P250 million NPF case Ndzinge wants separate trial

• Charged alongside Bakang Seretse & Sharifa Noor, he decries nine-year trial delay

BAKANG TIRO

editors@thepatriot.co.bw

Former Kgori Capital Director Alphonse Ndzinge is pleading with the court to charge him separately in the P250 million National Petroleum Fund (NPF) saga where is he facing corruption charges, arguing that the delayed trial for nine years is infringing his constitutional right to a trial “within a reasonable time.”

Ndzinge is charged alongside flamboyant businessman Bakang Seretse and Sharifa Noor, Kgori Capital and Kgori Holdings respectively.

He filed the papers before Magistrate Mareledi Dipate through his attorneys Collins Chilisa Consultants, Ndzinge want 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.

Ndzinge asked 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.

Plea

Ndzinge stated  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 and are substantive requests; the remaining two are standard prayers for further and/or alternative relief and for costs.

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 stating that any party wanting to stay his case must bring a separate, motivated application.

 No Progress

In his affidavit, Ndzinge explained that 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 2nd March 2026.

Since his first appearance on 12 March 2026, he argued that the matter has not progressed beyond first appearance and the litigation of the interlocutory applications described above.

Ndzinge also listed six areas where he highlighted that the delay is very harmful to his future, buttressing that 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 added that 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.”

Ndzinge noted that the continued pendency of these proceedings, without resolution, is not something he takes lightly, stressing that he is also unable to freely and confidently engage in the corporate and business community while these charges remain pending.

Family burden

Furthermore, Ndzinge noted that current delay, has caused him to recall an experience similar to that earlier ordeal explaining that his father, brother, and sister have consistently attended every court appearance.

He stated that the continued and indefinite delay of the trial, prolongs the burden placed on his family hence bringing discomfort to the entire family.

He added: “Before undertaking any travel, I must first contact my attorney to confirm whether it is safe or advisable. This is ongoing limitation on my liberty. Also, the witnesses’ memories are fading.”

According to Ndzinge, the ability of witnesses, including those whose evidence may exonerate him and to accurately recall events from more than nine years ago naturally diminishes with time, adding that

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. 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,” he said.