The Appeal of the Apex Court in Botswana: The Case of Carter Morupisi v. State

Authors

Muna B. Ndulo, Cornell University Law SchoolFollow
Louis Koen, University of Johannesburg
Samantha Smit, University of Johannesburg

Publication Date

11-2024

Abstract

This case note discusses the Botswana Court of Appeal's ruling in Carter Morupisi v State, which addressed the High Court's unprecedented attempt to review a decision of the Court of Appeal. The commentary highlights the fundamental principle of judicial hierarchy and the separation of powers in Botswana's constitutional framework. The Court of Appeal emphatically rejected the High Court's jurisdiction to review its judgments, reaffirming its position as the final arbiter (highest judicial authority). The authors emphasise that while the High Court may raise constitutional questions with regards to Apex courts decisions, it cannot adjudicate on them, reinforcing the concept of vertical stare decisis. The decision underscores the importance of maintaining judicial integrity and preventing lower courts from undermining the finality of superior court judgments.

Recommended Citation

Ndulo, Muna B.; Koen, Louis; and Smit, Samantha (2024) "The Appeal of the Apex Court in Botswana: The Case of Carter Morupisi v. State," SAIPAR Case Review: Vol. 7: Iss. 2, Article 10.
Available at: https://scholarship.law.cornell.edu/scr/vol7/iss2/10