Judgment No. CCZ 6/2015 10 Const Application No. 02/14 and without any ceremony, in order to approach the Constitutional Court directly in terms of that section. Such a meaning would thus introduce an absurdity and possible chaos to a process that, in terms of the more expansive s 24 of the old Constitution, was free of such anomalies. It is evident that the purpose of the old s 24 and in particular subsections (1) (2) and (3), was to inject order and certainty into the process by which constitutional issues arising during proceedings before the lower courts, were referred to the Constitutional Court order in the sense that the lower court had the opportunity to call and hear evidence on, and consider, the issue so as to determine whether it is not frivolous or vexatious. Only then did the court refer the issue to the Constitutional Court. Through this process, the Constitutional Court was shielded from a situation where frivolous and undeserving cases might have been directly brought to it. There was certainty in the process in that the lower court, where it referred the matter, was fully informed as to both the reason for, and the effect of, such referral. The effect would be a formal deferment of the proceedings in that court, pending a constitutional court determination of the issues referred to it. More importantly, the risk of parallel proceedings being pursued in the Constitutional and the lower courts, on different aspects of the same case but based on the same facts, was obviated. It should be noted that the case at hand is an example of the absurdity that may arise from a strict, literal construction of s 85(1). The proceedings in the Magistrates’ Court were postponed by consent of the parties. The next thing that happened was a direct application to this Court, in which aspects of those proceedings are being impugned. There is nothing on the record to suggest that the Magistrates Court was made aware of this development, or if so, through what procedure and to what effect. It may therefore be safe to