IN THE MAGISTRATE’S COURT OF THE GABORONE MAGISTERIAL

DISTRICT HELD AT GABORONE

Case No: ……………
In the matter between:
Ms Mothusi Matsapa APPLICANT

And

Mr Gorileng Serwalo RESPONDENT

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NOTICE OF MOTION
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BE PLEASED TO TAKE NOTICE THAT an application shall be made to this
Honorable Court by date to be set by the Clerk of Court for an Order as follows:

a) The respondent is hereby restrained and prohibited from committing acts of

insulting, beating and harassment on the applicant
b) The respondent is ordered to make proper arrangement with the applicant’s
aunt whenever he intends to see his child to provide for her welfare.
c) Furthermore the respondent is barred from entering the applicant’s residence
at Mokateng ward, Gabane and at her work place at Gabane Police Post
forthwith.
d) The Botswana Police are directed to serve and put this order into effect
e) Further and /or alternative relief.

Take further notice that the affidavit of the applicant will be used in support of
this application.

Dated at Gaborone this____________ day of______________________2021.

 ________________________
Mothusi Matsapa
P .O. Box 21 Gabane
Mokateng ward, Gabane
Cell: 76398682/75515657

TO: Clerk of Court

Extension II Magistrate Court
Gaborone
To: Mr Gorileng Serwalo
Mokateng ward, Gabane

IN THE MAGISTRATE’S COURT OF THE GABORONE MAGISTERIAL

DISTRICT HELD AT GABORONE
 Case No: ……………
In the matter between
Ms Mothusi Matsapa APPLICANT

And
Mr Gorileng Serwalo RESPONDENT

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FOUNDING AFFIDAVIT
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I, the undersigned,

Ms Mothusi Matsapa do hereby make oath and states as follows:

That I am adult female of full legal capacity residing at Mokateng ward, Gabane
whose postal address for the purpose of this suit shall be P .O. Box 21 Gabane.

2. The respondent is Gorileng Serwalo an adult male of full capacity residing at

Mokateng ward at Gabane

3. The respondent is abusing me physically and emotionally that I have lost

sense of life.
 In December 2015 I started having a relationship with Gorileng
Serwalo,then in January 2016 I became pregnant of his child. It was then
when I realised his behavior change, when he pushed me from the bed
while I was pregnant. After we had discussion concerning his behaviour
he then said he will never repeat those wrongful acts, but after sometimes
 he started abusing me emotionally to the extent that he sometimes wake
me in the middle of the night just to quarrel with me.

 In 2018, not sure of the month and date he started beating me for no
reasons on different occasions. At one point he maliciously damaged my
SAMSUNG GALAXY J7 cellphone and doors where I am renting. That
time he was confronted by my neighbour Senara Matshidiso whom I used
to call for her assistance whenever Gorileng Serwalo started beating or
insulting me. He continued abusing , intimidating, and beating me even in
front of my children until I reported the matter at Gabane Police Post
where I am currently working as Special Constable. At some point I was
not reporting as I was afraid of how my workmates are going to look at
me or judge me. The time I reported him the case was withdrawn since he
pleaded with me to forgive him and that he will never repeat his acts.

 Furthermore, in 2019 I reported him to Mr Rasetobana and Senara

Matshidiso. I had reported him several times to the police and on those
incidents I was not opening any case as i was thinking that he as the
father of my child he will change his behaviour. I reported him to the
Chief Arbitrator in Gabane Kgotla, He was summoned and asked to move
from my place of stay but he never moved out. At some point I reported
him to the Chief Representative Mr Sello asked Gorileng Serwalo to
move out but he never did and rather continued with his abuse to me. He
once assaulted me in August 2019, case no; 779/08/2019 which I opened
against him. He was prosecuted and was given some strokes as form of
punishment at Gabane Customary court. In the same year we visited his
parents at Mmathethe where he went to the extent of beating me in front
of his parents.

. In 2020 he insulted me uttering the following words ‘’ mosono wa gago

o tla nyela selo ke wena o sa nthateng. Ke tlaa go dira sengwe ke bo ke
tsamaya ke a go nna kwa Mmathethe, le wena ga o na go bereka . All this
abuse he was doing it in front of my daughters both 13 years and 4
years,to the extent that they were even abused emotionally as he shouted
bad words to them. Such as lebelete ke wena feta o tlhape o lese go diiwa
ke go bua le banna ba gago,o ntlwaela masepa le ene ngwana wa gago o
setse o mo ruta boloi jwa gore a mpuise jaaka a bua. Ke tlaa mo nyedisa a
bo a ya go bolelela rraagwe ga a ka ke a ntira sepe Still in the same year
 he assaulted me and I open a case ( case no 1399/12/20) in which he was
fine P200.00 as a form of punishment.

. In 2021, January 30th, he had full control of my life such that he can take
my cellphone even without my permission and read all the conversations
of my contacts in my cellphone. One of my colleague once borrowed
money from me he was returning my money back he sent me a text which
was also seen by Gorileng Serwalo and upon seeing the text he uttered
the following words to me ; ‘ o nnywana, lebelete ke wena o jewang ke
banna, banna bao ba gago ba njesa leswe. I did not report him though I
was hurt but I asked him to move out from my house but he refused.
_____________________________
Deponent

Thus done and sworn before me at Gaborone this ____ day of

_____________2021

_________________________________________

COMMISSIONER OF OATHS

IN THE MAGISTRATE’S COURT OF THE GABORONE MAGISTERIAL

DISTRICT HELD AT GABORONE
 Case No: ……………
IN the matter between
Ms Mothusi Matsapa APPLICANT

And

Mr Gorileng Serwalo RESPONDENT

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DRAFT ORDER
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Before his/her Worship _____________________ at _________ on the ______
day of _________ 2021.

Up on hearing the Applicant and having read the document filed on record,

IT IS ORDERED THAT:

a) The respondent is hereby restrained and prohibited from committing acts of

insulting, beating and harassment on the applicant
b) The respondent is restrained from communicating with the applicant in any
form inclusive of through social media
c) Furthermore the respondent is barred from the applicant’s residence
Mokateng ward, Gabane forthwith.
d) The Botswana Police are directed to serve and put this order into effect
e) Further and /or alternative relief.
BY ORDER OF COURT

______________________________________
CLERK OF THE COURT