Page:Constitution of Rhodesia, 1965.pdf/55

 (2) If in any proceedings in the general division of the High Court or in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of the said sections 66 to 77, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the appellate division of the High Court, so, however, that he shall not be required to comply with any such request which in his opinion is merely frivolous or vexatious. (3) Where in any proceedings such as are mentioned in subsection (2) of this section any such question as is therein men- tioned is not referred to the appellate division of the High Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those proceedings, no application for the determination of that question shall lic to the appellate division of the High Court under subsection (1) of this section. (4) The appellate division of the High Court shall have original jurisdiction- (a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and (b) to determine any question arising in the case of any person which is referred to it in pursuance of sub- section (2) of this section, and for the purposes of that jurisdiction or of the determination on such an appeal as is mentioned in subsection (3) of this section of any question such as is therein mentioned, the appellate division of the High Court may make such orders, issue such writs and give such directions as it may consider appropriate for the pur- pose of enforcing or securing the enforcement of any of the pro- visions of the said sections 66 to 77 to the protection of which the person concerned is cntitled Provided that the court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law (5) Where any person- (a) makes an application to the appellate division of the High Court under subsection (1) of this section with respect to, or to a provision contained in, a written law and that law or provision is one in the case of which the Constitutional Council has made an adverse report; or 59 52