The Directorate of Public Prosecution (DPP) is currently managing a backlog of 965 criminal cases registered since 1st October 2025. This week, Augustine Nganyata, the Assistant Minister of Justice and Correctional Services, disclosed a notable surge in the registration of corruption cases alongside those deemed of national significance.
In his presentation to the Committee of Supply for the Attorney General’s Chambers, Nganyata reported that 521 dockets, representing 53.9 percent of the total, have been processed to date. Yet, the DPP continues to grapple with fiscal constraints, particularly concerning subsistence allowances for prosecutors required to travel extensively to serve regions lacking dedicated DPP offices, where prosecutorial services remain indispensable to the public.
Nganyata further revealed a sharp budgetary contraction, with legal costs slashed by P16,374,960, equivalent to a 28.54 percent reduction. “This is despite an increase in the number of criminal cases emanating from emerging legal concepts/areas in which the AGC/DPP is under-resourced or lacks expertise hence the need to outsource to external senior or specialized legal counsel whose charges are on a higher legal fees scale,” he explained. This financial tightening has resulted in the budget allocation dropping from P57,374,960 to P41,000,000, a cut that threatens to impede the smooth administration of justice in court proceedings.
Structurally and administratively, the DPP remains tethered to the Attorney General’s Chambers. Nganyata underscored that while the constitutional framework guarantees prosecutorial independence in exercising discretion, the current institutional design curtails the DPP’s control over critical operational functions, such as human resources, disciplinary actions, transfers, promotions, budgetary input, and internal governance.
“It is proposed that the Government initiate measures toward structural separation and administrative autonomy of the DPP. This may include establishing the DPP as a distinct administratively self-governing entity within Government and also vesting authority for human resource management, discipline, transfers, and performance oversight within the Office of the DPP,” Nganyata advocated.
The DPP aspires to assume prosecutorial authority over all criminal cases as constitutionally mandated, including those presently handled by the Botswana Police Service (BPS). This ambitious transfer of prosecutorial powers, however, is hamstrung by insufficient resources allocated to the takeover project, designed to relieve the BPS of its delegated prosecutorial duties.
Nganyata highlighted growing security concerns faced by prosecutors, especially when handling high-stakes cases involving serious offenses, organized crime, and corruption. “Prosecutors are increasingly exposed to security risks in the execution of their duties, particularly in matters involving serious offences, organized crime, corruption and other high-risk prosecutions. Risks may arise within court environments, during travel to and from proceedings, and, in certain cases, at private residences.”
To address these vulnerabilities, he proposed that the government adopt a comprehensive security framework tailored to prosecutors’ needs. This would include formal security risk assessments for prosecutorial roles and high-risk cases, alongside the deployment of armed security personnel in identified danger zones.
Finally, Nganyata called for improved working conditions across prosecution chambers to attract and retain seasoned legal professionals. “Conditions across chambers need to be enhanced to attract, incentivize and retain experienced lawyers. Efforts are underway to address these challenges and achieve parity in remuneration across the public service, including responsibility allowance and commuted overtime allowance.”