Judgment No. CCZ 9/2015 3 Const. Application No. CCZ 287/11 Attorney- General indicates that he intends to appeal the decision, violates their right to the protection of the law. [5] During the hearing before the Magistrate, the applicants did not lead any evidence to substantiate these claims. [6] In his response, the prosecutor indicated that the application for referral was opposed. He denied the suggestion that the police did not have a reasonable suspicion that a crime had been committed at the time they arrested the applicants. [7] In a terse judgment, the magistrate held that the issues of over detention and alleged kidnapping of the applicants deserved “the attention of the Supreme Court which court would need to make a proper inquiry”. On that basis he then referred the matter to the Supreme Court. ISSUES FOR DETERMINATION BEFORE THIS COURT [8] In his submissions before us, Mr Chadambuka, for the applicants, submitted that the rights of the applicants have been violated in several respects. He therefore implored the court to issue various declaraturs and, as consequent relief, an order permanently staying the criminal proceedings they were being subjected to. [9] On the other hand, Mr Nyazamba, for the State, urged this Court to find that no proper inquiry had been carried out before the Magistrates’ Court and, most importantly, the failure by the applicants to lead evidence to substantiate their allegations was fatal. He therefore prayed for the dismissal of the application. WHETHER THE MATTER WAS PROPERLY REFERRED