Judgment No. CCZ 8/15 6 Civil Application No. CCZ 62/15 [12] The applicants have not alleged that s 175 (3) applies in their case. Since no constitutional issue was determined by the Supreme Court, no appeal can lie against its decision2. It follows that the applicants have not established a right of appeal to the Constitutional Court and any appeal filed in this matter by the applicants is a nullity as it conflicts with the provisions of s 169(1) of the Constitution. [13] The above finding is dispositive of the application. I must, however, note that even if the applicants had established a right of appeal to the Constitutional Court, the application would have been dismissed on the basis that no urgency has been established which would justify the grant of the order sought. The only basis on which the order was sought is that “several employees have had their contracts of employment indiscriminately terminated on notice and the Court should take judicial notice of this development”. The employees referred to are not parties to this application. I therefore agree with Mr Chagonda that no basis was established for the grant of the order sought by the applicants. [14] Accordingly the application is dismissed with costs. Matsikidze & Mucheche, applicants’ legal practitioners Atherstone & Cook, respondent’s legal practitioners 2 Section 169(1) of the Constitution of Zimbabwe