J4 Counsel Article of the legality or constitutionality the determination the of (2) 28 to have the matter referred to the High Court for of Zambia Constitution under applied then Applicants the for 67 (1) of Court any of Section the Penal, Code. Article 28 (2) of the Constitution provides thus: question arises as to the contravention Court to 11 of Articles may, and refer requests, the opinion shall the if any to question of raising person party to High the is question the of any of the provisions the inclusive, 26 Subordinate in any proceedings If in any “28 (2)(a) the that in presiding proceedings so in his frivolous or unless, Court merely vexatious.” The learned trial Magistrate, the merit and determination Both before parties support accordingly referred of the very Constitutional Court lengthy 2014, the the said submissions, which account in arriving at my decision. found the to the as from application High Court the to for issue. spirited this Court, submissions, written, in support of their respective positions. for well matter as well as before and as application, the of 5th March the lower made of Ruling in his prosecution have in Applicants from Counsel for after hearing submissions I have I am Counsel both for the oral and grateful to Counsel considered and taken into