IN THE MAGISTRATES COURT OF BOTSWANA HELD AT THE VILLAGE MAGISTRATES COURT CRIMINAL CASE NO.

___________________ In the matter between: THE STATE And DINTLE MOMPATI APPLICATION FOR BAIL

BE PLEASED TO TAKE NOTICE that DINTLE MOMPATI (hereinafter called the Applicant) intends to make application to this Court for an order that: 1. The Applicant be released on bail pendin trial upon such conditions as will be determined b! this "onorable Court. #. $urther and%or alternati&e relief this Court ma! deem 'ust. And that the accompan!in affida&it of the Applicant will be used in support thereof. DATED AT GABORONE THIS _________ DAY OF AUGUST 2009 ((((((((((((((((((((((((((((( DINTLE MOMPATI APPLICANT T): THE COURT CLERK VILLAGE MAGISTRATES COURT

A*+ T):

THE STATE

IN THE MAGISTRATES COURT OF BOTSWANA HELD AT THE VILLAGE MAGISTRATES COURT CRIMINAL CASE NO.___________________ In the matter between: THE STATE And DINTLE MOMPATI FOUNDING AFFIDAVIT

I, the undersi ned DINTLE MOMPATI +o hereb! make oath and sa! that: 1. The facts I depose to in this affida&it are both true and correct to the best of m! knowled e and belief e-cept where I ha&e indicated to the contrar! or where the conte-t otherwise su ests. #. .! names are +intle .ompati/ I am an adult female of full le al capacit!, the accused person in the case of Th S!"! # D$n!% M&'("!$. 0. )n the 11th of Au ust #223, I was char ed with the manslau hter of 4ac5ueline 6ekau. I ha&e been ser&ed with the char e sheet and witness statements b! the 7tate. 8. I hereb! implore this "onorable to rant me bail on such conditions as ma! be found fit b! the court. .! pra!er for bail is based on the rounds stated underneath. 9. I am not likel! to abscond and fail to show up for trial on the trial date, if ranted bail, in that: i. I ha&e a newl! born bab! and an! attempts to escape will endan er her life. ii. I do not ha&e an! relati&es outside :otswana. iii. I ha&e ne&er in m! life one outside :otswana.

;. I am informed that the paramount factor that this "onorable Court must take into consideration on issues of bail is whether the accused person will attend trial when summoned to do so. I &eril! belie&e that there is no round at all that would i&e this "onorable Court an! reason to belie&e that I will abscond and not show up for trial. I understand that as a citi<en of this countr! under indictment I ha&e an obli ation to show up on the trial date to answer to the case of the state. In m! life I ha&e ne&er &iolated an! court order or ot into trouble with law enforcement authorities. =. $urthermore, I ha&e a new born bab! a ed = months. I wish to raise m! child in an en&ironment that is conduci&e for the rowth and de&elopment of a child. I do not belie&e it will be in the best interests of her to be raised in prison. I beseech this "onorable Court to ha&e her interests at heart. 3. I am ad&ised that for one to be ranted bail on health rounds one has to demonstrate to this "onorable Court that her health conditions is so se&ere as not to allow her to wait in detention pendin trial. "owe&er, as additional rounds to the rounds I ha&e adduced abo&e, I wish to make this "onorable Court aware that I suffer from se&ere hi h blood pressure which compelled me deli&er a premature bab!, as such, I be this "onorable Court to rant me bail also on the basis of this round. _____________ DEPONENT THUS SIGNED AND SWORN TO BEFORE ME AT _________ ON THIS______ DAY OF _____ 200)* AT ____ AM+PM. THE DEPONENT STATED THAT SHE, (a) (b) (c) (d) knows and understand the contents of this affida&it/ adheres thereto/ has no ob'ection to takin the prescribed oath/ Considers the prescribed oath bindin on her conscience.

COMMISSIONER OF OATHS

IN THE HIGH COURT OF THE REPUBLIC BOTSWANA HELD AT FRANCISTOWN

CA7> *). In the matter between: TSHOLOFELO GARE And OLEFILE GARE BELENINA GARE MAONYANA GARE UNKNOWN .ST R /(&nd n! 2ND R /(&nd n! 0 RD R /(&nd n! 1 TH R /(&nd n! A((%$-"n!

NOTICE OF SETDOWN

BE PLEASED TO TAKE NOTICE that the abo&e mentioned matter is hereb! set down for hearin before the abo&e "onourable Court on the (((((( DAY &2 ____________________ 2009__ "! 9,00 ".'. or soon thereafter as counsel ma! be heard. DATED AT GABORONE THIS _____ DAY OF _____________________ 2009. (((((((((((((((((((((( APPLICANT TSHOLOFELO GARE C+O UB LEGAL CLINIC OFF MOBUTHO DRIVE PRIVATE BAG 00304 GABORONE TO, THE REGISTRAR HIGH COURT PRIVATE BAG 00. FRANCISTOWN

IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT FRANCISTOWN

CA7> *). In the matter between: TSHOLOFELO GARE And OLEFILE GARE BELENINA GARE MAONYANA GARE UNKNOWN ./! R /(&nd n! 2nd R /(&nd n! 0 5d R /(&nd n! 1 !h R /(&nd n! A((%$-"n!

DRAFT ORDER (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( BEFORE ((((((((((((((((((((((((((((( U(&n h "5$n6 !h A((%$-"n! $n P 5/&n $! $/ &5d 5 d !h"!,

a) That the 1st and #nd ?espondent be and is hereb! ordered to cause the 8 th ?espondent to immediatel! ?emo&e himself from Applicant@s :ar%depot and further terminate whatsoe&er lease a reement the! ha&e as between themsel&es in relation to the bar.

b) The 1st and #nd respondents terminate their contract in relation to the said bar with 8th respondent.

c) That this order is hereb! issued as a prohibitor! and restrainin interim order a ainst the 1st , #nd and 8th ?espondent who must be imprisoned in the e&ent of breach.

d) The applicant be i&en the e-clusi&e power and control o&er the said bar.

e) That the 0rd ?espondent be and is hereb! ordered to remo&e himself from the Applicant@s residence and ne&er to come there at an! time. f) The applicant be i&en the e-clusi&e power and control o&er her matrimonial home and e&er!thin therein which belon ed to the 'oint estate.

) That this order is hereb! issued as a prohibitor! and restrainin interim order a ainst the 0rd ?espondent who must be imprisoned in the e&ent of breach. h) The station Commander of 7elibe Ahikwe Aolice 7tation is hereb! directed to arrest the 1st,#nd,0rd and 8th ?espondents in the e&ent of breach of this order. i) That the respondents be ordered to pa! the costs of this application. ') An! further and%or alternati&e relief.

(((((((((((((((((((((((((((((((((((((((( CLERK OF COURT