The order, granted by Judge Stanley Maphalala on 12 February, was set aside by another High Court judge, Justice Mabel Agyemang, after the newspaper challenged it. Judge Maphalala had granted the order after the Swazi Observer had failed to appear in court to defend an application brought by the Jericho Church.
In papers submitted to the court, Susan Magamula, CEO of Swazi Observer, explained that the newspaper was not in lawful default. She argued that the newspaper would have opposed the orders sought by the church had it been aware of the application against it.
Magamula explained that Stephen Hlophe, of the Jericho Church, served a cleaner at the Swazi Observer with the court papers. She, as the person in authority and in charge of the newspaper, was not served with the papers.
"Court process is served on my sub-ordinates only in the event that I happen to not be in the office. However, on 10 February 2009, being the day on which the application was served (on the Observer), I was in the office and it puzzles me why the respondent chose to serve the same on the cleaner," Magamula said.
She added that she found out about the order against the newspaper when she received a call from the company's attorneys.
Upon hearing Magamula's arguments, the judge set aside the previous High Court ruling against the newspaper.
The privately-owned Times of Swaziland newspaper, which had also been challenged together with the Swazi Observer by the Jericho Church, challenged the church's application and the case is now set for arguments before a full bench of the High Court.
Article published courtesy of IFEX
