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Constitutional law ” Constitution of Zimbabwe 1980 ” Declaration of Rights ” referral to Supreme Court of constitutional issue ” C applicant on trial in inferior court ” no request made to trial court to refer matter to Supreme Court ” applicant not entitled to apply directly to Supreme Court
The applicant was on trial at the regional court on various criminal charges. Before the trial had reached the stage of the prosecution case being closed, the applicant lodged an application with the Supreme Court alleging that the statutory provisions under which he was being charged offended against the presumption of innocence. He had not made any application to the trial court under s 24(2) of the Constitution.
Held, that resort to this procedure was impermissible. The applicant should have requested the trial court to refer the constitutional issue to the Supreme Court. If the request had been refused, he would only have been entitled to raise the constitutional issue in the event of conviction, as a ground of appeal.
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