In a striking development within a high-profile corruption trial, Botswana’s chief prosecutor has stepped away from prosecuting prominent Gaborone businessman Bakang Seretse, citing a personal and professional relationship with the accused.
Director of Public Prosecutions (DPP) Kgosietsile Ngakaagae confirmed that he, along with his entire office, has recused themselves following the filing of fresh criminal charges against Seretse and his co-defendants. These charges, brought forth by the Directorate on Corruption and Economic Crime (DCEC), are set to be heard at the Broadhurst Magistrate Court in the coming weeks.
Ngakaagae openly acknowledged his decision in an interview with Weekend Post: “It is true that I have recused myself and the entire office because of a conflict of interest.” He elaborated on the nature of this conflict, rooted in a prior legal relationship. “Bakang Seretse is my former client; therefore it would be procedurally improper and ethically problematic for me to prosecute him,” he explained.
Further revealing the depth of their connection, Ngakaagae described Seretse as “a brother and friend,” a bond that remains intact. “He is a brother and friend, and the relationship still subsists,” he said. “I would be conflicted to take any decision on a matter involving Seretse.” He confirmed having formally declared this conflict and authorized the anti-corruption agency to pursue the case independently. “Neither my person nor my office is involved in the decision-making or prosecution of this case,” Ngakaagae emphasized.
The DCEC has acknowledged the exceptional circumstances. Director General Botlhale Makgekgenene stated that her agency would assume responsibility for the prosecution using its internal legal team. “It is true that the DPP has recused himself from the matter together with his office,” she confirmed. “At this stage our internal legal team will handle the prosecution. I am confident that DCEC has a watertight case,” she added.
Makgekgenene dispelled rumors of external prosecutors taking over the case. “We have capable lawyers within DCEC who can prosecute. Outsourcing is not yet on the table,” she said. She also addressed the unauthorized dissemination of the charge sheet on social media, calling it “unfortunate.” “However, the leak did not originate from my office,” she asserted. “I am confident that the document may have been leaked by the accused persons themselves.”
Former DCEC Director General Tymon Katlholo noted that the recusal is not without precedent. “This is not unusual, as DCEC has been granted limited prosecutorial powers,” Katlholo remarked.
The newly filed charges implicate three individuals, Seretse, Sharifa Noor, and Alphonse Ndzinge, alongside their companies, Kgori Capital and Kgori Holdings. The allegations involve corruption exceeding P62 million, including forgery of official documents, embezzlement by an agent, and conspiracy to defraud the government’s former Department of Energy. The case traces back to a contentious 2017 deal and unfolds amid ongoing scrutiny of public procurement practices in Botswana.
In a related matter, prior investigations linked to this network led to the state recovering P32.25 million through civil forfeiture under the Proceeds and Instruments of Crime Act, following a disputed infrastructure tender associated with the Selebi-Phikwe Economic Diversification Unit.
Officials view the recovery as evidence of sustained efforts to safeguard public funds, even as the current corruption case advances under an unprecedented prosecutorial arrangement.