and rules of evidence are vigorously applied (however, the court may sit in camera; in certain cases such as those involving juveniles). During the trial the accused has the right either personally or through his or her lawyer to cross-examine the prosecution witnesses. The accused also has the right to remain silent, testify on oath or make an unsworn statement in his or her own defence and may call witnesses in his or her defence. 76. In civil matters an aggrieved party is at liberty to institute proceedings before a court of competent jurisdiction. Normally civil proceedings are instituted by writ of summons, petition or notice of motion. In civil matters both the plaintiff and the defendant are at liberty to call witnesses. 77. The State party aims to provide access of legal services to the socially and economically disadvantaged persons in society. In this regard a person whose means are inadequate to enable him or her to engage a private legal practitioner may apply for and be granted legal aid in civil and criminal matters in terms of the Legal Aid Act, Chapter 34 of the Laws of Zambia. A person charged with a serious criminal offence is automatically granted legal aid unless that person is able to retain the services of a private legal practitioner. In 2000, the Legal Aid Act was amended to provide for a Legal Aid Board and a Legal Aid Fund. Private legal practitioners may in addition undertake the representation of legally aided persons for a small fee. The fee is met under a Legal Aid Fund established for the purpose. This was done in an attempt to improve legal aid, due to various constraints experienced by the Legal Aid Department, which was unable to cope with the huge number cases. 48

Select target paragraph3