Echo (Pty) Ltd t/a the Times of Swaziland, Swazi News and Times of Swaziland Sunday and Others (522 of 2009) [2009] SZHC 15 (13 February 2009)

IN THE HIGH COURT OF SWAZILAND

HELD AT MBABANE Civil Case No. 522/2009

STEPHEN HLOPHE Applicant

And

THE ECHO (PTY) LTD t/a THE TIMES OF

SWAZILAND, SWAZI NEWS AND TIMES

OF SWAZILAND SUNDAY 1^st Respondent

THE SWAZI OBSERVER 2^nd Respondent

JOUZ MEDIA (PTY) t/a CHANNEL S 3^rd Respondent

Coram S.B. MAPHALALA - J

For the Applicant MR. T. MLANGENI

For the 1^st Respondent MR. M. SIBANDZE

For the 2^nd Respondent MR. Z. SHABANGU

________________________________________________________________________

JUDGMENT

(Delivered in Chambers)

13^th February 2009

_____________________________________________________________

[1] On the 12^th February 2009, Counsel for the parties in this matter approached me in Chambers where Counsel for the 1^st Respondent applied that I recuse myself. The main ground for my recusal is that earlier I had granted an order against 2^nd and 3^rd Respondent in absentia. The essence of the objection is found in paragraph 12 of the 1^st Respondent’s affidavit 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 2^nd and 3^rd Respondents to find that the grounds which are the same, have not been established in respect of the 1^st Respondent and that the relief sought in contravention of the Constitution guarantees.

[2] Counsel for the Applicant on the other hand took the position that there would be nothing untowards in the court coming to a different judgment on the later case.

[3] Mr. Shabangu for the 2^nd Respondent pointed out a very important feature of the case that it is a constitutional dispute and therefore stands to be decided by a Full Bench of this court in accordance with the general practice of this court on similar matters.

[4] Indeed, it appears to me that this matter ought to be referred to a Full Bench of this court to be convened as a matter of urgency. Further, that I be excluded from the composition of the Full Bench so constituted.

[5] In the result, for these reasons I order that the case be referred to a Full Bench of this court as matter of urgency. The case to be taken to the learned Chief Justice to appoint the said court and I be excluded thereby. I make no order as to costs.

S.B. MAPHALALA

PRINCIPAL JUDGE