You are on page 1of 49
[caBoroNe IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE SXF I Mariee- 00087914 CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 15" RESPONDENT ANNAH MOKGETHI 2° RESPONDENT NOTICE OF PRESENTATION OF ELECTION PETITION (Section 118 Electoral Act) BE PLEASED TO TAKE NOTICE that the Petitioner in the above cited election petition hereby presents the following: 4. Power of Attorney 2: Petition 3. Verifying Affidavit- Duma Gideon Boko Moemedi Dennis Baikalafi x Oarabile Kethabile Koketso Gaolatheope Lydiah Ngaka 4 by be Wha Mosegofatsi Mhutsiwa Receve eh . Keletso Mohutsiwa . Thelma Banyana Molome wu List of proposed sureties Draft Recognizance (section 117(e) Electoral Act) Draft Surety Bond (section 117(e) Electoral Act) Notice of Set Down (Assessment of Security for Costs) (section 117(e) Electoral Act) NOS DATED AT GABORONE THIS 21" DAY OF NOVEMBER 2019 BAYFORD & ASSOCIATES (Petitioner's Attorneys) Broadhurst, Tshetlha Crescent Plot 7104, Broadhurst P.O Box 202283, GABORONE To: THE REGISTRAR Prvate Bog 00220 HIGH COURT OF BOTSWANA REGISTRY GABORONE oTGABORONE ZZ NOV 2019 DOGUMENTS RECEIV TIME AND TO: AND TO: INDEPENDENT ELECTORAL COMMISSION (1 Respondent) GABORONE ANNAH MOKGETHI (2° Respondent) GABORONE SPECIAL POWER TO SUE AND DEFEND IN THE HIGH COURT OF BOTSWANA [ HIGH COURT OF BOTSWANA. Civit REGISTRY CASE NO. GARDHONE In the matter betweert: 2INOV 2018 DUMA GIDEON BOK PETITIONER And INDEPENDENT ELECTORAL COMMISSION 4" RESPONDENT ANNAH MOKGETHI 2° RESPONDENT |, the undersigned DUMA GIDEON BOKO. do hereby nominate and appoint, Attorneys Dick Bayford and/or Karabo Masuku and/or Sikhumbuzo Masuku and/or Dutch Leburu and/or Boingotlo Toteng and/or Kago Rapula Mokotedi and/or Onalethata Kambai and/or Unoda Mack or any attomey in the employ of Bayford & Associates or Monthe Marumo Attomeys or Toteng & Company or Otto ltumeleng Law Chambers or Kambai Attorneys or Bahuma Mack Attorneys, with power of substitution, to be my true and lawful Attorneys and Agents in my name, place and stead to appear before the above-named Honourable Court or wherever else may be necessary and then and there to:- 1. prosecute an election petition on my behalf and seek the following Orders: 1.1 directing that the second respondent was not duly elected in the 2019 Parliamentary elections for Bonnington North Constituency and that no other person was or is entitled to be declared duly elected; 1.2 directing that the declaration made by the Retuming Officer for the said elections to the effect that the second respondent was duly elected is null and void; 1.3. declaring that the Bonnington North parliamentary eeat ie vacant; 1.4 certifying to the President the vacancy of the Bonnington North parliamentary seat and the cause thereof, 1.5 directing that the first respondent pays the costs of this petition; 1.6 _ in the event the second respondent opposing this petition, directing that he bears the costs together with the first respondent jointly and severally, the one paying the other to be absolved; Wh A -2- to pay all fees of Counsel and Witnesses; to make all and any payment whatsoever, which may be necessary and desirable for the proper conduct of the case; to proceed to the final end and determination thereof, and generally for effecting the purposes aforesaid, to do cause to be done, whatsoever shall be requisite as full and effectually, to all intents and purposes, as we might or could do if personally present and acting therein; hereby ratifying, allowing and confirming, and promising and agreeing to ratify, allow and confirm all and whatever our said Attorneys and Agents shall lawfully do or cause to be done in or doubt the premises by virtue of these presents. Given under my hand at Gaborone this 21" day of November, 2019 in the presence of the undersigned witnesses. IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO. PETITIONER And INDEPENDENT ELECTORAL COMMISSION 1°" RESPONDENT ANNAH MOKGETH! 28° RESPONDENT TOouRT OF BOT PETITION | This petition humbly showeth that: Your petitioner is Duma Gideon Boko, a Motswana adult male of full legal capacity resident at Masetlheng Ward, Tlokweng, an Advocate of this Court and other courts of Botswana, whose address for purposes of this petition is clo Bayford & Associates, PO Box 202283; Plot 7104 Tshetlha Crescent, Broadhurst, Gaborone. Your petitioner was a candidate in the 2019 Parliamentary elections for the Bonnington North Constituency (“the constituency”) and he is eligible in terms of all relevant laws in Botswana to be elected as a Member of the National Assembly of Botswana. ‘Apart from your petitioner, the 2019 National Assembly elections for the constituency (‘the elections”) were contested by two (2) other candidates, to wit: 3.1. the second respondent, Mrs. Annah Mokgethi, who contested on behalf of Botswana Democratic Party (BDP). She is a married woman of full legal capacity resident in Gaborone, presently employed as a minister of State and also an Attorney of this Court, whose further particulars are to me unknown. The second respondent was on 24" October, 2019 declared the winner of the elections; 3.2. Mr. Onkemetse Franklyn Clark - Lerubisi (Mr. Lerubisi), a male adult of full legal capacity resident in Gaborone, whose further particulars are to me unknown. He contested the elections as a candidate for a party known as Real Alternative Party (RAP) 3.3. Dr. Kaelo Molefhe (Dr. Molefhe), a male adult of full legal capacity resident in Gaborone employed as a lecturer, whose further particulars are to me unknown. He contested the elections on behalf of a party called Alliance for Progressives (AP); This is an election petition instituted in terms of section 116 of the Electoral Act (‘the Act’). Prior to institution of this petition and in conformity with the proviso to section 116 of the Act, your petitioner afforded, in writing, Dr. Kaelo and Mr. Lerubisi an opportunity of becoming parties to the petition as co - petitioners. Copies of the letters addressed to the two are hereto annexed and respectively marked “DGB 1” and “DGB 2”. 44 Dr. Kaelo has not signified any desire to be joined in this petition as co - petitioner. 42 Mr. Lerubisi on the other hand has requested in writing that he be furnished with the petition before he could make a decision whether to be joined as co-petitioner or not. A copy of his letter to this effect is hereto annexed and marked “DGB 3”. In response to this letter, your petitioner's attorneys have on the 21" November, 2019, addressed to him a letter explaining to him the legal requirements under the said proviso. A copy of this letter is hereto annexed and marked “DGB 4”, 5. The first respondent is the Independent Electoral Commission (IEC), a statutory body established in terms of Section 65 A of the Constitution of Botswana (as amended by the Constitution Amendment Act No. 18 of 1997). In terms of section 65 A (12), the first respondent is inter alia responsible for the conduct and supervision of elections of Elected Members of the National Assembly and members of local authorities and ensuring that elections in Botswana are conducted efficiently, properly, freely and fairly. 6. The second respondent is Annah Mokgethi whose particulars are as ‘setout above and who was declared the winner of the said elections by the first respondent. 