The CoA’s reference to the president’s anti-corruption stance in sentencing Carter Morupisi has drawn criticism from the Law Society of Botswana, citing concerns over judicial independence
GAZETTE REPORTER
Justices of Appeal have sparked controversy by invoking the President’s anti-corruption stance in their ruling and the sentencing of former Permanent Secretary to the President, Carter Morupisi.
In their judgment, Judge President Tebogo Tau and justices Lakhvinder Singh Walia and Baaitse Nkabinde stated that failing to impose a strict sentence on Morupisi would be seen to undermine “the Honourable President’s stated desire to see an end to corruption”.
This statement has drawn sharp criticism from lawyers and the broader public for raising concerns about judicial independence and the principle of separation of powers.
“Unnecessary”
The Chairperson of the Law Society of Botswana, Lesedi Moahi, expressed dismay over the statements, describing it as “unnecessary” and a potential threat to public confidence in the judiciary.
“The judiciary must remain impartial and independent,” he said. “For judges to imply that they ruled to align with the desires of the executive branch undermines the rule of law and the principle of separation of powers.”
He added that such statements could erode trust in the judiciary’s ability to deliver fair and unbiased judgments.
Moahi revealed that the newly-elected leadership of the Law Society of Botswana plans to convene soon to deliberate on the matter and chart a course of action.
“This issue is serious,” he said, “and as a body entrusted with upholding the rule of law, we must address it.”
Sentencing criteria
In an interview, Morupisi’s lawyer, Obonye Jonas, said it would be very unfortunate if the judges referenced the presidency as part of their sentencing criteria because that would amount to pandering to the whims and caprices of the executive.
“It would be very unfortunate and a very sad day for judicial independence if political statements were to influence the outcome of cases,” he said. “I don’t want to believe, although it appears so, that the judges meant that the sentence was made to impress the presidency.”
Asked whether he thought the executive should distance itself from the statement, Jonas replied: “No, the doctrine of separation of powers is meant to ensure that each branch steers clear of interfering with the functions of the others.”
Judiciary under scrutiny
The controversy arises as the judiciary is under increasing scrutiny for independence, with legal practitioners urging judicial officers to steer clear of political undertones in their rulings.
Efforts to obtain a comment from the Office of the President proved unsuccessful as Minister Moeti Mohwasa had not responded to Gazette inquiries at the time of going to press.
In delivering the ruling, Justice Walia stated: “There is a dearth of law in Botswana and elsewhere in the range of punishment for corrupt practices and high-end corruption-related crime.
“However, the case that comes to mind readily is Selebi supra where the Appellant, a former commissioner of police and head of Interpol, was sentenced to a term of 15 years imprisonment for corrupt practices involving sums of money sounding in millions.
President’s stated desire
“The South African Supreme Court of Appeal dismissed the appeal and confirmed the trial court’s sentence.
“I have agonised over the sentence to be imposed on the Appellant, bearing in mind that this court would be failing in its duty and seen to be eroding public confidence in the judicial system if the Appellant were to escape with a rap on the knuckles.
“The court would also be seen to undermine the Honourable President’s stated desire to see an end to corruption.”
The Court of Appeal (CoA) sentenced Morupisi, who was convicted two years ago on three counts of corruption, to seven years in prison.
Too lenient
The charges stemmed from his involvement in a corrupt deal involving a Toyota Land Cruiser and a P500 million contract between the Botswana Public Officers Pension Fund (BPOPF) and Capital Management Botswana (CMB).
Previously, Morupisi had received a suspended sentence and was ordered to pay a P130,000 fine, but the CoA deemed the initial punishment too lenient after Morupisi appealed the ruling in an effort to clear his name.