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ied [aabaone| THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT GABORONE P 1, 7 Case Nal AAMC OO0BBU= Loy In the matter between: } RAMAOTWANA NELSON RAMAOTWANA PETITIONER And INDEPENDENT ELECTORAL COMMISSION 45" RESPONDENT MESHACK DUMEZWENI MTHINKHULU 28° RESPONDENT FILING NOTICE FIND FILED HEREWITH: 1. Powerof Attomey 2. Petition 3. Verifying Affidavit - Ramaotwana Nelson Ramaotwana - Moemedi Dennis Baikalefi - Jacqueline Keanole Ramotsoropane - Coline Morake - ‘Thebeetsile Ntwayamodimo - Gorataone One Sebolai - Kabelo Moagi Kabelo List of proposed sureties Draft Recognisance (section 117(e) Electoral Act) Draft Surety Bond (section 117 () Electoral Act) Oar Zine DATED AT GABORONE THIS. DAY OF NOVEMBER 20: Ean ) BAYFORD & ASSOCIATES Applicant's Attorneys Lot 7104, Tshetha Crescent Broadhurst P.O, Box 202283 GABORONE TO: THE REGISTRAR High Court Private Bag 0220 GABORONE Recerveel By Bs Pe wy AND To: AND To: INDEPENDENT ELECTORAL COMMISSION (1 Respondent) GABORONE MESHACK DUMIZWENI MTHINKHULU (2™ Respondent) GABORONE ‘SPECIAL POWER TO SUE AND DEFEND IN THE HIGH COURT OF BOTSWANA In the matter between: RAMAOTWANA NELSON RAMAOTWANA And | 20 Qe SuSeene pocUMe | sie spss aes INDEPENDENT ELECTORAL COMMISSION "#845" RESPONDENT MESHACK DUMIZWENI MTHINKHULU 2! RESPONDENT I, the undersigned: RAMAOTWANA NELSON RAMAOTWANA 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 Mboki M. Chilisa or any attorney in the employ of Bayford & Associates or Monthe Marumo Attorneys or Toteng & Company or Otto. Itumeleng Law Chambers or Kambai Attorneys or Collins Chilisa Consultants 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: 1.1Declaring that votes were polled by persons who were not bona fide electors thereby casting doubt on the integrity of the votes counted for the candidate declared elected. 1.2Declaring that the elections held on the 23% October 2019 for the Gaborone South Constituency were not conducted in accordance with the body of the Electoral Act (Cap. 02:09). 1.3 Directing that the second respondent was not duly elected in the 2019 Parliamentary elections for Gaborone South Constituency and that no other person was or is entitled to be declared duly elected; 1.4 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; Km hw 4 7 1.5 Declaring that the Gaborone South parliamentary seat is vacant; 1.6 Certifying to the President the vacancy of the Gaborone South parliamentary seat and the cause thereof; 1.7 Directing that the first respondent pays the costs of this petition; 1.8 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; 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. at Given under my hand at Gaborone this -2/” day of November, 2019 in the presence of the undersigned witnesse: DEPONENT WITNESSES: IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO... In the matter between: [et cor L And INDEPENDENT ELECTORAL COMMISSION 4°" RESPONDENT MESHACK DUMIZWENI MTHINKHULU. 2"? RESPONDENT PETITION This petition humbly showeth that: Your petitioner is Ramaotwana Nelson Ramaotwana, a Motswana adult male of full legal capacity resident at Phase 4, Gaborone, an Officer of this Court and other courts of Botswana, whose address for purposes of this petition is c/o Bayford & Associates, PO Box 202283; Plot 7104 Tshettha Crescent, Broadhurst, Gaborone. Your petitioner was a candidate in the 2019 Parliamentary elections for the Gaborone South 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 three (3) other candidates, to wit: 3.1. the second respondent, Meshack Dumizweni Mthinkhulu, who contested on behalf of Botswana Democratic Party (BDP). He is a married man of full legal capacity resident in Gaborone, presently an Assistant Minister of Presidential Affairs, Gaborone and Public CNL ‘Administration whose further particulars are to me unknown, The second respondent was on 24" October, 2019 declared the winner of the elections; 3.2. Mr. Oarabile Mafunga, 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 Alliance for the Progressive (hereinafter referred to as AP); 3.3. Ms Bagaisi Mabilo, a female adult of full legal capacity resident in Gaborone, whose further particulars are to me unknown. He contested the elections on behalf of a party called Botswana Movement for Democracy (BMD). 