7. In this petition, your petitioner complains of the undue election of the second respondent in the said elections and commission of corrupt and illegal practices by the BDP, Directorate of Intelligence and Security Services (DISS) with the connivance of certain employees of the first respondent as shall be fully particularised hereinunder and prays for the relief setout. BACKGROUND 8. On the 23" October 2019, Parliamentary elections were held in the Bonnington North Constituency amongst a total of fifty seven (57) constituencies spread across the length and breadth of the Republic of Botswana. This petition relates to this constituency. 11. The elections were contested by Botswana Democratic Party (BDP), represented by the second respondent; the Alliance of Progressives (AP) represented by Dr. Kaelo; Real Altemative Party (RAP) represented by Mr. Lerubisi and the Umbrella for Democratic Change (UDC) represented by your petitioner. Your petitioner's polling agents, whose verifying affidavits are filed herewith, were present through out the voting process. The results of the elections as announced by the Returning Officer were as follows: 10.1 second respondent (BOP) 6933 10.2 Dr. Kaelo (AP) 1047 10.3. Mr. Lerubise (RAP) 56 10.4 Your petitioner (UDC) 4495 10.5. Spoilt 52 Based on the results of the said count, on the 24" October, 2019, the first respondent, through the agency of the Returning Officer for the elections, declared the second respondent duly elected as Member of the National Assembly for the said constituency. The latter had edged over your petitioner with a margin of two thousand four hundred and thirty eight (2438) votes. PARTICULARS OF THE IRREGULARITY COMPLAINED OF 12. Your petitioner complains that 12.1 the second respondent has been unduly elected; 13. 12.2 12.3 12.4 12.5 12.6 certain officials of the Botswana Democratic Party (BDP), whose {ull particulars appear hereinunder, engaged in corrupt or illegal practices to influence and distort the outcome of the election; the Directorate of Intelligence and Security Services (DISS) unlawfully aided and abetted the BDP officials in executing the corrupt or illegal practices aforesaid; certain officials of the Independent Electoral Commission (first respondent) unlawfully aided and abetted the BDP officials in executing the corrupt or illegal practices aforesaid; the roll that was used on the polling day was not the same as the one certified by the Secretary of the first respondent; the first respondent contravened or permitted the contravention of the provisions of section 28 of the Act. In proof of the complaints alleged to above, your petitioner shalll at the hearing of this petition lead evidence from a whistleblower, Moemedi Dennis Baikalafi (Mr. Baikalafi), whose particulars are as follows: 13.1 13.2 13.3 an adult self employed man of full legal capacity resident in Gaborone; the Managing Director of Even Life Holdings (Pty) Ltd; member of the Botswana Democratic Party (‘BDP’) Communications Support Sub-Committee. 4, 16. During the run-up to the 2019 elections Mr, Baikalafi was part of the national campaign team of the BDP. This team comprised amongst others the following office bearers of the BDP, to wit; Secretary General, Mr. Mpho Balopi (Mr. Balopi), Head of Strategy, Dr. Comma Serema (Dr. Serema), and Head of Communications and International Relations Mr. Kagelelo Banks Kentse (Mr. Kentse). In or about June 2018, a meeting attended by the BDP President Dr. Mokgweetsi Eric Keabetswe Masisi (Dr. Masisi), Mr. Balopi, Dr. Serema, the Treasurer of the BDP Mr. Satar Dada (Mr. Dada) and Mr. Baikalafi was convened at Tsholetsa House. Also present at the meeting was the Director General of Intelligence and Security Services, Brigadier Peter Fana Magosi (Rt.) (Brigadier Magosi). In this meeting, Dr. Masisi expressed his concem of losing the forthcoming elections and those present were called upon to suggest strategies of ensuring that the President wins the elections. It was clear to all present that the message conveyed by Dr. Masisi was ‘win by any means’. It was agreed at the said meeting that the date of the elections be set for 23" October 2019. Brigadier Magosi was to cause registration of ‘front companies’ to be used for money laundering purposes. An unspecified amount of money was to be transferred from a DISS ‘slush fund’ to the front companies. The front or dummy companies were to pay a company referred to as Native Groups (or a company of a name closely related) under the guise of advertising for the presidency. Native Groups is owned by Mr. Balogi, the Secretary General of the BDP. Dr Masisi, Mr. Balopi, Brigadier Magosi and Mr. Dada devised a plan to pay Independent Electoral Commission (IEC) voters’ registration officials to issue more than one voter's registration card per individual to be selected, who would subsequently cast votes for the BDP. 18. 19. 20 21. The meeting resolved that Mr. Balopi in his capacity as the Secretary General would be the over-arching coordinator of implementation of the plan that had been hatched. The general voters’ registration took place during the period of 3% September 2018 to 11" November 2018 and it was during this period that implementation of the plan of issuance of double voters’ registration cards was to be implemented. Mr. Balopi issued instructions to various coordinators spread over the length and breadth of the country to approach voter registration officers of the IEC and to bribe them so that they could effect the duplicated registration. Mr. Baikalafi was one of the coordinators given this task Mr. Balopi gave Mr. Baikalafi an amount of P 16 500.00 (Sixteen Thousand Five Hundred Pula); P 15 000.00 in cash and P 1 500.00 through Stanbic Mobile money transaction. In addition, he gave him a list of coordinators the latter was to manage. In particular, these were coordinators based in the Central Kalahari Game Reserve (‘CKGR’) being a certain Onkgolotse (mobile phone number 73925305 / 74480227). The latter was designated the team leader for the said area and he was to arrange double registration of potential voters in Phakalane, Gaborone and Gaborone Central. The other coordinator (or team leader) was one Mmaagwe Dan (mobile phone 71615580), who was assigned the Maun area. She was assisted by her son Dan (mobile phone 74128830) and Kefilwe Makata (mobile phone 73735524 / 72369336). Mr. Baikalafi distributed the funds given to him by Mr. Balopi between the two teams aforesaid. The coordinators (or team leaders) assigned to different areas were required to compile a list of potential voters who were to be used in the double registration exercise referred to above. Mr. Baikalafi was charged with coordination of the CKGR and Maun, inclusive of greater Maun. With the assistance of one Fish, Tiro Mekgwe, Thato Osupile, Selwana 22. 