Morupisi was convicted on two counts of corruption and one of money laundering.
He was initially handed a three-year wholly suspended sentence, fined P130,000, and ordered to forfeit a Toyota Land Cruiser, which was central to his charges.
However, the Court of Appeal later overturned this lenient sentence, imposing a seven-year custodial sentence, which Morupisi is now challenging.
Rantao also slammed Morupisi for using derogatory language against Court of Appeal judges, alleging that they were desperate to impress the President.
He insisted that public interest demands harsh penalties for corruption and that the fight against corruption is not a political agenda but a national priority.
The DPP team further argued that Justice Zein Kebonang should have recused himself when Morupisi approached the High Court on December 31, 2024, seeking to review the Court of Appeal ruling.
They alleged that Kebonang’s family members had personally benefitted from Morupisi’s crimes, claiming his mother received a vehicle linked to Morupisi’s dealings and that his brother benefitted financially.
This, they argued, created a serious conflict of interest, making Kebonang’s involvement problematic.
On the other side, Morupisi’s lawyer, Obonye Jonas, maintained that the High Court does have the power to review Court of Appeal decisions under exceptional circumstances.
He argued that the seven-year sentence was politically motivated, accusing the previous Appeal Court bench of bias by tying the sentence to the President’s anti-corruption campaign.
Jonas urged the court to restore the original sentence imposed by Justice Chris Gabanagae, which did not include jail time.
“Justice Gabanagae did not misdirect himself. He carefully weighed the seriousness of the offence, Morupisi’s personal circumstances, and the interests of society before passing his sentence,” Jonas argued.
The two legal teams also clashed over who should bear the legal costs.
The DPP demanded punitive costs, arguing that Morupisi was wasting the court’s time.
However, his defense team countered that he had every right to challenge what he saw as a violation of his constitutional rights.
As the legal battle drags on, Morupisi’s fate now rests in the hands of the courts.
If the DPP succeeds, he could soon be serving a full seven-year sentence- a dramatic fall from grace for a man who once held one of Botswana’s highest public offices.