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, Mr. Oarabile Mafunga and Ms Bagaisi Mabilo 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 “NR 1” and “NR 2”. 4.1 Ms Bagaisi Mabilo has not signified any desire to be joined in this petition as co - petitioner. 4.2 Mr. Oarabile Mafunga is supportive of the action taken but for the costs associated with petitioning the results he would not become a co-petitioner. However, he has no problem in giving evidence during the trial of the petition. 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 and begets credible outcome. The second Respondent is Meshack Dumizweni Mthinkhulu whose particulars are as setout above and who was declared the winner of the said elections by the first respondent. LN 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 On the 23° October 2019, Parliamentary elections were held in the Gaborone South 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. The elections were contested by Botswana Democratic Partly (BDP), represented by the second respondent; the Alliance of Progressives (AP) represented by Mr. Oabile Mafunga; Botswana Movement for Democracy (BMD) represented by Ms. Bagaisi Mabillo 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 Meshack D. Mthinkhulu (BDP) 6066 10.2. Oabile Mafunga (AP) 413 10.3 Bagaisi Mabilo (BMD) 68 10.4 Your petitioner (UDC) 4761 10.8 Spoilt 96 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 One Thousand Three hundred and Five (1305) votes. hak PARTICULARS OF THE IRREGULARITY COMPLAINED OF 12, Your petitioner complains that: 12.4 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 the second respondent has been unduly elected; the first respondent and/or her agents or servants contravened or permitted the contravention of the provisions of section 28 of the Act; the 1° Respondent and/or her agents contravened or permitted the contravention of section 31(2) of the Electoral Act of Botswana; the 1* Respondent and/or her agents contravened or permitted the contravention of section 52 (b) of the Act, thereby omitting to write your petitioner's names accurately at Tshiamo Primary School Polling Station; the 1® Respondent and/or her agents contravened or permitted the contravention of section 54(b)(i) as read with §4(c)(i) & (Ii) of the Act. the 1* Respondent and/or her agents contravened or permitted the contravention of the Act by procuring ballots papers at Government Printing and Publishing Services, which ballot papers were unlawful used fo the benefit of the 2" Respondent and same tainted or distorted the outcome of the elections certain officials of the Botswana Democratic Party (BDP), whose full particulars appear hereinunder, engaged in corrupt or illegal practices to influence or aid, or abet, or counseled, or procured and same distorted 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 LK executing the corrupt or illegal practices aforesaid; 12.10 the roll that was used on the polling day was not the same as the one certified by the Secretary of the first respondent; 12.11 The election results were indeterminate as there could not tally at Selemela ward, Bontleng Ward, Babusi Ward and Naledi North ward due to multiple-jvoting and use of illegal ballot papers printed at Government Printing and Publishing Services. In proof of the complaints alleged to above, your petitioner shall at the hearing of this petition lead evidence from a whistleblower, Moemedi Dennis Baikalafi (Mr. Baikalafi), whose particulars are as follows: 43.1. an adult self employed man of full legal capacity resident in Gaborone; 13.2 the Managing Director of Even Life Holdings (Pty) Ltd; 13.3. member of the Botswana Democratic Party (‘BDP’) Communications Support Sub-Committee. 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 Intemational Relations Mr. Kagelelo Banks Kentse (Mr. Kentse). On 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 concer 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 hil Be 17. 18. 19. 20. 