AG yet to see forensic report
Goitsemodimo Kaelo | Tuesday June 23, 2026 12:35
Appearing before the Public Accounts Committee, Bayford revealed that despite growing public interest in the findings of the forensic audit conducted by Alvarez & Marsal Middle East Limited (A&M), his chambers have yet to receive the document for legal assessment and advice. Bayford explained that while the forensic audit has uncovered irregularities and potential wrongdoing, its findings do not automatically translate into actionable court cases. It has been reported that forensic auditors have uncovered that over P33 billion was embezzled during the 10-year period from April 2014 to March 2024 “Expert auditors do a forensic audit. But after doing the report, it does not mean the findings are actionable court cases.
For these matters to become cases, there has to be a docket, evidence, affidavits, and proper investigations,” he said. According to Bayford, the process requires the findings to first be referred to investigative agencies such as the Directorate on Corruption and Economic Crime (DCEC) and the Botswana Police Service. These agencies would then compile case files and dockets before forwarding them to the Directorate of Public Prosecutions (DPP) for assessment. He said, depending on the evidence gathered, the matters could result in criminal prosecutions or civil proceedings aimed at recovering assets allegedly lost through corruption. “It is a lot of work, but we have an agile DPP who will work hard to the satisfaction of the public,” Bayford said.
PAC chairman, Taolo Lucas, asked whether it would not be necessary for the government to establish a special investigative unit dedicated to handling cases arising from the forensic audit. Bayford said such a move remains a possibility but would require legislative backing. “There could be a special unit, but that would happen if Parliament proposes the establishment of such a body to help speed up the prosecution of cases arising from the report findings,” he said. However, the AG indicated that he is currently unable to advise the government on the necessity of such a structure because he has not yet reviewed the report. “At this stage, I have not advised the government on whether it is necessary to establish such a unit because I have not seen the report and therefore cannot determine the extent of the work that may come before our offices,” he said. Bayford added that the only information available to him consists of sketchy details regarding the extent of financial losses allegedly linked to corruption.
“When the forensic report arrives at my office, I will advise accordingly and engage the Executive on what needs to be done,” he said. Meanwhile, Director of Public Prosecutions Kgosietsile Ngakaagae said his office is already prioritising corruption-related matters and stands ready to process any cases arising from the forensic audit. “For us, we are already doing the work. There are cases that we are already working on and others that we are looking at,” Ngakaagae said.
He further revealed that the DPP has adopted a policy requiring prosecutors to complete assessments of corruption-related files within three months of receiving them. “Once the forensic report arrives and files reach our office, it takes us three months after receiving the file to complete the assessment. We have decided to give corruption cases and matters of public interest priority,” he said. Ngakaagae noted that several corruption cases are already before the courts, whilst others are expected to be enrolled in the coming months.