The case will be heard by a full bench of the Swaziland High Court, according to a ruling by High Court judge Stanley Maphalala on Friday, 13 February.
The other two media houses, the Swazi Observer newspaper and Channel Swazi television station failed to oppose the application and the court ruled against them, interdicting them from reporting on the church's leadership dispute. However, the Observer has since instructed lawyers to apply for a rescission of the judgement.
When High Court judge Stanley Maphalala heard the matter on Thursday, 12 February, the Times lawyer Musa Sibandze moved an application that the judge should recuse himself from the case because he had already ruled that the Observer and Channel Swazi be interdicted from reporting on the church split.
Judge Maphalala said in his ruling: “On February 12, 2009 counsel for the parties in this matter approached me in chambers where Counsel for the first respondent (Times) applied that I recuse myself. The main ground for my recusal is that I had earlier granted an order against second and third respondents in absentia.
“The essence of the objection is that it would be self-contradictory for the same Presiding Officer who has effectively found that the grounds for relief was established in terms of the second and third respondents to find that the grounds which are the same have not been established in respect of the first respondent and that the relief sought in contravention of the constitution.”
The judge said it appeared to him that the matter ought to be referred to a full bench of the High Court to be convened as a matter of urgency.
This is because the Times' application touches on the constitution and constitutional matters are normally heard by a full bench of the High Court.
