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.
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