Morupisi appeal withdrawal fails
Mpho Mokwape | Monday March 25, 2024 06:01
The former Permanent Secretary to the President (PSP) hit a brick wall as he was sent back again by the CoA bench following his attempt to withdraw his appeal on Tuesday this week.
In what seemed like an easy task for his attorney, Busang Manewe to just pop up, withdraw the appeal and leave, turned into a full back and forth affair with the CoA bench comprising Court President Justice Tebogo Tau, Justices Singh Lakhvinder Walia and Baaitse Nkabinde about the rules of court and if the withdrawal was properly before court.
The judges sent Manewe back to the drawing board as they argued that the withdrawal was not properly before court and that he should have sought leave to withdraw or better yet honoured the order issued previously, which requested that he file submissions. During what seemed like an endless exchange between Manewe and the judges, the former had to explain why he deemed the withdrawal of the appeal fit, and was put under pressure to consider his client. Justice Nkabinde said Manewe was trying to address the judges from the bar when he had not filed any papers as he ought to have done as per the order of February when the matter was first postponed.
“You might have a point in your address but would it not have been the right thing to do by filing what you are trying to argue now? You are saying there is no appeal but you are making submissions now,” Justice Nkabinde said. Justice Nkabinde requested Manewe to consider his client saying that his client’s interest should be a priority and not for him to argue back and forth, holding them at ransom. Justice Tau told Manewe that he was defying the order that was issued when the matter was postponed the first time where he was told to go and make written submissions.
“As much as you might have a point now, you are not following the order that we issued. You cannot file withdrawal without seeking leave of this court and also not having followed the order,” she said. The judges also questioned why Manewe was trying to argue about the varying of sentence when it was not properly stated after he told them that there are no powers to vary the sentence of his client. At last, Manewe bowed down to pressure and agreed to go back and file submissions as to why he feels the appeal ought to be withdrawn and also address the prosecution’s opposition. The State is opposing the withdrawal and has cited the rules of court saying the withdrawal is in their contravention. The bench postponed the matter and gave Manewe two weeks to have filed his papers as requested and State was given until April 12 to respond.
Morupisi, whose ambitions are set on a political office, this second postponement of his matter comes after he was, through his lawyer, advised to consider taking more time to address the court on a point of law, which allows the highest court to either enhance or reduce his sentence. Before arguments for the appeal could start, Justice Tau said she had noted that in Morupisi’s papers he had stated that he is challenging his conviction but, on his relief sought, he asks for the court to discharge and acquit him, which could also directly affect his sentence and not just conviction. Morupisi was advised through an order that he should file submissions why his sentence should or not be varied if the appeal goes through. The matter was subsequently postponed to the April session, giving Morupisi time to consider his position. However, before the session, he took the decision to withdraw the matter. In what seems like a political decision, Morupisi abandoned his grounds of appeal where he wanted his conviction to be reviewed and set aside. In the grounds of appeal, Morupisi had argued that the High Court erred by failing to recognise that the charges that he has been convicted of were bad for duplicity and/or that there has been an improper splitting of charges. “The three counts are bad for duplicity, which is prejudicial to me and I am entitled to acquittal.
The court should set aside the charges,” he said. At the heart of Morupisi’s case is a Toyota Land Cruiser motor vehicle, which he was accused of purchasing with the Botswana Public Officers Pension Fund (BPOPF) funds. Morupisi was charged, tried and convicted on an indictment containing three counts namely, two counts of corruption and one count of money laundering. The former PSP was then sentenced on count one to two years imprisonment wholly suspended for three years on condition that he does not commit an offence of such nature. Morupisi was ordered on count two, to pay the sum of P50, 000, in default five years imprisonment while on count three, to pay the sum of P80, 000, in default eight years imprisonment. The fines in respect of count two and three were to be paid within 90 days from the date of sentence, being November 30, 2022. The Toyota Land Cruiser was forfeited to the State.