Seretse Challenges State Prosecutors' Authority

In a detailed legal letter addressed to the Director of Public Prosecutions, attorneys representing Seretse, Sharifah Noor, Alphonse Ndiznge, Kgori Capital (Pty) Ltd, and Kgori Holdings (Pty) Ltd argue that the ongoing criminal proceedings before the Regional Magistrates’ Court in Gaborone are unlawful and should be halted.

The case, currently pending at the Broadhurst Magistrates’ Court, stems from investigations into the handling of funds linked to the country's National Petroleum Fund (NPF), a matter that has drawn public attention for nearly a decade.

At the center of the legal challenge is the authority under which the prosecution is being conducted. According to the defense lawyers, the prosecution team led by Thabo Malambane and supported by officers from the Directorate on Corruption and Economic Crime (DCEC) does not have valid constitutional authority to prosecute the case.

The defense contends that the prosecution's actions are unconstitutional and that the proceedings should be stopped immediately. This development adds a new layer of complexity to a case that has already seen numerous legal battles and public scrutiny.

The outcome of this challenge could have significant implications for the prosecution of corruption cases in Botswana, particularly concerning the authority and jurisdiction of prosecuting bodies.