21. companies’ to be used for money laundering purposes. An unspecified amount of money was to be transferred from a ‘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. Balopi, 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. The meeting resolved that Mr. Balopi in his capacity as the Secretary General would be the over-arching coordinator of implementation of the pian 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 Kh 22. 23. 24. 25. 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 turn up personally 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; 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 South Constituency is over One thousand Five Hundred, which would account for at least three thousand votes ascribed to the second respondent and resulting in him being declared the winner. 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 26. 27. 28. 29. 30. 31. 32. 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 his or her own voter registration books and was 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’. 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. 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. 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 RAF 33. 34, 35. 36, 37, 38. 39. 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. From the 19" of October 2019 to the 21* October 2019, Dr. Masisi, Mr. Balopi, Brigadier Magosi and others went on a ‘tour 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. 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. Ait te 40. a 42. 43, 45. 46. 47. 10 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 Gaborone South, Kanye South, Mogoditshane and Tlokweng constituencies. In all these constituencies, the mode of election cheating was as tabulated above. 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. All the averments made at paragraphs to 13 to 43 above, inclusively stems from what Mr. Balkalafi 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, There were six (6) polling district comprising 22 polling stations in the Gaborone South Constituency, viz: Selemela Ward, Bontleng Ward, Babusi Ward, Naledi North ward, Naledi Central ward and Naledi South ward. Your petitioner had assigned two (2) polling agents at each of the said 22 polling stations. In addition, your petitioner appointed Dorcus Motlapele Oboetswe an election agent for Gaborone South in terms of section 82 of the Act. The averments that follow herein, of what transpired at the said polling stations derives from what the polling agents verily informed your Petitioner, together with information from voters who were affected by the illegal acts 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. KiB 48. 49. 50. 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. For instance, a certain Gorataone One Sebolai, voted at Therisanyo Primary School polling station twice. She voted first at stream 3 (being section C) where her names were not in the election roll. She went away and later was called to come and vote at stream 4 (being section D) were her names appeared in the election roll. She was aided or abetted or counseled by Kabelo Mosweu (a BDP operative and member of the campaign team for Gaborone South) at the gate. Kabelo Mosweu escorted her to jump a long queue and delivered her at section c voting station, whereat an agent of the 1 Respondent pasted a white sticker bearing number 108C on her voter registration card The following are some of the voters recorded by Coline Morake (petitioner's polling agent at section C of Therisanyo Primary School Polling Station) which voters did not appear on the election roll for at section C (stream 3) thereof contrary to section 54(b)(i) & (e)(ii) of the Act: a) Mmolawa mpho b) Mautle Thalefang Omphile Mmereki Matshwenyego d) Pilane Thato Mosetheng Thabang f) Kupane Andrew g) Ramathudi Lucky h) Letshotelo Letsholo i) Robert Omphile i) Monene Kgosietsile k) Mangena Emmy Chike }) Gorata One Sebolai m) Malefo Gilly 2 © AMOK 51 52. 53. 55. 