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L.M/ MFAILAJUSTICE OF APPEALI certify that this is a true copy of the original.M.S. SHANGALIDEPUTY REGISTRARRight of Access to JusticeDoor on matters of enforcement of the basic human rights enshrined in theConstitution. This has been through enactment of Basic Rights and DutiesEnforcement Act, 1994, 20 An Act which introduced very cumbersome procedurein human rights enforcement in the country. Originally, when the Bill of Rightswas legislated in the Constitution in 1984; it brought in Article 30 (3) whichopened a new arena for aggrieved persons and those likely to be aggrieved tobring action in the High Court. Procedure relating to sub-article (3) are to beregulated by an Act of parliament. It was until 1994 when such a law wasenacted. Its absence however, did not make the High Court hesitant to invokethe jurisdiction conferred upon by Article 30 (3). The procedure which wasadopted suo motu by the High Court had been cruised as bogged down bytechnicalities. One would expect the new law to cure this anomaly by followingexamples from persuasive jurisdiction but to our bewilderment the Act rails off theintended policy of Article 30 (3) and the Bill of Rights in general.In relation the right to sue the government, in order not to be surprised by thelitigants, The Government Proceedings (Amendment) Act, 1994 requires annotice of the intention to sue the Government t obe given not less than ninetydays before.Peter Ng’omangoVersusGerson M.K Mwangwa and AnotherThe plaintiff, Peter Mgomango filed a suit against the principal of MpwapwaTeacher’s college, Mr. Gerson M.K.Mwangwa claiming shs. 2,201,762/= asdamages for malicious prosecution and defamation. The defendant applied tohave the government joined as co-defendant simply because he was a publicservant but the application was rejected by the court . Then the State Attorney I/c266