In an appeal before the CoA scheduled for hearing today (Friday), the State argued the High Court failed to find that once the CoA had adjudicated Morupisi’s case, it ceased to be open to the High Court to interfere with any judgment pronounced by it, whether under Section 18 of the Constitution, or under any other law, in any manner which would amount in substance, even if not in form, to a review of a decision of the CoA. “Section 18 of the Constitution confers alternative powers of review in terms of very wide powers granted to the court under that section, but it does not entitle the High Court to exercise supervisory jurisdiction over the CoA,” said the State.
According to its arguments, the very Constitution that the court a quo places reliance on to set aside the CoA judgment, recognises that there is a hierarchy of courts, with the CoA at the apex, and the High Court beneath it. The State further explained that the appeal to the High Court decision represents a serious threat to the core values of the judicial system and the integrity of the appeals process pointing out that the High Court's unprecedented intervention has rocked the very foundations of the Judiciary. “As the ultimate protector of these values, this Court must step in to restore order and stability. The trust that the public has in the Judiciary is at stake, necessitating a quick and decisive resolution to this urgent matter,” submitted the State. In the grounds of appeal, the State has argued that it follows that the court below failed to apply its mind to the fact that the matter was not properly before it and that it ought to have been brought before the CoA.