12 n) Maswabi Mmathebe ©) Motingwa Tabona p) Ramakukumara Olefile @) Motingwa Taolo 1) Masilo David s) Khumoetsile Ramatsuru - In terms of the ticks on the election roll used for section C (Stream 3) aforesaid marks make on the polling agent copy indicate that 347 votes were recorded whilst the Independent Elections Commission (hereinafter called IEC) verification sheet recorded 587 votes, a difference of 240 votes. The election roll for stream 3 for Therisanyo Primary school is bulk and due to timeframe, it will be discovered in the course of time. The results did not tally in a number of polling stations. The verification tally at the Counting Centre recorded 11, 384 votes cast whilst total number of Parliamentary results were 11, 404 computed as follows: 6066 (BDP), 4761 (UDC), 413 (AP), 68(BMD) and 96(Spoilt). The indeterminacy worsens if we subtract 240 (being voters who voted contrary to section 54 aforesaid) from stream 3 at Therisanyo Polling Station. It worsens again when we subtract 29 missing votes at Babusi Community Hall. Another. 19 votes in excess were recorded at Bontleng Community Hall and Bontleng Day care Centre. At Selemela Ward the total votes could not tally by 31 votes. Taking into consideration averments of Mr Baikalafi that other thousands of votes were generated with the help of IEC officials, the elections outcome become more indeterminate. Mr Thebeetsile Ntwayamodimo saw an agent of the 1 Respondent at Naledi Brigade polling stations marking the election roll after voting had been closed. ‘Some prospective voters were reflected as rejected by IEC officials. For Jacquiline Keanole Ramotsoropana registered once at Bontleng Community Hell appeared at Glen Valley without her knowledge. Upon inquiring at IEC on the 22" October 2019, it was confirmed that the Particulars on the Glen valley card were different from the one at Bontleng ward. It also turned out even the signature on the Glen Valley card were forged by person unknown to her. Many voters in the same situation like Jacquiline were returned at the polling stations Ria h&R 56. 57. 58. 59. 60. 61 62. 13 During counting of ballot papers at Babusi Community hall which was counting centre for parliamentary seat, it became apparent that were many illegal ballot papers in favour of the 2" Respondent. Your.petitioner embarked on extensive investigations and discovered that the aforesaid illegal ballot papers were printed at Government Printing and Publishing services. The aforesaid illegal ballot papers were designed by Neo Montshiwa an employee of the Botswana Government working under Information technology department at Government Printing and Publishing Services. Mr Montshiwa is an innocent soul and did not know that the said ballot Papers he designed, proof-read by Dintle Rapoo, printed and bound by Government Printing and Publishing Services were illegal ballots. Copies of the said Neo Montshiwa designing the said illegal ballot papers and a specimen approved for printing by the 1% Respondent and/or its agents are annexed hereto and marked NR3 and NRé4 respectively. Your petitioner confronted a certain Kabelo Moagi Kabelo with annexures NR3 and NR4. Initially, the said kabelo was jittery and evasive. | continued to interrogate him about annexures NR3 & 4 above, until he admitted that indeed Mr Neo Montshiwa designed ballot papers for all 57 constituencies including 490 local Government for both Parliamentary and council candidates. After getting the manner in which illegal ballot papers were procured your petitioner wrote to the 1* Respondent seeking clarification on where ballot Papers and voters roll for 23 October 2019 general elections were Produced. A copy of your petitioner's letter particular paragraph 5(c) written to the 1° Respondent is annexed hereto and marked NRS. 1 Respondent replied through NR6. In response, the 1* Respondent informed your petitioner that ballot papers were designed and printed by a company called Ren- Form cc in Johannesburg, South Africa as per paragraph 4 of annexure NR9. Your petitioner polling agents at Tshiamo Polling Station, protested the conduct of the Election Officers at the Polling Station, and her remonstrations were against: Rol A 66. 67. 68. 69. 70. 