Ndzinge Seeks Separate Trial In P250 Million NPF Case After Nine-Year Delay

Former Kgori Capital director Alphonse Ndzinge has asked the court to separate his trial from that of his co-accused in the P250 million National Petroleum Fund (NPF) case, arguing that the prolonged proceedings are infringing his constitutional right to a trial within a reasonable time.

Ndzinge is facing corruption charges alongside businessman Bakang Seretse, Sharifa Noor, Kgori Capital (Pty) Ltd and Kgori Holdings (Pty) Ltd.

Through his attorneys, Collins Chilisa Consultants, Ndzinge filed an application before Magistrate Mareledi Dipate seeking orders that would allow his plea, case management and trial to proceed separately from those of the other accused.

The application does not seek to end the prosecution against him. Instead, Ndzinge says he wants an opportunity to answer the charges against him and have his case determined by a court.

Ndzinge Says Case Has Made No Progress

In his affidavit, Ndzinge says the alleged offences occurred between March and June 2017, more than nine years ago, while he was formally charged on 2 March 2026.

He made his first appearance in court on 12 March 2026. According to his application, the matter has since not progressed beyond the first appearance and the litigation of interlocutory applications.

Ndzinge argues that the continued joinder of the accused has contributed to the delay and that his circumstances and defence should not remain tied to proceedings involving the other accused.

He is asking the court to set separate dates for his plea, case management and trial, even where one or more of the other accused are pursuing applications for leave to appeal, appeals or stays of proceedings.

He further wants the court to direct that any stay granted to another accused should not automatically suspend proceedings against him. Any party seeking to halt his proceedings, he argues, should instead bring a separate application specifically addressing the effect on his case.

Ndzinge maintains that his ultimate objective is to challenge the allegations against him in court.

Constitutional Right And Personal Consequences

A central part of the application is Ndzinge's reliance on Section 10(1) of the Constitution of Botswana, which provides for a fair hearing within a reasonable time for a person charged with a criminal offence.

He argues that the continued delay infringes that right.

Ndzinge also says the unresolved charges are affecting his ability to participate freely and confidently in the corporate and business community.

The proceedings have also placed a continuing burden on his family, he says. According to his affidavit, his father, brother and sister have attended every court appearance, with the prolonged uncertainty causing ongoing discomfort for the family.

“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,” he states.

He argues that the passage of time creates particular difficulties for the defence because witnesses' recollections of events dating back more than nine years may naturally deteriorate.

Ndzinge says this could affect witnesses whose evidence might assist in establishing his innocence.

Defence Strategy Is Different, Ndzinge Says

Ndzinge also argues that his defence is distinct from that of Seretse and Noor and that maintaining the joint proceedings risks tying his case to litigation that does not advance his interests.

“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 says.

His application contains five substantive orders, with the remaining prayers seeking further or alternative relief and costs.

The request therefore centres on procedural separation rather than withdrawal from the case. Ndzinge wants his own proceedings to move forward independently while the court continues to deal with applications involving his co-accused.

The case arises from allegations concerning the P250 million NPF saga. The allegations remain matters for determination by the court, and Ndzinge's application is an assertion of his procedural and constitutional rights rather than a determination of his guilt or innocence.