23. Kesebonye, Lotty Manyapedza, Kabo Masoba and Mbakiso Tiyiyapo, all BDP activists, a list of the potential double voters was compiled. This list was very copious, running into approximately 16 000 (sixteen thousand) names. Mr. Baikalafi is aware that other teams which were part of the exercise of coordinating duplication of voters’ registration and trafficking also compiled similar lists. Mr. Baikalafi states and has verily informed your petitioner, and the latter believe same to be true for reasons of his stated personal involvement both in the planning and execution of this vote fraud, that the potential voters mobilised for this fraud did not even tum up personally, or attend in person, at the various voter registration points. What was done by Mr. Baikalafi and others in his team was to: 23.1 obtain the names and National Identity numbers of said potential voters and then submit them to certain identified IEC Voter Registration Officers; 23.2 have the IEC Voter Registration Officers capture the names and identity numbers of said potential voters into their voter registration booklets, after hours and at their residences; 23.3 have the said IEC Voter Registration Officers issue at least two voter registration cards per such voter; 23.4 collect the issued voter registration cards for safe keeping, awaiting their handing over to the voters on election day to facilitate their voting: 24, 25. It was agreed that the pool for sourcing potential voters to be used in carrying out the electoral fraud was to include institutions such as military garrisons, tertiary institutions, organised community based organisations like soccer teams and cultural groups, as well as churches from. which names and details of members could be easy to obtain. Such names were to be, and indeed were, submitted to the identified IEC voter registration officers and duly registered as having attended personally to register when in truth they had not. Many of the names were so registered without the consent and involvement of the individuals whose names and particulars were used, the idea being to then, consequent upon their successful registration as stated, then have the National Identity Office issue National Identity cards in respect of such individuals and have the DISS collect these and hand them to identified and trusted individuals who would then present themselves at the various polling stations and impersonate the real persons of such names and particulars and accordingly vote. Most if not all such “voters” were deployed in Gaborone Bonnington North and the rest of the Gaborone and surrounding constituencies. Ihave mysetf come across a number of individuals who state that they never attended at any polling station to register for the 2019 elections and did not expect their names to be in the voters roll for these elections. They were shocked to discover after the elections that their names do actually appear in the voters roll and fear that someone else may have impersonated them and voted purporting to be them. One such person states that he resides at Block 9 in the Gaborone Bonnington South Constituency but his name appears as registered in Block 3 in the Gaborone Bonnington North Constituency. He will be called to testify at the hearing of this matter. 26. 27. 28. 29. 30. 10 In Mr. Baikalafi's estimation, the total number of people who were registered as stated above and thus voted more than once in the Gaborone Bonnington North Constituency is over two thousand, which would account for at least four thousand votes ascribed to the second respondent and resulting in her being declared the winner. Other such “mobilised” voters were registered in the same way in the other Constituencies in Gaborone and the surrounding constituencies of Tiokweng and Mogoditshane, including Lentsweletau-Mmopane and were facilitated to vote in said constituencies and then cast a second vote in Gaborone Bonnington North. To Mr. Baikalafi's knowledge the bulk of all documentation used to prosecute the said fraud was kept in the custody of Mr. Balopi, who stored same at plot No. 55741, Tsaru Tsaru Close, Phakalane, his residence and Plot 208 Mogoditshane, being one of his properties. Mr. Baikalafi estimates that the total number of people who were used to perpetrate the double registration fraud could well run into tens of thousands. ‘According to the scheme of double registration, Mr. Balopi paid or facilitated the payment of willing IEC voter registration officers in the amounts between P2 000.00 and P5 000.00. The actual amount paid depended on how well the registration official negotiated. Every registration official had their own voter registration books and were allowed to take the books to their respective homes, so that they could ‘work from home’. Team leaders in various constituencies were appointed to ensure individuals were registered to vote in two or more different constituencies and to be moved to another constituency that needed more votes so that the BDP could win. This became what was called ‘the mobilisation’. 31. 32. 33. 35. Mt When the registration officials managing voter registration filled in Form A correctly he/she would intentionally fill in a second form using the same information as the first but omit either a letter in the same name or a number in the identity number. This caused a second ‘individual’ to be registered on the voters roll and two pink voter registration cards were issued to the same individual but on the system it was recorded as two separate individuals. From my own understanding of electronic data maintenance, storage and retrieval systems, any activity undertaken on the system, such as the one kept and maintained by the first respondent, would leave an inerasable trace which would show: 32.1. who accessed the system?, especially where access is by password or some such form of personal identification; 32.2 what information was uploaded, deleted or altered during such access; 32.3. and exactly when such access was gained. Thus it would be easy and expedient for a proper disposal of this matter to have an audit of the data base or electronic system of the first respondent to settle this aspect. Transport, food, accommodation and incentives were then arranged by Mr. Balopi for voting day for the mobilized/ trafficked individuals. Registration process commenced on or about September 2018 and continued for three months. There were three registration phases; general registration which took place at the registration polling stations, continuous registration which took place at the registration polling station and supplementary registration which took place at the registration polling stations. 37. 38. 39. 40. 12 As averred above, team leaders in various constituencies, specifically recruited to defraud the electoral process were appointed to ensure that individuals were registered to vote in two or more different constituencies in an urban area or to be moved to another constituency that needed more votes in a rural area. In order to facilitate the said process the election day was set for Wednesday, with the Tuesday afternoon and Thursday being declared public holidays. This was the first time in Botswana's electoral history that three public holidays were declared for a general election. This was done so that buses normally used on working days could be used for ‘voter trafficking’ on the days before and after the elections. Sometime in October 2019, but before the election day, Dr. Masisi, Mr. Balopi, Brigadier Magosi and others went on a ‘our’ around the country and informed the team leaders as to how to mobilise their ‘voters’. The buses arrived shortly after the team leaders were informed as they traveled to each area. The team leaders were paid a P 2 000.00 (Two Thousand Pula) stipend for September 2019 and October 2019 by Mr. Balopi and given airtime scratch cards to keep in contact. Some of the national coordinators were given cell phones. This stipend was provided for two months. The team leaders held all the duplicate voters’ cards in their possession as well as their legitimately issued voters’ registration cards. They would then get the voters on the buses and travel with them to the relevant constituencies to vote. 41. 