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Referral under s24(2) was defective because the magistrate failed to form the required opinion; matter struck off the roll.
Constitutional procedure — Section 24(2) former Constitution — duty of magistrate to form and state opinion whether constitutional question raised is merely frivolous or vexatious — referral defective if no proper analysis or formulation — criminal nuisance charge (para 2(f) v 2(v)) — striking off roll; need for magistrate/prosecutor remedial action.
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