IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT GABORONE CASE NUMBER: CVHGB-_OOOOO4 /13 In the matter between:

JAHMAN RASTA II APPLICANT And ATTORNEY GENERAL OF BOTSWANA RESPONDENT (SUED IN HER REPRESENTATIVE CAPACITY AS LEGAL ADVISER OF THE GOVERNMENT OF BOTSWANA)

FILING NOTICE TAKE NOTICE that Respondent files herewith: 1) RESPONDENT S ANSWERING AFFIDAVIT 2) NOTICE TO RAISE POINTS IN LIMINE DATED AT GABORONE THIS 28TH DAY OF MARCH 2013 ________________________ ATTORNEY GENERAL RESPODENT PRIVATE BAG 009 GABORONE REF: BATHUSI AND KUWAZA TO: THE REGISTRAR OF THE HIGH COURT PRIVATE BAG 00220 GABORONE JAHMAN RASTA II APPLICANT HULE ADOM & ASSOCIATES P.O BOX 705 GABORONE

AND TO:

IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT GABORONE CASE NUMBER:CVHGB-_OOOOO4 /13 In the matter between: JAHMAN RASTA II APPLICANT And ATTORNEY GENERAL OF BOTSWANA RESPONDENT (SUED IN HER REPRESENTATIVE CAPACITY AS LEGAL ADVISER OF THE GOVERNMENT OF BOTSWANA)

ANSWERING AFFIDAVIT

I, the undersigned JULIUS SALESHANDO Hereby make oath and state as follows:
1.

The facts I depose to herein are, save where the contrary is indicated or where the context suggest otherwise, within my personal knowledge and are to the best of my belief true and correct. I depone to this affidavit in my capacity as a Member of Parliament for Kweneng South and Minister of Lands and Housing deposing for the Government of the Republic of Botswana represented by the Respondent. I am an adult male of full legal capacity resident in Block 9, who is a Member of Parliament and my postal address is P O Box 1987, Gaborone. My address for the purposes of these proceedings is ATTORNEY GENERAL CHAMBERS PRIVATE BAG 009, GABORONE.

2.

3.

4. I have read and understood the Applicants Founding Affidavit, Confirmatory Affidavit and Supporting Affidavit. I wish to reply the all Affidavits and for the FOUNDING AFFIDAVIT as follows.

5. AD PARAGRAPH 1 -3, 11. The contents therein are noted and admitted. 6. AD PARAGRAPH 4-5 The contents therein are noted. 7. AD PARAGRAPH 6-7, 10. The contents therein are admitted. 8. AD PARAGRAPH 8 Save for that the Applicants have a 6 km by 6 km farm and that the farm is used as a plantation for marijuana, allegations that the Applicants have a religion are denied and Applicants are put to strict proof thereof. Further the Respondents has no knowledge of allegation that the marijuana is used for meditational and healing purposes. 9. AD PARAGRAPH 9 Contents therein are denied and Applicants are put to strict proof thereof. I wish to state that I am advised that the new government in force has no knowledge of the Applicants way of life and have never created an impression of allowing or condoning the Applicants alleged religion and way of life as described. 10. AD PARAGRAPH 12

Save for that JAHMAN RASTA II and Mosaic Tribesmen did not move from Xau as per the Directive, contents therein are denied. Further the Applicant is put to strict proof thereof. 11. AD PARAGRAPH 13 The Respondent has no knowledge of the contents of this paragraph. 12. AD PARAGRAPH 14 The Respondent has no knowledge of the contents of this paragraph.

I wish to state that the Applicants statement is misguided and embarrassing, because the government has never threatened to demolish houses nor decide to forcibly remove the Applicants from Xau. 13. AD PARAGRAPH 15 Save for the admission to the allegation that there is fear among the Mosaic tribesmen that there might be convictions because of using marijuana, the Respondent has no knowledge of the contents of this paragraph. Further, the allegations of harassment made against the Government are denied and Applicant is put to strict proof thereof. 14. AD PARAGRAPH 16 Contents denied. WHEREFORE, I pray that this application be dismissed.

To the CONFIRMATORY AFFIDAVIT of XALE DREADMAN XUMU I respond as follows; 15. AD PARAGRAPH 1-2 The contents therein are admitted. 16. AD PARAGRAPH 3-4 The contents therein are noted and further the Respondent has no knowledge of the allegations therein. 17. AD PARAGRAPH 5 Contents therein are denied. WHEREFORE, I pray that this application be dismissed.

To the SUPPORTING AFFIDAVIT of PROFFESSOR HORACE CAMPBELL I respond as follows;

18. 19.

AD PARAGRAPH 1-2 The contents therein admitted AD PARAGRAPH 3-9 Contents therein are noted.

WHEREFORE I pray for a dismissal of this application. ______________ DEPONENT THUS DONE SIGNED AND SWORN TO BEFORE ME AT GABORONE ON THE.............DAY OF. 2013 AT...........HOURS THE DEPONDENT HAVING ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT AND NO OBJECTION TO TAKING THE PRESCRIBED OATH. ____________________ (COMMISSIONER OF OATHS) NAME: __________________________ OFFICE HELD: ________________ RANK: _____________________ TIME: __________________

IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT GABORONE CASE NUMBER:CVHGB-_OOOOO4 /13 In the matter between: JAHMAN RASTA II APPLICANT And ATTORNEY GENERAL OF BOTSWANA RESPONDENT (SUED IN HER REPRESENTATIVE CAPACITY AS LEGAL ADVISER OF THE GOVERNMENT OF BOTSWANA)

NOTICE TO RAISE POINTS IN LIMINE

BE PLEASED TO TAKE NOTICE that the Respondent shall at the hearing hereof, raise the following points in limine. 1. Non-compliance with Order 12 rule 1 of RULES OF THE HIGH COURT, 2011 which states; Except where proceedings by way of petition are prescribed by law, every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief, and the notice of motion shall be in Form 4 in the First Schedule with such variations as circumstances require, and shall state the rule under which the application is brought. 1.1 The Applicants filed papers, did not state the rule under which the application was brought under.