42. 43. 45, 46. 47. 13 On the 22" October 2019 the voters were transported and accommodated at facilities close to the voting stations they were to cast their votes at. At the voting stations there were line marshals who were holding the queue stating that they were awaiting 50 or more individuals in front of them so that when the voters arrived they could get off the bus, vote quickly and leave again. Voting began at 0630 hours, but the queue started forming much earlier, so that the ‘line marshals’ would be in place from 0300 to ensure the trafficked voters would vote and go. Houses were ‘donated’ for accommodation and tents and mattresses were purchased and set up. About 70 tents were set up in Mogoditshane and tents were also set up in Gaborone, Phakalane and Block 6. Food was purchased from ‘Choppies', a local chain store and alcohol was given to the mobilised voters. Mr. Balopi had issued an instruction that no receipt was to be kept for the alcohol purchases and that payment was to be strictly by way of cash. Once the voters were done at the voting stations, they were transported to locations where lunch had been prepared for them by caterers. Both voters’ registration cards were then taken from them and their names were ticked off the list, so that a record was kept of who voted. . The mobilised voters were only paid their ‘incentives’ after they voted and had handed in their duplicate voter's registration card. Mr. Baikalafi was directly and personally involved in the implementation of the said fraudulent scheme in respect of all Gaborone Constituencies which include Gaborone Bonnington North, and Kanye South, Mogoditshane and Tlokweng constituencies. In all these constituencies, the mode of election cheating was as tabulated above. 48. 49. 50. 51 52. 53. 14 According to Mr. Baikalafi, he was in regular communication with other coordinators involved in the said operation and that they individually told him that they successfully implemented the plan as agreed ‘Save where the context otherwise reflects, all the averments made at paragraphs to 13 to 49 above, inclusively stem from what Mr. Baikalafi has verily informed your petitioner, and the latter believes same to be true for reasons of his stated personal involvement both in the planning and execution of this vote fraud. Your petitioner had assigned two (2) polling agents at each of the polling stations in the constituency. The averments that follow herein, of what transpired at the said polling stations derives from what the polling agents verily informed your petitioner, and the latter believe same to be true for reasons of the former's personal involvement thereat. At the polling stations and in order to facilitate the fraudulent scheme aforesaid, the presiding officers took copies of the elections rolls which the polling agents had brought with them and gave them substitute rolls, which had been manipulated to enable the fraud. Several names of potential voters who were included in the elections voters’ roll certified by the first respondent were not in the substitute roll availed at the polling stations, In the event a voter's name was excluded from the substitute roll, the presiding officers would ask him/her to leave his/her telephone number under the pretext that they would call them later. The polling officers would later call the affected voters, some would come and they were allowed to vote despite the fact that their names were not in the roll. 55. 56. Some prospective voters were reflected as deceased on the substitute voters’ roll when they were still alive, Some of the substitute rolls were incomplete. At Khuduga Polling Station, for instance, the roll that had been availed commenced from names starting with alphabet “M” to those starting with alphabet "Z". Later, the presiding officer brought a complete roll. However, by then a considerable number of people had already voted One of your petitioner's polling agents at Khuduga Polling Station, GaolatIheope Lydia Ngaka protested the conduct of the Election Officers at the Polling Station, and her remonstrations were captured in an audio recording which will also form part of the evidence herein. Her protestations were against: 56.1 the prohibition by the Election Officers of crossing out on the voters rolls supplied, of voters as they voted; 56.2. the conduct by Election Officers, of allowing persons to vote whose names and details did not appear in the voters roll; 56.3 the refusal by the Election Officers to stop the voting in order to address the issue of voters rolls that were not the same and did not contain the same information as evidenced by the claim by the Election Officers in rejecting her protestations, that the names of said persons appeared in a voters roll that the Election Officers claimed to have which had not been availed to the polling agents despite the fact that the Election Officers had prevented the polling agents from bringing into the polling station a copy of the Certified Voters Roll and insisted on the polling agents using the voters roll given to them by said Election Officials. TA 57. 58. 59. 60. 61. 16 The forcible insistence by the Presiding Officer that your petitioner's polling agent should not cross out voters who had voted made cross checking and detection of double voting difficult, if not impossible. In view of the fact that the only Voters Rolls used at the polling stations were those furnished to the polling agents at the polling station on election day, said voters rolls form a critical piece of evidence in this matter and should, therefore be availed to your petitioner. He has consequently requested said voters rolls from the first respondent by letter dated 6 November 2019 which was duly served on the first respondent. A copy of the letter is annexed hereto as “DGB 5”. The first respondent undertook to revert to your petitioner's attorneys in respect of the said voters rolls per its letter of 7 November 2019 annexed hereto as “DGB 6”, subsequent to which the first respondent sought an indulgence to 14 November 2019 per its email communication of 11 November 2019 annexed hereto as “DGB 7”. The first respondent then finally gave a response by letter dated 13 November 2019 a copy of which is annexed hereto as “DGB 8”. The voters’ rolis which were the subject of your petitioners request communicated through his attorneys are of critical importance to this petition and he persists in his demand to be furnished therewith. There were four (4) parliamentary candidates representing BDP, UDC, and Real Altemative Party (RAP). This notwithstanding, the ballot paper included a symbol of a fifth candidate, depicted thereon as a gem diamond. This caused confusion amongst the voters. Your petitioner contends that the first respondent has failed to deliver in the constituency he contested for, a poll that was efficient, proper, free and fair, thus abdicating its Constitutional mandate. 