Martin v Attorney General & Anor 1993 (1) ZLR 153 (S): test of whether a referral is frivolous or vexatious or not had to be determined by applying conscientious and objective thought to the question

Gubbay CJ:

Applicant who was charged with contravening the Prevention of Corruption Act 1985 requested the Magistrate to refer the matter to the Supreme Court in terms of 24(2) of the Constitution. The Magistrate placed the applicant on remand, on bail, holding that the request to refer the matter was frivolous and vexatious. The applicant applied directly to the Supreme Court for in terms of 24(1) for relief.

Held that the test of whether a referral is frivolous or vexatious or not had to be determined by applying conscientious and objective thought to the question. Held further that since the Magistrate had not applied the proper approach, the application was properly before the Supreme Court as the remand was a breach of 18(1) of the Constitution, and the deprivation of the application of his passport was a breach of 22 of the Constitution.

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