15 To date the said Principal Elections Officer has neglected or refused upon several request to avail same to the Petitioner the said election rolls. Your petitioner also wrote addendum herein marked NR8. The petitioner got response to NR8 on the 19" November 2019 herein marked NR9. There were four (4) parliamentary candidates representing BDP, UDC, and BMD, this notwithstanding, the names of your petitioner were wrongly typed. This caused confusion amongst the voters. Your petitioner contends that the first respondent has failed to deliver in the constituency he contested for parliamentary elections, a poll that was efficient, proper, free and fair and credible, thus abdicating its Constitutional mandate. Owing to the nature and magnitude of the fraud perpetrated and itregularities committed as averred above, it would be difficult and even impossible for the Court to ascertain the rightful winner for the Gaborone South constituency. RELIEF SOUGHT 71. WHEREFORE your petitioner prays for an Order in the following terms: 71.1 Declaring that the elections held on 23" October 2019 at Gaborone ‘South were not conducted in accordance with the provisions of the Electoral Act or alternatively, same irregularities affected the results thereof. 71.2. directing that the second respondent was not duly elected and that no other person was or is entitled to be declared duly elected; 71.3 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. 71.4 declaring that the Gaborone South constituency seat is vacant; font 71.5 certifying to the President the vacancy of the constituency seat and declaring that the Gaborone South constituency seat is vacant; 71.6 certifying to the President the vacancy of the constituency seat and 71.7 directing that the first respondent pays the costs of this petition; 71.8 in the event the second respondent opposing this petition, directing that she bears 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 20™ NOVEMBER, 2019 RAMAOTWANA NELSON RAMAOTWANA (PETITIONER) clo BAYFORD & ASSOCIATES Broadhurst, Tshetiha Crescent Plot 7104, P.O. Box 202283 Gaborone [DB/tmb/9442} To: THE REGISTRAR OF THE HIGH COURT Private Bag 0020 GABORONE AND TO: INDEPENDENT ELECTORAL COMMISSION (1 Respondent) GABORONE AND TO: —MESHACK DUMIZWEN! MTHINKHULU (2™ Respondent) GABORONE OUR REF YOuR REF VAT REG NO 103529701112 Email vayfora@giobal bw NRL BAYFORD & ASSOCIATES Te! 3966877 DB/tmb/9460 URGENT 11" November, 2019 Ms. Bagaisi Mabilo GABORONE BY HAND Dear Sir, RE: ELECTION PETITION, GABORONE SOUTH CONSTITUENCY — RAMAOTWANA NELSON RAMAOTWANA vs. INDEPENDENT ELECTORAL COMMISION (IEC) AND MESHACK DUMIZWENI MTHIMKHULU We refer to the above matter and advise that we act on behalf of Mr. Ramaotwana 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 Mr. Mthimkhulu, who, on the 24" October 2019 was declared the victor in respect of the Gaborone South Constituency election 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. 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 - 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 faithfully BAYFORD & ASSOCIATES Per: Dick\Bayford ce. client Lecetve d by Baapist Rabilo \_ t2}i]2o14 OUR REF YOUR REF BAYFORD & ASSOCIATES Attorneys, Notaries & Conveyancers Lot 7124 Ten A PRONE DB/tmb/9460 URGENT 11" November, 2019 Mr. Oabile Mafunga GABORONE BY HAND Dear Sir, ELECTION PETITION, GABORONE SOUTH CONSTITUENCY — RAMAOTWANA NELSON RAMAOTWANA vs. INDEPENDENT ELECTORAL COMMISION (IEC) AND MESHACK DUMIZWENI MTHIMKHULU We refer to the above matter and advise that we act on behalf of Mr. Ramaotwana 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 ‘Mr. Mthimkhulu, who, on the 24" October 2019 was declared the victor in respect of the Gaborone South Constituency election 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. -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 - 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 faithfully BAYFORD & ASSOCIATES Per: Dick Bayford ce. client hhece re : 'Bfuporg Tse oq toe DAVE WH AR 4 j 1 Hl = 7 pLor: 23781‘ t \ PHASE 4 , Ramaotwana Attorneys roe ‘ATTORNEYS NOTARIES &COWETANCERS » sancnomtoorswasia - 7 ‘TELIFAX: 3145294 : _ OFFICE: + (267) 74089462 a Emailinramaotwanadyahoo.com Records Management unit Human Resource 2oig -11- 08 F JUSTICE ie 6 November 2019 Our Ref: NR/nr/Ram1 (1) Your Ref: ADMINISTRATION OF GABOR’ To: THE SECRETARY Independent Electoral Commission Gaborone Re: REQUEST FOR BALLOT PAPER ACCOUNTS- FORM U_AND OTHER ELECTION MATERIAL 1. I stood for election as a Parliamentary Candidate for Gaborone South under the banner of Umbrella for Democratic Change (UDC). 