7 62. Owing to the nature and magnitude of the fraud perpetrated and irregularities commitied as averred above, it would be difficult and even impossible for the Court to ascertain the rightful winner for the Bonnington North constituency. RELIEF SOUGHT 63. WHEREFORE your petitioner prays for an Order in the following terms: 63.1 directing that the second respondent was not duly elected and that no other person was or is entitled to be declared duly elected; 63.2 directing that the declaration made by the Returning Officer for the said elections to the effect that the second respondent was duly elected is null and void. 63.3 declaring that the Bonnington North constituency seat is vacant; 63.4 certifying to the President the vacancy of the constituency seat and the cause thereof; 63.5 directing that the first respondent pays the costs of this petition; 63.6 _ in the event the second respondent opposing this petition, directing ‘that she bear the costs together with the first respondent jointly and severally, the one paying the other to be absolved. Your petitioner humbly prays as ever and anon he shall. DATED AT GABORONE THIS 21™ NOVEMBER, 2019 DUMA GIDEON BOKO ETITIONER) clo BAYFORD & ASSOCIATES Broadhurst, Tshettha Crescent Plot 7104, P.O. Box 202283 Gaborone [DB/tmb/3442) TO: THE REGISTRAR OF THE HIGH COURT Private Bag 1 GABORONE AND TO: INDEPENDENT ELECTORAL COMMISSION (1*Respondent) GABORONE ANDTO: —ANNAH MOKGETHI (2"* Respondent) GABORONE BAYFORD & ASSOCIATES Attorneys, Notaries & Conveyancers Lot 7104, Tshetha Crescent, Broadhurst, P © Box 202283, GABORONE Tel: 3956877 Fax: 3956886 VAT REG NO 103529701112 Email: bayford@global.bw OUR REF: YOURREF: 43" November, 2019 Dr: Kaelo Molefhe ‘ DGR1’ URGENT HIGH COURT OF BOTSWANA CIVIL REGISTRY GABORONE GABORONE 22 NOV 2019 BY HAND Dear Sir, RE: ELECTION PETITION, GABORONE BONNINGTON NORTH CONSTITUENCY - DUMA GEDION BOKO vs. INDEPENDENT ELECTORAL COMMISION (IEC) AND ANNAH MOKGETHI We refer to the above matter and advise that we act on behalf of Mr. Boko aforesaid, whose instructions appear herein. Our client has instructed us to institute an election petition on his behalf in the High Court of Botswana complaining about the undue election of one Annah Mokgethi, who, on the 24" October 2019 was declared the victor in respect of the Gaborone Bonnington North Constituency elections in which you were also a candidate. In the intended petition, our client would seek inter alia the setting aside of the results of the said election by reason of numerous irregularities to: be fully traversed. In terms of the proviso to section 116 of the Electoral Act, a petitioner is required, before lodging a petition with the High Court, to afford every person, other than the victor, who was a candidate at the election to which the petition relates an opportunity of becoming a party to the petition as a co - petitioner. ‘B BAYFORD LLB (UB), & MASUKULLB (U2) K1. MASUKU LLB (U8) -2- By this letter, you are accordingly afforded the said opportunity. Kindly 5. indicate by return within two (2) days of receipt of this letter whether you want to avail yourself the opportunity of being joined as co - petitioner in the intended petition. If we do not hear from you then, we shall presume that you do not wish to be so joined and proceed with the petition without further reference to yourself. Yours lly BAYFORD & ASSOCIATES . + Per: Dick Bayford cc. client a BAYFORD & ASSOCIATES Attorneys, Notaries & Conveyancers Lot 7104, Tshettha Crescent, Broadhurst, P O Box 202283, GABORONE “Tel: 3956877 Fax: 3956886 Emall: bayford@global. bw VAT REG NO 103529701112 OLR REF: DB/tmb/o463 YOUR REF: - URGENT 13" November, 2019 Once ET Faankcin Mr. Clark Lerubisi = LGRUuBIS1 GABORONE eaek- bh ‘BY HAND * {fern eee 2017, : wer 12130 Dear Sir, Teaet | RE: ELECTION. PETITION, GABORONE BONNINGTON NORTH CONSTITUENCY - DUMA GEDION BOKO vs. INDEPENDENT ELECTORAL COMMISION (IEC) AND ANNAH MOKGETHI 1. We refer to the above matter and advise that we act on behalf of Mr. Boko aforesaid, whose instructions appear herein. 2. Ourclient has instructed us to institute an election petition on his behaf in the High Court of Botswana complaining about the undue election of one Annah Mokgethi, who, on the 24" October 2019 was declared the victor in respect of the Gaborone Bonnington North Constituency elections in which you were also a candidate. 3. __ In the intended petition, our client would seek inter alia the setting aside of the results of the said election by reason of numerous irregularities to be fully traversed. 4. In terms of the proviso to section 116 of the Electoral Act, a petitioner is required, before lodging a petition with the High Court, to afford every person, other than the victor, who was a candidate at the election to which the petition relates an opportunity of becoming a party to the petition as a co - petitioner. D BAYEORD LLB (UB), & MASUKU LLB (U2), KL MASUKU LLB (UB) -2- 5. By this letter, you are accordingly afforded the said opportunity. Kindly indicate by return within two (2) days of receipt of this letter whether you want to avail yourself the opportunity of being joined as co - pefitioner in the intended petition. If we do not hear from you then, we shall presume that you do not wish to be so joined and proceed with the petition without further reference to yourself. ol hfully BAYFORD & ASSOCIATES ‘Per: Dick Bayford cc. client ‘DGB3° BAYFORD & ASSOCIATES BAYFORD & ASSOCIATES P.O, Box 202283 RECEIVED Gaborone 15” November 2019 15 NOV 2019 Attention: Dick Bayford YOUR REF: DB/tmb/ 9463 RE: ELECTION PETITION, GABORONE BONNINGTON NORTH CONSTITUENCY — DUMA GIDEON BOKO vs. INDEPENDENT ELECTORAL COMMISSION (IEC) ANNAH MOKGETHI I hereby confirm to have received the letter conceming the above reference — matter from your company. I have read and comprehended the details of your letter and wish to declare that | have inclination to become a party to the petition as a co — petitioner as stated in your letter. However, | am of the strong opinion that in - order to be in support of the petition and joined as a co — petitioner, it is most proper that I be furnished with the petition so as to familiarize myself in full and be in content with the details of the petition. In light of the above, | look forward to be sent the details of the petition from your. company. Yours in revolfiphary politics, Attorneys, Notaries & Conveyancers roadhurst, P.O Box 202253 GABORONE i i Lot 7104, Tshetiha Crescer | ll Tel 3956877 Fax 3966886 VAT REG NO 103529701112 Email. bayford@giozal.bw 8 a (OUR REF: DB/tmb/9463 ‘YOUR REF: URGENT 2 a 21% November, 2019 4 bo bo T wan] lo CO OIN AS = SG 'Mr. Clark Lerubisi Co ft GABORONE . BY HAND oft Userder 2017 Dear Sir, RE: ELECTION PETITION, GABORONE BONNINGTON NORTH CONSTITUENCY - DUMA GEDION BOKO vs. INDEPENDENT ELECTORAL COMMISION (IEC) AND ANNAH MOKGETHI 4. We refer to the above matter and acknowledge your letter of the 15" November, 2019. 2. The proviso to section 116 of the Electoral Act, on the basis of which we addressed you vide our letter of the 13" November, 2019, does not require that a candidate (other than the victor) be fumished with: the petition. It provides that: * .. a petitioner shall before lodging his petition with the Registrar of the High Court, afford every person, other ihan the Member whose election or qualification is complained of ... ,who was a candidate at the election to which the petition relates an opportunity of becoming a party to the petition as a co petitioner.” 