legislation disregards all procedural safeguards against arbitrary arrests and prolonged detention considering also that for under POTA, a person can be detained indefinitely at the will of the law enforcement and executive officers. They thus implored for the petition to be granted with costs. In reply, Mr Nyakiha, learned State Attorney invited us to take note of a significant difference on how fundamental rights and fundamental duties are dealt with under Part III of the Constitution as opposed to other Constitutions including that of India which separately deal with the two distinct components under Part III and Part IVA of the Indian Constitution. He said, by placing the basic rights under one Part, the Constitution has symbolic expression of constitutionally recognizing co-existence of the individual human being and society as well as co-existence of rights and duties of an individual and the society. Both rights and duties under Chapter III of the Constitution must be read in unison and not in isolation as they complete each other. However, he stressed that, in effect, co-existence of individuals and the society and of the rights and duties of individuals on one hand and the collective or communitarian rights and duties of the society on t the other, means that the rights and duties of individuals are limited by the rights and duties of the society and vice versa, hence, the provisions of articles 29(5) and 30(1) of the Constitution which provide that: "29(5) For the purposes of the better enjoyment by all persons of the rights and freedoms specified in this Constitution, every person shall so conduct himself and his affairs as not to prejudice the rights and freedom of others or the public interests". "30(1) The rights and freedoms whose basic content have been set out in this Constitution shall not be exercised by any person in such a manner as to occasion the infringement or termination of the rights and freedoms of others or the public interest." Page 7 of 37