What remedies are available in the first instance?
Botswana
Electoral Act 1968, 121(g) – (j)
if the High Court determines that the respondent was duly elected, such election shall be and remain as valid as if no petition had been presented against it;
(h) if the High Court determines that the respondent was not duly elected, but some other person was or is entitled to be declared duly elected the respondent shall forthwith be deemed to have vacated his seat, and the High Court shall forthwith certify itsdetermination to the Secretary and the Secretary shall thereupon by notice in the Gazette declare such other person duly elected;
(I) if the High Court determines that the respondent was not duly elected and that no other person was or is entitled to be declared duly elected the seat of the respondentshall be deemed to be vacant and the High Court shall certify its determination to the President that a vacancy has occurred, the cause of such vacancy and the constituency in which such vacancy has occurred;
(i) where, on the trial of an election petition, the High Court determines that the respondent was not duly elected and is of opinion, having regard to the circumstances, that it would be just and reasonable to relieve any party to the action from all or a portion of the costs thereof, then‑
if the High Court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function mala fide made by any officer, it may, after sufficient notice to such officer to show cause to the contrary, make such order as to the payment by such officer of the costs of the action or portion thereof, as it may deem fit.
http://aceproject.org/regions-en/eisa/BW/Electoral%20Act%201968.pdf
