Ngakaagae & Co: Cynosure of all eyes
Mpho Mokwape | Monday January 26, 2026 06:00
The development comes as corruption allegations against past officeholders continue to surface. All eyes have now turned to the man leading the prosecutorial charge.
Ngakaagae has assumed office at a critical moment for the justice system, with public confidence strained by years of perceived impunity. Unlike many of his predecessors, the current DPP has opted for a hands-on approach, personally leading prosecutions in some of the most sensitive corruption cases instead of delegating them entirely to his legal teams.
Just on Tuesday, Ngakaagae stepped into the prosecutorial seat in a case where former Minister of Minerals and Energy, Lefoko Moagi is facing corruption and money laundering, and his decision has drawn both praise and scrutiny.
The public argues that Ngakaagae’s direct involvement signals seriousness and resolve, particularly in high-profile cases involving powerful figures accused of corruption.
Traditionally, the Directorate of Public Prosecutions (DPP) operates through layers of senior and junior prosecutors, with the Director providing oversight rather than courtroom leadership.
Although it is not the first director to do this, Ngakaagae’s approach, on the other hand, represents a notable departure from his recent predecessors, one that appears designed to underline prosecutorial independence and demonstrate that no individual is beyond the reach of the law. Leatile Dambe, during her tenure as the director of the DPP, also took matters head-on as well.
The corruption case of Moagi currently before the court is widely seen as a test of the State’s commitment to accountability, and for the man at the helm of a very sensitive office, Ngakaagae, it constitutes an early measure of his capability as chief prosecutor.
Beyond legal expertise, the role demands institutional leadership, coordination with investigative agencies, and the ability to withstand political and external pressure.
Many will say that when Ngakaagae assumed office as Director of the DPP, he inherited more than a title, arguing that he stepped into a justice system under intense public scrutiny, burdened by unresolved cases of corruption that some didn’t even go anywhere.
A typical example is the Directorate of Intelligence and Security (DIS) top spy, Welheminah Maswabi, code-named ‘Butterfly’, in a case that involved allegations of the looting of over P100 billion public funds that mentions former president Ian Khama and former spy chief, the late Isaac Kgosi, including ambassador Bridgette Motsepe. The case that had drawn so much public attention was withdrawn by the DPP after Botswana hired South African advocate Gerrie Nel. Botswana had since tendered an apology to Motsepe and other accused persons on the grounds that the case was without merit and was baseless. At the time in 2020, he plainly told the DPP that the case had no basis and ought to be withdrawn for lack of evidence, some of which was alleged to be fabricated, something that left a huge stain on the prosecutions
Now, at a time when confidence in State institutions remains fragile, Ngakaagae has chosen a path that sets him apart from the traditional image of a chief prosecutor.
Rather than remaining behind the scenes as an administrative overseer, he has taken the unusual step of personally leading prosecutions in high-profile corruption cases, placing himself at the forefront of the legal battle against alleged abuse of public office, following the path previously traversed by Dambe, of course.
However, the approach is not without risks, as many debate. The public believes that by placing himself at the centre of politically sensitive cases, Ngakaagae inevitably becomes a focal point for criticism, legal challenges, and political pressure. Any misstep, procedural delay, or failed prosecution may be interpreted not as an institutional shortcoming but as a personal one.
As it is common cause that the corruption case currently before the courts and those that are to come as said are widely associated with a previous administration, a fact that has intensified public interest and political debate.
For many citizens, these prosecutions represent a long-awaited reckoning with a culture of impunity that, they believe, took root at the highest levels of government.
Ngakaagae’s task, however, extends beyond addressing public anger. Prosecuting former executive government officials requires navigating a complex legal landscape, where cases are often built on years-old evidence, intricate financial records, and investigations that may have suffered delays or interference. Each decision to charge, to withdraw, or to amend carries legal and political consequences.
In this context, Ngakaagae’s leadership is being closely examined as a test of prosecutorial independence. The central question remains whether the Directorate of Public Prosecutions can act without fear, favour, or political alignment, especially when those under scrutiny once wielded significant power.
Public expectations
Known for his sharp litigation skills and fearless courtroom presence, the experienced attorney assumed office last year, taking the hot seat from Nomsa Moatswi, who is not a judge of the High Court.
At the time of his appointment, many Batswana praised the pick by President Duma Boko and expressed hope that the new DPP would 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 DPP. He began his career as a prosecutor, serving with the DPP for nearly a decade, from 2000 to 2009, before transitioning to private practice as a managing partner at Ngakaagae & Co. Law Firm. Ngakaagae’s legal journey is marked by involvement in high-profile cases, demonstrating his readiness to take on complex and often sensitive matters.
This is why public expectations surrounding Ngakaagae’s tenure are high, with many seeing him as the man tasked with “cleaning up” the failures of the past. However, legal experts caution that the justice system is not designed to deliver political closure or moral satisfaction, but to apply the law based on evidence and due process. They say convictions, while significant, are not guaranteed, that acquittals or withdrawn cases do not necessarily imply prosecutorial failure, though in the court of public opinion, they can undermine confidence. Ngakaagae will therefore have to balance transparency with restraint, ensuring that the pursuit of justice does not become hostage to public pressure.
Leadership beyond the courtroomBeyond the courtroom battles, Ngakaagae’s effectiveness as DPP will also be measured by his ability to strengthen the institution he leads. A prosecution service must be resilient, well-resourced, and insulated from political interference to function effectively. By taking the lead in sensitive cases, Ngakaagae implicitly challenges his prosecutorial teams to rise to higher professional standards. Whether this approach fosters mentorship and institutional growth or places excessive reliance on the Director himself will shape the long-term impact of his leadership.
A defining moment for DPP
Ngakaagae’s tenure comes at a defining moment for the country’s justice system. The outcome of the corruption cases now unfolding may influence not only public trust in the courts but also future expectations of accountability in public office.
While it remains too early to predict how history will judge his leadership, it is clear that Ngakaagae has chosen visibility over caution and direct engagement over distance. In doing so, he has made himself inseparable from the broader question confronting the nation: whether the law can truly be applied equally, even when those in the dock once sat at the centre of power. As proceedings continue, the DPP and the man at its helm will remain under close watch, with each development scrutinised not just for its legal merit, but for what it signals about the state of justice in the country.