otherwise of national laws. Where the Commission finds a legislative measure to be incompatible with the Charter, this obliges the State to restore conformity in accordance with the provisions of Article 1 (cf Zanghi v Italy, 194 Eur Ct HR (Ser A) 48 (1991). 69. It is stated further that the limitation of the right is provided for in the Zambian Constitution and that it is justifiable by popular will in that, following the work of the Mwanakatwe Commission on the Constitution, it was recommended that the Zambian people desired "to save and preserve the Office of the President for Zambians with traceable descent..." Regarding the claim that the measure deprived some 35% of Zambians of their rights under the previous Constitution, counsel for Respondent State dismisses this as mere speculation. 70. The Commission has argued forcefully that no State Party to the Charter should avoid its responsibilities by recourse to the limitations and '‘claw-back'' clauses in the Charter. It was stated following developments in other jurisdictions, that the Charter cannot be used to justify violations of sections of it. The Charter must be interpreted holistically and all clauses must reinforce each other. The purpose or effect of any limitation must also be examined, as the limitation of the right cannot be used to subvert rights already enjoyed. Justification, therefore, cannot be derived solely from popular will, as such cannot be used to limit the responsibilities of State Parties in terms of the Charter. Having arrived at this conclusion, it does not matter whether one or 35% of Zambians are disenfranchised by the measure, that anyone is, is not disputed and it constitutes a violation of the right[FN4]. -------------------------------------------------------------------------------[FN4] Vide UN Human Rights Committee General Comment No 25 (XXXVII/1996) where it says that "Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence, or descent, or by reason of political affiliation..." (para 15 @ p.127). ------------------------------------------------------------------------------71. The Commission has arrived at a decision regarding allegations of violation of Article 13 by examining closely the nature and content of the right to equality (Article 2). It cannot be denied that there are Zambian citizens born in Zambia but whose parents were not born in what has become known as the Republic of Zambia following independence in 1964. This is a particularly vexing matter as the movement of people in what had been the Central African Federation (now the States of Malawi, Zambia and Zimbabwe) was free and that by Zambia's own admission, all such residents were, upon application, granted the citizenship of Zambia at independence. Rights which have been enjoyed for over 30 years cannot be lightly taken away. To suggest that an indigenous Zambian is one who was born and whose parents were born in what came (later) to be known as the sovereign territory of the State of Zambia may be arbitrary and its application of retrospectivity cannot be justifiable according to the Charter. 72. The Charter makes it clear that citizens should have the right to participate in the government of their country "directly or through freely chosen representatives..." The pain in such an instance is caused not just to the citizen who suffers discrimination by reason of place of origin but that the rights of the citizens of Zambia to "freely choose" political representatives of their choice, is violated. The purpose of the expression "in accordance with the provisions of the law" is surely intended to regulate how the right is to be exercised rather than that the law should be used to take away the right. 73. The Commission believes that recourse to Article 19 of the Charter was mistaken. The section dealing with "peoples" cannot apply in this instance. To do so would require evidence that the effect