2. I hereby request ballot paper accounts for all the 24 polling stations in Gaborone South. The request relates to ballot paper accounts (Form U) for both Council candidates and Parliamentary ballot paper accounts for all six wards. 3. The foregoing request is premised on section 72 of the Electoral Act (Cap. 02:09). 4. 1am informed by my Counting agents that the Returning Officer failed to provide them with Form T thereby contravening section 70(5) of the Electoral Act. 5, Kindly further avail Form T to me which contains results for all the six wards in Gaborone South. 6. Upon requesting my polling agents to avail to me voters’ rolls that they were using on the 23 October 2019, they told me that presiding officers demanded same by force from them and finally surrendered. NELSON RAMAOTWANA LLB (UB) LLM (SAY 7. I kindly request your esteemed office to return and avail to me copies of the voters’ Rolls which my Polling Agents were using in all the 24 polling stations in Gaboronc South. 8. On the 10% October 2019, I personally requested particulars and the number of voters who transferred into Gaborone South and same was not avail to me. Kindly avail the names and summary of the number of voters whe transferred into Gaborone South prior to the 23 October 2019. 9. I hereby request the above requested documents to be availed to me on or before 2pm on the 8 November 2019. 10. Thope my request will be favourably considered. ramaotwana70@email.com Cell: +267-75626568 ‘The Registrar & Master of the High Court yetron! Doss NELSON RAMAOTWANA LLB (UB) LL (SA) "N (" . INDEPENDENT ELECTORAL. COMMISSION Plot 63726, Acumen Park, Fairgrounds {betwoen Grant Thornton and Twin ‘Towors Offices) ‘Tevephowe: 3612400 ‘Teuecraus: DITLHOPHO Fax: 3800581/ 3805205 / 3190809 Evvate Bay 0004 Tou FREE: 0800 600 710 Gaborone. wunwiee.cov.bw BOTSWANA Ref: C/IEC 2/8/4 VI (35) i a Mr Nelson Ramaotwana Ramaotwana Attorneys -. P.O Box 20580 Bontleng . Gaborone a Dear Sir Re: REQUEST FOR BALLOT PAPER ACCOUNTS — FORM U AND OTHER ELECTION MATERIAL 1. We acknowledge receipt of your NR/nr/Ram1 (1) of 6 November 2019, on the above captioned mater, which we received on 8" November 2019 at 10:00 hours. 2. In view of the tight notice given, we are still considering the requests made. We will be able to revert to you with our full findings by 14:00 hours on Tuesday 12% November 2019. 3. We thank you. Yours faithfully, D. L. Serumula Acting Secretary, IEC RECEIVED By; reeneoerd oe ATTORNEYS INDEPENDENT ELECTORAL COMMISSION Plot 63726, Acumen Park, Fairgrounds (between Grant Thornton and Twin ‘Towers Offices) Privato Bag 00284 Gaborone BOTSWANA Ref: C/IEC 2/8/4 VI (41) Mr. Nelson Ramaotwana Ramaotwana Attorneys P O Box 20580 Bontleng Gaborone Dear Sir Repuatic oF BOTSWANA HP IANR OE Tetepnone: 3612400 TeteGraMs: DITLHOPHO Fx: 3900581! 3905208 / 3190889 Tou FREE: 0800 600 710 ‘wanwiec.cov.bw, 19" November 2019 Re: REQUEST FOR FURTHER INFORMATION . Our letter Ref: C/IEC 2/8/4 VI (37) of 11 November 2019 and yours Ref: NR/ni/Ram 1 (2) of 15" November 2019, on the subject matter above refer. In relation to your request for voters rolls used by your polling agents (your letter Ref NR/nr/Ramt (1) dated 6" Nov, 2019), we had advised that they are available at the office of the Principal Elections Officer in Gaborone (District Commissioner's — Offices at Village) and therefore, you may send your polling agents to identify and collect them. Voters in the 2019 voters’ roll were rejected on account of: a. being under age; that is if the voter had not reached voting age of 18yrs at the time of registration b. national identity number not existing c. voter already registered d. when names provided differed with names on the voter's Omang card. . Kindly note that ballot papers which were used for the 23 October 2019 General Elections were printed by REN-FORM cc in