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From fierce attorney to Chief Prosecutor: Ngakaagae appointed DPP Director

Ngakaagae takes the hot seat from Nomsa Moatswi. PIC MORERI SEJAKGOMO
 
Ngakaagae takes the hot seat from Nomsa Moatswi. PIC MORERI SEJAKGOMO

His announcement as head of the prosecution service was made by the Office of the President on Wednesday.

Known for his sharp litigation skills and fearless courtroom presence, the experienced attorney assumes one of the most powerful legal roles in the country, charged with determining who gets prosecuted or not and how justice is served.

Ngakaagae, who takes the hot seat from Nomsa Moatswi, has been met with strong reactions across the country.

Many Batswana have praised the pick by President Duma Boko and expressed hope that the new DPP will bring change, strength and fairness to the justice system.

No doubt many are expecting a lot from him because he is not a new name in the legal world. For many years, he has been one of Botswana’s most well-known attorneys, and now his career has become a full circle, having started his career right at the Directorate of Public Prosecutions (DPP).

Ngakaagae’s legal career at a glance

He began his career as a prosecutor, serving with the DPP for nearly a decade starting from 2000 to 2009 before transitioning to private practice as a managing partner at Ngakaagae & Co. Law Firm.

His legal journey is marked by involvement in high-profile cases, demonstrating his readiness to take on complex and often sensitive matters. Ngakaagae’s work spans criminal defence, corruption, mental health defences and constitutional challenges.

His claim to fame in the legal fraternity

Ngakaagae gained a wide recognition in the controversial P250 million National Petroleum Fund (NPF) money laundering case, where he defended businessman Bakang Seretse and others.

During the corruption case, Ngakaagae was known as a bold defence attorney who sought to compel top officials, including the President, to testify and call out alleged protection of senior officials and demanded their accountability in court.

He once filed an urgent application seeking the arrest of the Attorney General, DPP, and the Receiver in a contempt case, arguing they failed to comply with a court order to release funds, demonstrating his willingness to hold even the highest offices accountable.

In the P110 million case involving Debswana and Infotrac, Ngakaagae represented Infotrac before the Court of Appeal. During proceedings, a heated exchange ensued between him and a presiding judge, the late Singh Walia, over interruptions and characterisation of his arguments, which illustrated his assertiveness in the courtroom.

In another high-stakes prosecution, he served as lead prosecutor in the late Louis Nchindo’s fraud and corruption case. As the case proceeded, Ngakaagae was a subject of a targeted break-in at his home, allegedly resulting in the theft of his laptop and memory stick containing key case materials.

At the time, he strongly believed the incident was a targeted attack due to the sensitive nature of his work.

Still on the Nchindo case, he was also known for his vocal and aggressive cross-examination style, striking a defiant tone in court as he took on powerful political figures.

Additionally, Ngakaagae represented clients in a wide variety of cases, including:

In the Mogalakwe “Billy goat” case, Ngakaagae successfully argued that his client had a genuine belief that the goat in question belonged to him. He thus challenged the intent to steal, an appeal based on honest mistake of fact rather than criminal intent

He served as defence attorney for Motlatsi Khoto, a former Civil Aviation Authority employee convicted of murdering his young step-daughter, Metlha. Ngakaagae pleaded that Khoto was mentally impaired and acted in a nightmare-induced delusion, asserting insanity as a mitigating factor

Ngakaagae defended individuals in the birth certificate fraud case involving a Zimbabwean national who used a false identity to defraud millions. Ngakaagae challenged the integrity of civil registry processes and questioned whether systemic inefficiencies, rather than individual error, were to blame.

These cases highlight not only his versatility but also his readiness to tackle matters of national importance. Whether defending alleged criminals, challenging state bodies, or pressing for accountability at the highest levels, his approach is marked by legal acumen, fearlessness and a willingness to confront institutional power.

Public commentator

Ngakaagae is not just a courtroom figure but also a bold public commentator, especially on social media. He is known for boldly criticising high-profile figures without fear or favour.

What the future holds

Now, as Director of Public Prosecutions, he will be leading the team responsible for making decisions about criminal charges in Botswana. This is one of the most powerful legal positions in the country. The DPP must always act fairly, follow the law, and make sure justice is done without fear or favour.

Many people believe Ngakaagae is the right person for the job. They say his years of experience, strong legal skills, and independent mind will help restore public trust in the justice system. Others are watching closely to see how he will balance his bold personality with the demands of public office. This appointment may come with challenges, but Kgosietsile Ngakaagae is no stranger to hard situations. His past work has shown that he is ready to face pressure and still make decisions based on what he deems right.

As he steps into the DPP role, many hope his appointment signals a more assertive and transparent prosecutorial era. With a record of bold defenses, deep conviction in justice, and no hesitation to litigate against state power, Ngakaagae is positioned to shape Botswana’s legal landscape significantly in the years to come.