Judgment No. CCZ 1/2014 9 Const. Application No. SC 240/2010 guaranteed right should be referred to the Supreme Court by the court mero motu or at the instance of any one of the parties to the proceedings.” Section 24(2) of the Constitution clearly precludes a situation where the question is referred to the Supreme Court in respect of a matter which is no longer necessary for resolution by the lower court in the determination of the dispute before it. If that were to be permitted it would mean that the Supreme Court would not be rendering a decision on the question as a court of first instance in the exercise of original jurisdiction. It was no longer necessary for the High Court to place the applicants on remand and ipso facto to consider whether or not placing them on remand was likely to violate their right to personal liberty, the decision to place the applicants on remand having already been made by the Magistrates Court. The applicants were before the High Court for trial on the basis of the decision that there was a reasonable suspicion of their having committed the offences with which they were charged. Accordingly, the matter is struck off the roll with no order as to costs. CHIDYAUSIKU CJ: I agree ZIYAMBI JA: I agree