2. SECTION 9 of the STATE PROCEEDINGS (CIVIL ACTIONS BY OR AGAINST GOVERNMENT OR PUBLIC OFFICERS) CHAPTER 10:01 bars the court to give the Applicants the remedy of an interdict against the Government represented by the Respondent.

3. The Applicant and others have no right of claim against the Directive issued by the President of the Republic of Botswana 28 th January 2010, attached and marked B1. WHEREFORE the Respondent prays that the application be dismissed with costs. DATED AT GABORONE THIS 28TH DAY OF MARCH 2013 ________________________ ATTORNEY GENERAL RESPODENT PRIVATE BAG 009 GABORONE REF: BATHUSI AND KUWAZA TO: THE REGISTRAR OF THE HIGH COURT PRIVATE BAG 00220 GABORONE JAHMAN RASTA II APPLICANT HULE ADOM & ASSOCIATES P.O BOX 705 GABORONE

AND TO:

IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT GABORONE CASE NUMBER:CVHGB-_OOOOO4 /13 In the matter between: JAHMAN RASTA II APPLICANT And ATTORNEY GENERAL OF BOTSWANA RESPONDENT (SUED IN HER REPRESENTATIVE CAPACITY AS LEGAL ADVISER OF THE GOVERNMENT OF BOTSWANA)

AFFIDAVIT OF SERVICE

I, the undersigned, ____________________________________ Do hereby make an oath and state that: The facts herein contained are within my own personal knowledge and are both true and correct in every material respect: 1. That I am an adult ______of full legal capacity, whose address for purpose of this suit is_______________________________________. 2. On the 28th DAY of MARCH 2013, at around 1200 HRS, I affected service herein on APPLICANT in this matter by personally handing a copy of FILLING NOTICE, ANSWERING AFFIDAVIT and NOTICE TO RAISE POINTS IN LIMINE, at University of Botswana Legal Clinic. 3. At the time of service, I explained the nature and the contents of this matter to the Applicant.

________________ (DEPONENT) THUS SIGNED AND SWORN TO BEFORE ME AT UNIVERSITY OF BOTSWANA LEGAL CLINIC ON THIS 28th DAY OF MARCH 2013, AT 12 AM/PM. THE DEPONENT STATED THAT SHE KNOWS AND UNDERSTAND THE CONTENTS OF THIS AFFIDAVIT, ADHERES THERETO, HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH WHICH HE CONSIDERS BINDING ON HIS CONSCIENCE. THE PROVISIONS OF THE RULES AND THE COMMISSIONER OF OATH ACT HAVE BEEN FULLY COMPLIED WITH. ____________________ (COMMISSIONER OF OATHS) NAME: __________________________ OFFICE HELD: ________________ RANK: _____________________ TIME: __________________

OFFICE OF THE PRESIDENT 28 JANUARY 2010 PRESIDENTIAL DIRECTIVE NO.7 OF 2009 TO: MOSAIC TRIBE : MASAI TRIBE : BUJWA TRIBE : ROMAN CATHOLIC CHURCH : AFRIKANNERS BOERS : GOVERNMENT MINISTRIES/DEPARTMENTS SUBJECT: EVICTION I HEREBY as inform you as President the Republic of Botswana that I have made decisions following advice tendered to me at the 28th (b) meeting of Cabinet held on Thursday 17th DECEMBER, 2009; THAT: 1.

THE GOVERNMENT HAS DECIDED THAT THERE IS NEED FOR LAND RE-DISTRIBUTION IN THE COUNTRY DUE TO CERTAIN IDENTIFIED LAND OCCUPATIONS WHICH ARE NOT TO BE CONDONED BY THE NEWBORN GOVERNMENT. THE GOVERNMNENT OF BOTSWANA WILL ALSO NOT TOLERATE ANY LAND USAGE WHICH IS IN

2.

CONTRAVENTION OF ANY WRITTEN OR UNWRITEN LAW. 3. 4. THE MOSAIC TRIBE IS EVICTED FROM THEIR FARM MEASURING 6KM BY 6 KM. MOSAIC TRIBE IS FURTHER ADVSED THAT THE ACTIVITIES THEY HAVE BEEN CARRYING OUT IN THE FARM MENTION ABOVE ARE ILLEGAL, THEY OUGHT TO RESPECT THE RULE OF LAW. ANY FURTHER ILLEGAL ACTIVITIES ELSEWHERE SHALL NOT BE TOLERATED AND THAT STERN MEASURES SHALL BE TAKEN BY THE GOVERNMENT AGAINST PERPETRATION OF THE CRIME. LASTLY THE FOLLOWING BEING: MASAI TRIBE; BOERS; BUJWA AND TRIBE ARE ROMAN CATHOLIC CHURCH HEREBY EVICTED FROM ALL THE LAND THEY HOLD.

5.

THIS DIRECTIVE TAKES EFFECT IMMEDIATE EFFECT AND COMPLIANCE IS DULY ANTICIPATED. THANK YOU

__________________________ THE PRESIDENT OF THE REPUBLIC OF BOTSWANA.