Alphonse Ndzinge, the Third Accused in the high-profile NPF related case, has filed an application with the Broadhurst Regional Magistrate Court seeking to be tried separately from his co-accused, arguing that an ongoing interlocutory appeal by a co-accused in the matter is infringing his constitutional right to a trial “within a reasonable time.”
In papers filed on 18 August 2026 through Collins Chilisa Consultants, Ndzinge asked the court to separate his trial from that of First Accused Bakang Seretse, Second Accused Sharifa Noor, Fourth Accused Kgori Capital (Pty) Ltd and Fifth Accused Kgori Holdings (Pty) Ltd. The case was filed before Justice Mareledi Dipate.
What Ndzinge Is Asking For
From the onset, Ndzinge directly states in the application that his ultimate wish is to address and challenge the charges against him in a court of law.
The application seeks five orders. Three are substantive requests; the remaining two are standard prayers for further and/or alternative relief and for costs.
The first order is a separation of trial on Counts 1 to 2, Count 4, and Counts 5 to 63 of the Amended Charge Sheet. Ndzinge is not charged on Count 3.
He further seeks direction to proceed with plea, case management and trial for himself on dates set by the court, notwithstanding any pending application for leave to appeal, appeal, or stay of proceedings by the other accused.
Moreover, he seeks declaration that any stay granted to the co-accused shall not automatically operate to stay proceedings against him. Any party wanting to stay his case must bring a separate, motivated application.
The application is supported by a Founding Affidavit from Ndzinge and a Confirmatory Affidavit from his attorney, Quintan Maduwane.
Delay Is Causing Material Prejudice
In his affidavit, Ndzinge says the alleged offences date back to between March and June 2017, which is more than nine years ago, and that he was formally charged only on 2 March 2026.
Since his first appearance on 12 March 2026, the matter has not progressed beyond first appearance and the litigation of the interlocutory applications described above.
The Specific Grounds of Prejudice
Ndzinge lists six areas where he says the delay is harming him.
He says Section 10(1) of the Constitution of Botswana guarantees every person charged with a criminal offence the right to a fair hearing within a reasonable time.
He says, in a statement preceding the itemised list of six grounds, that continued joinder “infringes this right” – a point echoed as the sixth listed ground, which states that the delay “infringes his right to a fair hearing within a reasonable time as guaranteed by section 10(1) of the Constitution of Botswana.”
As is standard for many roles in the financial services sector, he is employed in a position that falls under the purview of an industry regulator.
He notes that the continued pendency of these proceedings, without resolution, is not something he takes lightly.
He says he is also unable to freely and confidently engage in the corporate and business community while these charges remain pending.
Ndzinge references prior related proceedings arising from the same National Petroleum Fund matters in which charges against him personally were withdrawn by the DPP on 24 March 2020.
The current delay, he says, “has caused me to relive an experience similar to that earlier ordeal.” In a separate averment, he adds that “my father, brother, and sister have consistently attended every court appearance, and the continued and indefinite delay, prolongs the burden placed on my family.”
While on recognisance without formal travel restrictions, he says before undertaking any travel, he must first contact his attorney to confirm whether it is safe or advisable, which he describes as “a form of ongoing limitation on my liberty.”
He also argues witnesses’ memories are fading.
“The ability of witnesses, including those whose evidence may exonerate me, to accurately recall events from more than nine years ago naturally diminishes with time.”
He also says his defense strategy is distinct.
“To the extent that we all have different representation, my defense is distinct from that of the First and Second Accused,” he deposed. “The continued joinder forces me to wait while strategies that do not serve my interests, and may be adverse to a swift resolution, are litigated at every level of the court system.”
Ndzinge was previously a director of Kgori Capital and Kgori Holdings but says he has since ceased to hold those directorships.
What Happens Next
In his draft order, Ndzinge asks the court to direct that the State proceed with his plea and trial on separate dates, and to record that any stay obtained by other accused must be specifically motivated against him.
The application has been served on the Clerk of Court, the Directorate of Corruption & Economic Crime (Prosecution) – representing the State – and attorneys for the other accused, Kambai Attorneys and Mack Bahuma Attorneys.
The application was heard on Thursday 20th August and the Court requested a period of two weeks to consider it.