Bakang Seretse’s challenge to prosecutors handling his 63-count case could test the legal foundation for delegated prosecutorial authority beyond his own criminal proceedings.
GAZETTE REPORTER
Businessman Bakang Seretse and his former lawyer, now Director of Public Prosecutions (DPP) Kgosietsile Ngakaagae, are headed for an unusual legal showdown in the High Court over the scope and legality of prosecutorial powers exercised by the DPP’s office.
At the heart of the dispute is Seretse’s challenge to the legal basis upon which prosecutorial authority is delegated within the Directorate of Public Prosecutions.
The case carries an unusual twist because Ngakaagae previously represented Seretse in the same criminal matter before his appointment as DPP. After assuming office and when the matter was reinstated, Ngakaagae recused himself from representing Seretse.
63 CHARGES
Seretse, together with Sharifa Noor, Kgori Capital (Pty) Ltd and Kgori Holdings (Pty) Ltd, has appealed against a June 30, 2026 ruling by Magistrate Mareledi Dipate.
The accused face 63 counts, including stealing by agent, money laundering, forgery of an official document and conspiracy to defraud government.
POWERS CHALLENGED
Seretse and his co-appellants argue that the magistrate failed to determine whether written authority issued by the Deputy DPP amounted to lawful authority under Section 51A of the Constitution.
They further contend that the magistrate wrongly relied on Statutory Instrument No. 57 of 2005 without first determining whether the DPP possessed legal authority to create the delegated framework upon which the prosecution relies.
The appellants contend that the decision to prosecute belongs exclusively to the DPP and that any delegation can extend only to implementing a decision already taken by the DPP.
AUTHORITY QUESTIONED
They are asking the High Court to overturn Dipate’s ruling and declare that prosecutors Thabo Malambane, Othugile Mabe and Ishmael Matsiara lacked authority to institute and prosecute the charges against them.
The appellants also want the charge sheet signed by Malambane quashed and set aside, together with an order for costs.
The challenge could have implications beyond Seretse’s case because it questions the legal foundation upon which prosecutorial functions are delegated within Botswana’s criminal justice system.
FORMER CLIENT
Ngakaagae previously stood on Seretse’s side of the courtroom as his lawyer in the same matter. Following his appointment as DPP, he withdrew from representing Seretse. Seretse is now challenging prosecutorial authority exercised under the office Ngakaagae heads.