Judgment No. CCZ 6/2015 5 Const Application No. 02/14 slightest doubt that the resort by the applicant to s 24(1) of the Constitution was impermissible.” GUBBAY CJ went on to dismiss the application before him, for contravening s 24 (3) of the Constitution. It is thus evident that the application in casu would have been declared impermissible, and/or been dismissed, had it been brought in terms of the old s 24(1). It should be noted however, that in the case of Martin v A-G & Anor (1993 (1) ZLR 153 (S) it was held that an exception to this general rule would arise in the situation where a lower court denied an application for referral in terms of s 24 (2) of the old constitution, for reasons other than those permitted under s 24.2 In that case, the refusal to refer the matter to the Supreme Court was found to have been premised on a misunderstanding by the Magistrates’ Court, of the meaning of the phrase ‘frivolous or vexatious’. The court held that in such circumstances the unsuccessful applicant was entitled to approach the Supreme Court directly in terms of s 24(1). While this is not the situation that the case at hand is concerned with, it is nevertheless pertinent to note that an applicant such as the one in Martin’s case, would have had to initially make his application for referral to a lower court. The last argument that could conceivably have been raised against a finding that the application in casu should suffer the same fate is that, despite subsection 175 (4) repeating word for word, s 24 (2) of the old Constitution, the section that followed it, that is s 24 (3), was not similarly imported into s 175 of the current Constitution. 2 See also Mukoko v Commissioner General of Police & Others 2009 (1) ZLR 21 (S) This is the