3. Be that as it may, we advise that in the intended petition our client would be raising the following complaints, that: 3.1 the second respondent has been unduly elected; 3.2 certain officials of the Botswana Democratic Party (BDP), engaged in corrupt or illegal practices to influence and distort the outcome of the election; 1D BAYEORD LLB (UB) § MASUKULLB (UE KI MASUKULLB (U8) 3.3 3.4 3.5 3.6 -2- the Directorate of Intelligence ‘and Sécurity Services (DISS) unlawfully aided and abetted the BOP ‘officials in “€xecuting the corrupt or illegal practices aforesgid; | certain officials of the Independent Electoral Commission (first respondent) unlawfully aided and abetted the BDP officials in executing the corrupt or illegal practices aforesaid; the roll that was used on the polling day was not the same as the ‘one certified by the Secretary of the first respondent; the first respondent contravened or permitted the contravention of the provisions of section 28 of the Act. 4. We advise that we shall be filing the petition on Friday 22" November 2019, as the last date for filing same in terms of the Act falls on Saturday 23° November, 2019. Our client's invitation to you to be joined as co — titioner still obtains. Yours aihfully BAYFORD & ASSOCIATES Per: Dick Bayford cc. client BAYFORD & ASSOCIATES Attorneys, Notaries & Conveyancers Lot 7104, TshetIna Crescent, Broadhurst, P O Box 202283, GABORONE ‘fet 3980877 Fax 3086886 a OUR REF: ce DGB URGENT 6" November, 2019 The Secretary | Independent Electoral Commission F 4 GABORONE 8-1-9300 wh SAB OROr 09-11-05 0 we} Re \Si3s i Dear Madam, ~ _ RE: 2019 ELECTIONS ROLLS 1. We act on behalf the Umbrella for Democratic Change (UDC), a political party which has registered with yourselves its symbol and voting colours for use in the recent general and local government elections. Our client contested the said elections held on 23" October, 2019 in all the constituencies and council wards. Our instructions follow herein. 2. As is their right, all candidates fielded by our client appointed polling agents for purposes of observing and safeguarding their interests during the conduct of the poll in their respective constituencies. 3. For purposes of carrying out their mandates, officials of the Independent Electoral Commission (IEC) availed each of the polling agents a copy of the elections voters’ roll to be used in the poll of the constituency they were assigned. Apart from the election rolls so availed, polling agents were not allowed to bring into the polling rooms any other documents, particularly note books on which they were to keep notes of important occurrences during the polling proceedings. ‘B BAYFORD LLB (UB), S MASURU LLB (UD, KL WASURU LLB (U8) It is common cause that the role of polling agents entails observation on behalf of their principals proceedings of conduct of the poll and to keep note of incidents during the poll which in their view amount to irregularities. They are to record any objections raised and the rulings of the presiding officers thereon. In addition, they are expected to highlight on working rolls at their disposal, objectionable voters, who, for what ever reason ought not to be permitted to vote. Owing to the fact that polling agents were not allowed to bring into the polling rooms any documents on which they were to keep such essential record germane to their mandates, many decided to use copies of the elections rolls availed them by officials from your office for this purpose. After close of the polls however, we are instructed that IEC officials seized from all polling agents, copies of all elections rolls previously availed them. This was systemically done in all constituencies. By so doing, the agents were deprived of vital record they had kept on said copies, rendering them unable to fumish their principals with reports of the election poll proceedings. Apart from whatever record each polling agent could have kept on the said roll, it is imperative that candidates satisfy themselves that the rolls that were used at the polls were in fact the ones that were certified by the IEC. This, they would not be able to do if their agents have been dispossessed of the rolls that were used during the polls. Our client is entitled in law to launch election petitions if so advised and such petitions are to be brought within 30 days after the day on which the result of the election was deciared. A proper advice on whether to bring an election petition or not depends on reports filed by polling agents. In the circumstances setout above, all UDC polling agents are hamstrung in furnishing the requisite reports. We have perused the Electoral Act and have not come across any provision authorising the IEC to seize working rolls from agents after the closure of the polls. In the circumstances, we are to demand that you avail us copies of all elections rolls seized from polling agents assigned by UDC candidates by close of business Thursday 7" November 2019, failing which we are instructed to approach the High Court on urgency for a mandatory interdict. ‘Yours faithfully, For Bayford % Associates » Per: Dick Bayford Client OTNoe 2019 1714, lec. Botswana 3905205 pet} DGB G Terepwone: 3612400 ‘Texeoaaus: _OITLHOPHO Fax: 3500501 3905205 3180880 ‘Tou. Free: 0500 600 710 vemales.oovba Ref: C/TEC 2/8/4 VI (32) 7 Novernber 2019 Dear Sir © Rez 2019 ELECTION ROLLS 1. Your DB/tmb/9447 of 6" November 2019 refers. 2. Please note that we are still collecting information on whether any rolls were indeed seized from polling agents in an endeavor to facilitate your request. 3. We will revert to you with our full findings by 12:00 noon tomorrow, Friday 8" November 2019. 4. Yours faithfully, sorsyhRAS page 2m} Breton Rs ptf gov bw! OWA aeiroRIPMLNORAERE. s o 2019 Election Rolls Dp G eB 7 Dintle Sparkie Rapoo ‘Sentt6 Nori 2938 0:00 Fee bmyereogoiaw Mr Bayford, We had wanted to provide you with full information by noon today but unfortunately we have not been able to secure all of it because it has become become necessary for us to source information from the lowest level. This involves getting information fromm all the 2200+ polling stations whose presiding officers are not readily available. ‘We will therfore be able to provide such information by end of busines on ‘Thursday 14th November 2019. Kind regards Dintle Sparkie RAPOO ‘Manager '- Election Affairs & Field Operations TEC- Botswana Te: #26736 12400 (58) 1267 3971 068 (DL) “Mobile: +267 72 395 279 Loft . 