Order 39 — Reassignment of Cases
Rule 1 Self-disqualification by a Judge.
A Judge hearing a matter may on good cause shown disqualify himself or herself from continuing with a matter.
Rule 2 Indication of disqualification.
(1) When a Judge intends to disqualify himself or herself from a matter before the Judge, the Judge shall in writing state the reasons for seeking such self-disqualification and withdrawal from the matter to the President of the Court.
(2) On approval of the withdrawal on grounds of self-disqualification, the President of the Court shall direct the Judge where the matter is before a single Judge, to return the file and records of proceedings, if any, and at whatever stage of the proceedings to the President of the Court.
(3) Where the matter is before a panel of Judges of the Court and one or two or all of the Judges have sought self-disqualification, the President of the Court shall replace the Judge(s) that have withdrawn from the matter or reconstitute the panel as the case may be and reassign the matter to the new panel.
Rule 3 File sent back to the President of Court.
(1) Whenever a Judge disqualifies himself or herself from hearing a matter, the Judge shall direct that the matter be sent back to the President of the Court for reassignment.
(2) On receipt of the case file, the President of the Court may reassign the matter to another Judge or a panel of Judges as the President of the Court may deem appropriate in the circumstances of the case.
Rule 4 Withdrawal and reassignment of a case.
Whenever there is a just cause necessitating the withdrawal of a pending case from a Judge, the President of the Court may direct the withdrawal of the case from such a Judge and reassign same to another Judge of the Court.
Rule 5 When ex parte or interlocutory order to remain valid.
In any case of withdrawal and reassignment of a case in line with rule 3 of this Order, any ex parte or interlocutory order made by the Judge from whom the case was withdrawn shall remain valid.
Rule 6 When Judge must set the case down de novo and proceed with hearing.
Where a case has proceeded to trial before the withdrawal and reassignment in line with the provisions of rule 3 of this Order, the Judge to whom the case is reassigned, shall set down the hearing of the matter de novo.