Garekwe stated that Morupisi's allegations that the justices presiding over his sentencing "mortgaged their conscience to the Executive" and tried to impress the President, has shredded to pieces and dragged in the mud the integrity of the CoA. In a recent ruling where she declared that the State's appeal against the decision of the High Court to free from jail the former Permanent Secretary to the President (PSP), Garekwe said the allegations made were damning and painted a picture that the President was interfering with the Judiciary.
"The weight of the allegations made against the justices of this court who presided over the sentencing of Morupisi, and premised on a statement that appears in the sentencing judgment, can't be overlooked for they indeed paint a dim, damning, and alarming picture about the integrity of the said justices and, therefore, the CoA in general. It is important that I reproduce some of these allegations and contentions. They also don't spare the President of this Republic, insinuating, as they do, that he is interfering with the judicial arm of government," she said. Morupisi was released from prison on January 3, 2025, after successfully challenging his sentencing from the CoA because Justice Singh Walia's utterance about the President's desire to "see the end of corruption" was unconstitutional and infringed on him as the judge was only trying to impress the President at his expense.
However, Justice Garekwe who in her ruling has already shown that she doesn't agree with Morupisi's allegations has explained that the integrity of the court, when one has regard to the import of the averments, statements, and submissions referenced by Morupisi, has been shredded to pieces and dragged in the mud on account of a statement the court made in its sentencing judgment. She stated that it was imperative and urgent for the court to undertake an assessment of the statement and give its urgent views on the matter. "The public is potentially in shock, in utter disbelieve, and how can it be expected to have an iota of trust in the very institution it looks up to for resolution of the society's disputes in the face of all these damning allegations? What more the highest court whose decisions are binding on all including all the lower courts, at least to the best of my knowledge and understanding," Garekwe said.
The judge revealed that she did point out to Morupisi's attorney Obonye Jonas about her discomfort with the language used in his client's pleadings, which he did in turn called such language a figure of speech and also indicated that it was meant to communicate the depth of the seriousness his client has accorded the impugned statement and the attitude of the sitting justices and the Court of Appeal in general. She pointed out that attorney Jonas also did note, surprisingly so, that the Judiciary has to come to terms with the fact that it is subject to criticism something that it, however, appears not to accept. "This statement is shocking. Firstly because it is not backed by any factual basis. Secondly, it was just plucked from the air because the Judiciary, more so the judges and justices, and in fact, all presiding officers inclusive of the magistrates, have no platform to answer to criticism made against their decisions, whether such criticism is justified or not, including insults that they at times face," the judge said. J
ustice Garekwe further noted that it has never happened, at least to her knowledge, that a judge, let alone the office of the Chief Justice or that of the Chief Registrar, has come to the aid of judges or justices when being openly and at times harshly criticised so to, therefore, make such a bald and clearly an uninformed statement in court was shocking. She bemoaned that the statement is in fact false and most importantly a cursory look at the convicted Morupisi's pleadings in general, paints a picture, in her preliminary assessment, of an individual who has gone out of his way to drag the CoA in the mud simply because of the impugned statement.
In conclusion, Garekwe said it was thus imperative, if not for anything, to restore the faith of the public in the judicial system and that it can be achieved if the issues arising in Morupisi's matter, which paint a dim picture of its integrity can be addressed and addressed expeditiously.
