the Industrial Court of Appeal. It is well documented that the said judgment was not spared from challenge. Order was finally created on the 9 th December 2021 when a Full Bench of the Supreme Court emphatically decreed, by majority, that the Industrial Court is a specialized court parallel to the High Court and therefore not subordinate to it. See CASHBUILD SWAZILAND (PTY) LTD v THEMBI PENELOPE MAGAGULA.3 [7] It follows, therefore, that if the referral by the Industrial Court was after the 9th December 2021 it would have been irregular and inconsequential. Coming as it did before the momentous judgment of the Supreme Court in CASHBUILD, referred to above, it is competent. [8] Whilst the matter was pending in the High Court the prayer for a declarator was amended to read that: “The conduct Respondent falls complained within the of by exercise the 1 st of the freedoms guaranteed under Section 24(1) and (2) and or Sections 23(1) and (2) of the Constitution of the Kingdom of Eswatini.” 3 (26B/2020) [2021] SZSC 31, 9th December 2021, 8

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