12018, 9:55 AN INDEPENDENT ELECTORAL COMMISSION Plot 63726, Acumen Park, Fairgrounds ‘Thorn Twin ‘ DGBS' TevepHone: 3612400 ‘and REPUBLIC oF BOTSWANA Ref: C/IEC 2/8/4 VI (39) 13" November 2019 Mr Dick Bayford » Bayford and Associates P.O Box 202283 Gaborone Dear Sir Re: 2019 ELECTION ROLLS 1. w We make a follow-up on our C/IEC 2/8/4/VI (32) of 7 November 2019, and our (Rapoo/Mrs Bayford) telephone conversation on the above captioned matter. . We have established that at the following constituencies; Chobe, Selebi Phikwe West, Sefare-Ramokgonami, Mahalapye East, Mahalapye West, Shoshong, Serowe North, Serowe West, Serowe South, Mochudi East, Mochudi West, Ramotswa, Mogoditshane, Gabane-Mmankgodi, Thamaga-Kumakwane, Kanye North, Kanye South, .Moshupa- Manyana and Kgalagadi North, no rolls were collected from the polling agents. In Selebi Phikwe East, only one polling station rolls were collected from polling agents and packaged together with the material that was delivered to the High Court. . In Ngami and Okavango Constituencies, the rolls at all polling stations were collected from agents and packaged together with the material delivered to the High Court. In Jwaneng-Mabutsane Constituency, the rolls at all polling stations were collected and packaged with miscellaneous materials delivered to the IEC Warehouse in Gaborone. . For the rest of the constituencies (with exception of the three Molepolole Constituencies and Tlokweng), rolls were collected from a fraction of the polling stations by the Presiding Officers and either all or some of them delivered either to the High Court, IEC Warehouse or the respective IEC offices. Constituencies which have some of their polling stations rolls readily available at the IEC offices are; Tati East, Tati West, Francistown East, Francistown South, Francistown West, . Nata-Gweta, Nkange, Bobonong, Mmadinare, Gaborone South, Mmathethe-Molapowabojang, and ‘Ghanzi South. ;. Note further that the rolls delivered to the High Court are out of bounds for the IEC and therefore, cannot be provided while those delivered to the Warehouse can be made available. You are therefore advised to send your polling agents to the respective IEC Offices to identify and collect their rolls, for those that were delivered to the offices. For those delivered to the IEC Warehouse, we request you to state the constituencies for which you will need their rolls, for us to be able to facilitate you. 6. We. undertake to provide information on the Molepolole and Tlokweng Constituencies within 24 hours from the date of this correspondence. 7. Please note that Presiding Officers who collected the rolls from the polling agents, did so, on their own wisdom because the electoral law does not prescribe the fate of such rolls. ‘Thank you. Yours faithfully, D. L. Serumula For/Secretary, TEC BOTSWA .. IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 4° RESPONDENT ANNAH MOKGETHI 2° RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) {filed on behalf of the petitioner) |, the undersigned, DUMA GIDEON BOKO. do hereby make Oath and state that: 1 Alll the facts deposad to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed. 2. [am an adult male of full legal capacity resident at Masetlheng, Tlokweng, an ‘Advocate of this Court and the Petitioner in this matter. 3. | swear positively tc the facts contained in the above cited petition and | verify each and every averment deposed to therein relative to my involvement in this,” matter, as being true and correct. THUS DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE THIS DAY OF NOVEMBER 2019, AT...{3.2.22. ANPM, THE DEPONENT HA\ ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTE! HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT HE CONSIDERS THE OATH BINDING ON HIS CONSCIENCE. COURT OF BOTSWANA, FISH NIL REGISTRY ‘GABORONE COMMISSIONER OF OATHS DESIGNATION: OLIMILE G. MANCHWE ATTORNEY AT LAW COMMISSIONER OF OATHS IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 48" RESPONDENT ANNAH MOKGETHI 2° RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) GABORONE 22 NOV 2019 |, the undersigned, MOEMEDI DENNIS BAIKALAFI do hereby make Oath and state that: 1, Alll the facts deposed to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed. 2 Lam: 241 an adult self employed male of full legal capacity resident at Gaborone and the Managing Director of Even Life Holdings (Pty) Ltd; 2.2 a member of the Botswana Democratic Party (BDP) Communications ‘Support Sub Committee. 3. | have read the petition of Duma Gideon Boko filed in the above cited matter. 1 ‘Swear positively to the facts contained therein to the extent that they relate to my involvement in the matter and | verify each and every averment deposed to therein in this regard as being true and correct. 4 DEPONENT GABLONE ” THUS/DONE, SWORN TO AND SIGNED BEFORE ME AT JOHANNESBURG THIS on Bh DAY OF NOVEMBER 2019, AT...4.2.230. . AMIPM, THE DEPONENT nO HAVII ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE {7 CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT HE CONSIDERS THE OATH BINDING ON HIS CONSCIENCE. ISSIONER OF OATHS OLIMIRE G. MANCHWE ‘ATTORNEY AT LAW COMMISSIONER OF OATHS IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 45" RESPONDENT ANNAH MOKGETHI 2"° RESPONDENT VERIFYING AFFIDAVIT {Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) |, the undersigned, OARABILE KETHABILE KOKETSO do hereby make Oath and state that 1. All the facts deposed to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed 2. | am an adult female of full legal capacity resident at Gaborone. | am unemployed. | was appointed as a polling agent at Itumeleng Polling Station in the Bonnington North Constituency on behalf of the petitioner during the parliamentary elections held on 23° October 2019. 3. | have read the petition of Duma Gideon Boko filed in the above cited matter. | swear positively to the facts contained therein to the extent that they relate to my involvement in the matter as a poling agent and I verify each and every averment deposed to therein in this regard as being true and correct. DEPONENT THUS, DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE THIS Khon. DAY OF NOVEMBER 2019, AT..L4.rA-@..v10s. ANHPM, THE DEPONENT HAVING ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT HE CONSIDERS THE OATH BINDING ON HIS CONSCIENCE. SOURT OF BOTSWANA HIGH VIL REGISTRY GABORONE 2ZNOV 2018 [POCUMENTS RECE! time 2 ISSIONER OF OATHS OLIMILE G. Manc) _ Hw ATTORNEY aT Law. COMMISSIONER oF. OATHS IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 48" RESPONDENT ANNAH MOKGETHI 2° RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) |, the undersigned, MOSEGOFATS! MHUTSIWA do hereby make Oath end state that: 1. All the facts deposed to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed. 2. | am an adult female of full legal capacity resident at Gaborone. | am unemployed. | was appointed as a polling agent at Potters House in Tlogatioga Ward Polling Station in the Bonnington North Constituency on behalf of the petitioner during the parliamentary elections held on 23° October 2019. 3. I have read the petition of Duma Gideon Boko filed in the above cited matter. | ‘swear positively to the facts contained therein to the extent that they relate to my involvement in the matter as a poling agent and I verify each and every averment deposed to therein in this regard as being true and correct. setts THUS, DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE THIS .. DAY OF NOVEMBER 2019, AT../4:../.2........M#PM, THE DEPONENT inane ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT HE CONSIDERS THE OATH BINDING ON HIS CONSCIENCE. HIGH COURT OF BOTSWANA. CIVIL REGIETRY GABORONE 22 NOV 2019 DOCUMENTS RECENY OLIHILE G. MANCHWE ATTORNEY AT LAW GOMMISSIONER OF OATHS IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 18" RESPONDENT ANNAH MOKGETHI 2" RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) |, the undersigned, KELETSO MOHUTSIWA. do hereby make Oath and state that: 1. All the facts deposed to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed. 2, 1 am an adult female of full legal capacity resident at Gaborone. 