Judgment No. CCZ 1/2014 5
Const. Application No. SC 240/2010
applicants on remand was a violation of their right to the protection of the law under s 18(1) of
the Constitution. They did not invoke the provisions of s 24(2) of the Constitution at the time
they ought to have done. The applicants accepted the legality of the decision to place them on
remand on the basis of which they were arraigned before the High Court in July 2009.
Prima facie, in finding that there was reasonable suspicion that the applicants
committed the offences with which they were charged, the magistrate did not violate the
applicants’ right to personal liberty. On 25 February 2009 the High Court held in cases HC
42/09 and HC 147/09 on review that the decision of the magistrate to place the applicants on
remand was based on a proper application of the principle and finding on the facts that there was
a reasonable suspicion that the applicants had committed the offences of which they were
charged.
It is clear that s 24(2)of the Constitution was designed to enable the Supreme
Court to adjudicate and consider the question whether there has been or there is likely to be a
contravention of the Declaration of Rights, as a court of first instance exercising original
jurisdiction.
Section 24(2) provides that:
“(2) If in any proceedings in the High Court or in any court subordinate to the High
Court any question arises as to the contravention of the Declaration of Rights, the person
presiding in that court may, and if so requested by any party to the proceedings shall,
refer the question to the Supreme Court unless, in his opinion, the raising of the question
is merely frivolous or vexatious.”