In his attempt to get the judge from his case where the State has filed an expedited appeal against his release from prison, Morupisi said he had hoped that Garekwe's conscience would have pricked her to recuse herself without the unenviable task to launch the recusal application. “It is incumbent upon every judge to recuse herself or himself from any matter in respect of which he or she is reasonably suspected of bias towards or against one of the parties. This principle is non-negotiable,” he said.
Yesterday, Justice Garekwe refused to recuse herself from Morupisi’s case on grounds that there is no basis to the claim made by the appellant. Morupsi, who said is disappointed with the outcome of his application, had explained why he felt the judge ought to have recused herself saying he would not silently participate in a compromised court process for the sake of finality. In his founding affidavit, the former PSP’s contention comes from an alleged exchange of words between the judge and State attorney Tshiamo Rantao in chambers where Morupisi’s attorney Obonye Jonas was also present. Morupisi alleged that his attorney had informed him that the judge ‘coached’ Rantao after the latter had indicated that they wanted to abandon the relief they sought on stay of the High Court judgment and wanting him (Morupisi) to remain in jail while they appealed the decision. “My attorney Jonas tells me that on January 4, 2024, he requested to see judge Garekwe in chambers in the presence of the respondents' attorneys to discuss the progression and direction of the expedition application. While in chambers, one of the respondents' attorneys, Rantao indicated to the Judge that he had given thought to the reliefs sought in the Notice of Motion and Draft Order and has decided not to seek stay of execution,” said Morupisi He explained that in abandoning the relief, the State said there is no harm or prejudice to them when the appeal is heard when he is not in custody.