1 am unemployed. | was appointed as a polling agent at Tlogatioga Ward Polling ‘Station in the Bonnington North Constituency on behalf of the petitioner during the parliamentary elections held on 23° October 2019. 3. Ihave read the petition of Duma Gideon Boko filed in the above cited matter. | ‘swear positively to the facts contained therein to the extent that they relate to my involvement in the matter as a poling agent and | verify each and every averment deposed to therein in this regard as being true and correct. Br DEPONENT THUS DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE THIS DAY OF NOVEMBER 2019, AT..L4#:. “AM/PM, THE DEPONENT ACKNOWLEDGED THAT SHE KNO\ IND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT SHE CONSIDERS THE OATH BINDING ON HER CONSCIENCE. BOTSWANA HIGH COURT OF Crvit REGISTRY SSIONER OF OATHS ‘GABOR’ LLNOV 2018 OLIHILE G. MANCHWE ‘ATTORNEY AT LAW COMMISSIONER OF OATHS pocumentSREGE IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 48" RESPONDENT ANNAH MOKGETHI 2"° RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) 1, the undersigned, THELMA BANYANA MOLOME do hereby make Oath and state that: 1 All the facts deposed to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed. 2. | am an adult female of full legal capacity resident at Gaborone. | am unemployed. | was appointed as a polling agent at Bosele Ward Polling Station in the Bonnington North Constituency on behalf of the peiiioner during the parliamentary elections held on 23" October 2019. 3. _ have read the petition of Duma Gideon Boko filed in the above cited matter. | swear positively to the facts contained therein to the extent that they relate to my involvement in the matter as a poling agent and | verify each end every averment deposed to therein in this regard as being true and correct. poe’ DEPONENT THUS DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE THIS Br. DAY OF NOVEMBER 2019, AT.../4::2.9.Ar5... ANYPM, THE DEPONENT ACKNOWLEDGED THAT SHE KN AND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT SHE CONSIDERS THE OATH BINDING ON HER CONSCIENCE, SIONER OF OATHS HIGH COURT OF BOTSWANA. oe REGISTRY |ABORONE OUMIEE G. MANCHWE 22 NOV 2019 ‘ATTORNEY AT Law DOCUMENTS RECEIVED, COMMISSIONER OF OATHS A IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 48" RESPONDENT ANNAH MOKGETHI 2° RESPONDENT LIST OF PROPOSED SURETIES {Section 118 Electoral Act) BE PLEASED TO TAKE NOTICE that the Petitioner in the above cited election petition hereby proposes all or some of the following persons to be his surety or sureties as the Registrar may direct: 1 Michael Keakopa Plot 55625 Phakalane P 0 Box 2590 GABORONE 2. Kagiso Calvin Thutlwe Plot 175 Extension 5, Gaborone P.O Box 40340 GABORONE 3. Kealeboga Pikinini Plot No. 5611, Tlokweng PO Box 502286 GABORONE SWANA OURT OF BOTS! HIGH COURT OF Sry GABORONE . 4. Justin Hunyepa Plot No. 257716 Block 9, Gaborone P.O Box 602387 GABORONE ZLNOV 2018 DATED AT GABORONE THIS 215" DAY OF NOVEMBER 2019 BAYFORD & ASSOCIATES (Petitioner’s Attorneys) Broadhurst, Tshetiha Crescent Plot 7104, Broadhurst HIGH COURT OF BOTSWANA CIVIL REGISTRY P.O Box 202283 GABORONE GABORONE 2ZNOV 2019 DOCUMENTS RECEIVED To: AND TO: AND TO: THE REGISTRAR High Court Private Bag 00220 GABORONE INDEPENDENT ELECTORAL COMMISSION (1 Respondent) GABORONE ANNAH MOKGETHI (2 Respondent) GABORONE IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 1°" RESPONDENT ANNAH MOKGETHI 2° RESPONDENT DRAFT RECOGNIZANCE IN TERMS OF SECTION 116 (e) OF ELECTORAL ACT WHEREAS Duma Gideon Boko of Masetlheng Ward, Tlokweng filed an election petition against, THE INDEPENDENT ELECTORAL COMMISSION (1*Respondent) and Annah Mokgethi (2" Respondent); AND WHEREAS the Petitioner is required to furnish security to an amount fixed by the Registrar for payment of all costs, charges and expenses that may become payable by him; AND WHEREAS the Registrar has fixed such security at P.. NOW THEREFORE BY VIRTUE OF THESE PRESENTS, | Duma Gideon Boko of Masetlheng Ward, Tlokweng in my capacity as the Petitioner do hereby irrevocably bind myself as principal cebtor for all legal costs, expenses and charges which may be suffered by the Respondents and witnesses as a result of dismissal of the petition | have lodged with this Court in the above cited case and thereupon ordered by the Court to pay the Respondents’ costs, witnesses’ expenses and other charges, provided that the maximum sum claimable under this Recognizance shall be to the maximum amount of P. | undertake to pay on first demand by the Registrar of the High Court all and any amounts which may become payable by me to the Respondents and witnesses arising from any order by the High Court of Botswana which amount does not exceed P. 1 as costs, other related expenses and charges. This Recognizance is entered into and executed under renunciation of the legal exception and benefits ordinis excussions seu divisions with the full meaning and effect of which | acknowledge myseff to be familiar. 4 COURT OF BOTSWANA Het eeNIL REGISTRY GABORONE . TZ NOV 2019 TS RECED DOcUMEN' eet) TIME as DATED AT GABORONE THIS .......... DAY OF NOVEMBER 2019 DUMA GIDEON BOKO Clo Bayford & Associates Plot 7104, Tshetlha Crescent, Broadhurst, Gaborone P 0 Box 202283, GABORONE AS WITNESSES; IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 18 RESPONDENT ANNAH MOKGETHI 28° RESPONDENT DRAFT SURETY BOND FOR COSTS (section 117 (e) Electoral Act) TAKE NOTICE THAT | . sss do hereby irrevocably bind myself as surety and co-principal debtor for the legal costs, expenses and charges which may be suffered by the Respondents and witnesses as a result of the Petitioner not succeeding in his petition in the above cited matter and thereupon ordered by the High Court of Botswana to pay the Respondents’ (and witnesses’) costs, expenses and charges of this petition, provided that the maximum sum claimable under this bond shall be to the maximum amount of P.. | undertake on behalf of the Petitioner to pay on first demand by the Registrar of the High Court, all and any amounts which may become payable by the Petitioner to the Respondents arising from any order by the Court which amount does not exceed P.sseeeeeae 28 COStS, Charges and expenses. This Bond is entered into end executed under renunciation of the legal exception and benefits ordinis excussions seu divisions with the full meaning and effect of which | acknowledge myself to be familiar. DATED AT GABORONE THIS DAY OF NOVEMBER 2019 (SURETY) AS WITNESSES; 1 2 HIGH COURT OF BOTSWANA CIVIL REGISTRY ONE + To: THE REGISTRAR OF HIGH COURT GABOR GABORONE 22 NOV 2019 Sa) DOCUMENTS RECEIVE poe IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: DUMA GIDEON BOKO PETITIONER And INDEPENDENT ELECTORAL COMMISSION 1" RESPONDENT ANNAH MOKGETHI 2"° RESPONDENT NOTICE OF SET DOWN (Assessment of Security for Costs) (Section 117 (e) of the Electoral Act) BE PLEASED TO TAKE NOTICE that the above matter is Set Down for Hearing before the above Honourable Court on the day of November, 2019 at 0930 hours or soon thereafter as Counsel may be heard. DATED AT GABORONE THIS DAY OF NOVEMBER 2019 BAYFORD & ASSOCIATES (Petitioner's Attorneys) Broadhurst, Tshetiha Crescent Plot 7104, Broadhurst P.O Box 202283 GABORONE To: THE REGISTRAR High Court Private Bag 00220 GABORONE AND TO: — INDEPENDENT ELECTORAL COMMISSION (1* Respondent) GABORONE IANA COURT OF BOTS) Mev. REGISTRY AND TO: ANNAH MOKGETHI GABORONE (2 Respondent) Nov 208 GABORONE 22 DOCUMENTS RECEIVED