Disclaimer: For full details, refer to the case report attached at the end of the article.
In the recent landmark case of Attorney General vs. Carter Morupisi (2025), the Court of Appeal had to address a significant constitutional question: Can the High Court review or overturn a decision made by the Court of Appeal?
The Case:
Carter Morupisi, convicted of corruption and money laundering, was initially sentenced by the trial court in 2023. However, the Court of Appeal increased the sentences, leading Morupisi to challenge this decision. The High Court later ruled that the Court of Appeal’s decision violated Morupisi’s constitutional right to a fair trial, and it reinstated the trial court’s original, more lenient sentences.
The Key Legal Question:
Could the High Court override the Court of Appeal’s decision? The High Court based its ruling on a claim of constitutional rights violations under section 18 of Botswana’s Constitution. However, the Court of Appeal disagreed, emphasising that its rulings are final under the constitutional framework.
Court of Appeal’s Ruling:
On 21 February 2025, the Court of Appeal delivered its ruling, declaring that only the Court of Appeal can reconsider its own decisions in rare cases. The High Court had overstepped its jurisdiction by attempting to review the final decision of the Court of Appeal.
Legal Takeaway:
This case reinforced the finality of Court of Appeal decisions and emphasized that the High Court does not have the authority to review or overturn these judgments. The decision serves as a critical reminder of the hierarchical structure of Botswana’s judiciary, where appellate court decisions are final and binding.
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