Johannesburg, South Africa. Voters rolls were printed by Government Printing and Publishing Services in Gaborone, Botswana. . Please note that in compliance with Section 4 of the Electoral Act, the Secretary (IEC) appointed Presiding and Polling Officers whose names were gazetted in the Government Gazette. Please refer to the Government Gazette Vol. LVII, No. 68, Government Notice 679 of 2019. We are not aware of any spying devices alleged to have been fixed to any lights at any polling stations, neitrer are we aware of any satellite dish alleged to have been mounted on any police vehicle at Babusi polling station. As a result, we are constrained to comment. We thank you. Yours faithfully uze Secretary, IEC IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: RAMAOTWANA NELSON RAMAOTWANA. PETITIONER And INDEPENDENT ELECTORAL COMMISSION 45" RESPONDENT MESHACK DUMIZWENI MTHINKHULU. 2° RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) |, the undersigned 11 RAMAOTWANA NELSON RAMAOTWANA 2 o~' (4 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 male of full legal capacity resident at Phase 4, Gaborone, an Officer of this Court and the Petitioner in this matter. 3. | swear positively to the facts contained in the above cited petition and | verify each and every averment deposed to therein as being true and correct. THUS DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE THIS 2 DAY OF NOVEMBER 2019, AT..£&..A2.........-¢NHPM, 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. ‘COMMISSIONER OF OATHS OLIMILE G. MANCHWE ATTORNEY AT LAW COMMISSIONER OF OATHS DESIGNATION: Botswana, P19,%° vetoing IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: RAMAOTWANA NELSON RAMAOTWANA PETITIONER And INDEPENDENT ELECTORAL COMMISSION 1° RESPONDENT MESHACK DUMIZWENI MTHINKULU 2" RESPONDENT VERIFYING AFFIDAVIT cc ™ (Order 12 rule 3 (1) Rules of the High Court) {filed on behalf of the petitioner) I, the undersigned, JACQUELINE KEANOLE RAMOTSOROPANE, 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 Lam: 24 an adult female of full legal capacity resident at Bontleng ward in Gaborone South Constituency; 2.2 verifying that on the 23" October 2019 at Bonteng Polling Station was denied my right to vote, albeit in possession of veter registration card. 3. Ihave read the petition of Ramaotwana Nelson Ramaotwana 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 and | verify each and every averment deposed to therein in this regard as being true and correct. 0 DEPONENT TAUS.OANE, SWORN TO AND SIGNED BRIORE ME AT GABORONE THIS ee JAY OF NOVEMBER 2019, AT. “AHIPH-FHE DEPONENT HAVING ACKNOWLEDGED THAT SHE KNOWS AND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT SHE CONSIDERS THE OATH BINDING ON HER CONSCIENCE. cor [ONER OF OATHS KUTOBE MODIE LLB (U8) Botswana, Pi0.° Yetoa Fang IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE ] CASE NO. In the matter between: RAMAOTWANA NESLON RAMAOTWANA. PETITIONER: And INDEPENDENT ELECTORAL COMMISSION 1°" RESPONDENT MESHACK DUMIZWENI MTHINKHULU 2®° RESPONDENT VERIFYING AFFIDAVIT (Order 12 rule 3 (1) Rules of the High Court) (filed on behalf of the petitioner) 22 NOV 2015 o6 |, the undersigned, COLINE MORAKE | do hereby make Oath and state that: w 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. 1am an adult female of full legal capacity resident at Old Naledi in Gaborone. | was appointed as a UDC polling agent at Therisanyo Primary School Polling Station under stream 3 (otherwise known as section C) in the Gaborone South Constituency on behalf of the petitioner during the parliamentary elections held on 23" October 2019. 3. Ihave read the petition of Ramaotwana Nelson Ramaotwana filed in the above cited matter. | swear positively to the facts contained therein fo 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. be. DEPONENT NE, SWORN TO AND SIGNED BEE: ME AT GABORONE THIS ee JAY OF NOVEMBER 2019, ar. he ... AMIPM, THE DEPONENT ING ACKNOWLEDGED THAT SHE!KNOWS AND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT SHE CONSIDERS THE OATH BINDING ON HER CONSCIENCE. com ‘OATHS KUivoe OUI TLE (UB) | cng Mane SOUSA SS a Botswana, Yo ay 11, Pi0,00 IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: RAMAOTWANA NELSON RAMAOTWANA. PETITIONER And INDEPENDENT ELECTORAL COMMISSION 1°” RESPONDENT MESHACK DUMEZWENI MTHINKHULU 2" RESPONDENT VERIFYING AFFIDAVIT [| (Order 12 rule 3 (1) Rules of the High Court) ~ (filed on behalf of the petitioner) |.” - = fo tena 2 I, the undersigned, | nam@Qo& NTE REGEN. / ‘THEBEETSILE NTWAYAMODIMO |. 