This matter is before me pursuant to Section 9(3) of the Courts
Act, the Applicant seeking referral thereof to the High Court,
sitting as a constitutional court, for determination of several
issues that are considered to expressly and substantively relate to or concern the interpretation or application of provisions of
the Constitution.
The Applicant, Former Head of State of this Country, and Violet
Whisky are jointly on trial before the High Court on criminal
charges under the Corrupt Practices Act. In the course of the
proceedings the Applicant made an application to have the
matter referred for constitutional interpretation pursuant to
Section 9(2) of the Courts Act, alleging that the whole trial
against him perverts the Constitution in many respects but in
particular Section 42, on the right to a fair trial, Section 88(1),
on the Responsibility of the President in upholding the
Constitution and Section 101(2) on the independence and
exercise of powers conferred on the Director of Public
Prosecutions.