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 Lam an adult male of full legal capacity residing at plot 01-160 Old Natedi in Gaborone. | was appointed as a polling agent at Naledi Brigade Polling Station in the Gaborone South Constituency on behalf of the petitioner during the parliamentary elections held on 23° October 2019. | have read the petition of Ramaotwana Nelson Ramaotwana 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. = DEPONENT DAY OF NOVEMBER 2019, AT. .. AMIPM, THE DEPONENT WING ACKNOWLEDGED THAT SHE KNOWS AND UNDERSTANDS THE CONTENTS HEREOF, THAT SAME ARE TRUE AND CORRECT AND THAT SHE CONSIDERS THE OATH BINDING ON HER CONSCIENCE. D@NE, SWORN TO AND 8 A feesh ME AT GABORONE THIS IS COMMISSIONER OF OATHS KUTOBE MODIE LLB (U8) ATTORNEY AT AN. WEYANCER. NBTARY PUIG F OATHS IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. ......0 In the matter between: RAMAOTWANA NELSON RAMAOTWANA PETITIONER And INDEPENDENT ELECTORAL COMMISSION 15" RESPONDENT MESHACK DUMIZWENI MTHINKHULU 2" RESPONDENT VERIFYING AFFIDAV'T (Order 12 rule 3 (1) Rules of the (filed on behalf of the peti I, the undersigned, do hereby make Oath and state that: 4, All the facts deposed to herein are true and correct and within my personal knowledge and belief save where the contrary is otherwise expressed. lam: 2.4 an adult male of full legal capacity resident at Gaborone; 2.2 employed by the Government of Botswana working under Ministry of Presidential Affairs, Governance ard Public Administration as Senior Proofer stationed at Government Printing and Publishing Services. 3. [have read the petition of Ramaotwana Neison Ramaotwana filed in the above cited matter. | swear positively to the facts contained therein to the extent that they relate to me and I verify each and every averment deposed tOxherein in this regard as being true and correct. . IONE, SWORN TO AND SIGNED. n aggre ME AT GABORONE THIS 1. DAY OF NOVEMBER 2019, AT. ‘AM/PM, THE DEPONENT WING 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. COMMISSIONER OF OATHS _—— - HE LL! TOE NOD Nl convey ‘cou pate IO, IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: RAMAOTWANA NELSON RAMAOTWANA PETITIONER And INDEPENDENT ELECTORAL COMMISSION 45" RESPONDENT. MESHACK DUMIZWENI MTHINKHULU 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. Pauline G. Ramaotwana Plot 22311, Phase 4, Gaborone P.O Box 20580, Bontleng GABORONE 2, Thebeetsile Ntwayamodimo | Plot 01-160, Ole Naledi GABORONE | 3. Ruth Ramaotwana Plot 22311, Phase 4, Gaborone P O Box 20580, Bontleng GABORONE DATED AT GABORONE THIS 21%" DAY OF NOVEMBER 2019 BAYFORD & ASSOCIATES (Petitioner's Attomeys). Broadhurst, Tshetlha Crescent Plot 7104, Broadhurst P.O Box 202283 GABORONE To: THE REGISTRAR High Court Private Bag 00220 GABORONE IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE CASE NO. In the matter between: RAMAOTWANA NFISON RAMAOTWANA PETITIONER And INDEPENDENT ELECTORAL COMMISSION 1°" RESPONDENT. MESHACK DUMEZWEN! MTHINKHULU 2" RESPONDENT DRAFT RECOGNIZANCE IN TERMS OF SECTION 115 (2) OF ELECTORAL ACT WHEREAS RAMAOTWANA NELSON RAMAOTWANA of Phase 4 location, Gaborone filed an election petition against, THE INDEPENDENT ELECTORAL COMMISSION {1"Respondent) and MESHACK DUMIZWENI MTHINKHULU (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, | Ramactwana Nelson Ramaotwana of Phase 4 location, Gaborone in my capacity as the Petitioner do hereby irrevocably bind myself as principal debtor for all legal costs, expenses and charges which may be suffered by the Respondents and witnesses as 2 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 ing from any order by the High Court of Botswana which amount does not exceed P. ‘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 affect of which | acknowledge myself to be familiar. IDATED