democracy. It is open to expert opinions on the issue, and will continue to listen to views expressed on it. 39. Zambia views the complaint filed by the Legal Resources Foundation as an opinion on the Constitution. The variance of opinion of the Complainant from that of the majority therefore is in accordance with democratic principle of freedom of opinion. Despite this difference, democracy entails the rule of the majority. Hence the amendment to the Republican Constitution incorporating the views expressed in the Mwanakatwe Commission of inquiry Report for an indigenous Zambian to hold Office of President. 40. Zambia is prepared to co-operate with the Commission and to elaborate further on the issues, if necessary. ADDITIONAL ARGUMENTS FROM THE RESPONDENT STATE TO ITS INITIAL RESPONSE 41. The Government avers that although the communication is vague as to the details of the judicial process that was exhausted, Zambia would however assume that the issues raised by the Complainant were finally settled by the Supreme Court in Zambia Democratic Congress and the Attorney General SCZ Appeal No. 135/96, SCZ Judgement No. 37/99. 42. The Zambian Parliament has the power to adopt an alteration to the Constitution and the President may assent to a Constitution that has been altered. However, if Parliament had amended the entire Constitution, there would have been a mandatory need for a national referendum in respect of Article 79 and Part III of the Constitution, which contains the Bill of Rights. 43. The Government contends that the powers, jurisdiction and competence of Parliament to alter the Constitution of Zambia are extensive provided that Parliament adheres to the provisions of Article 79 of the Constitution. The constitutional history of Zambia has shown that the alteration of the Constitution has depended on who controls the majority in Parliament. The ruling Party dominated Parliament could therefore adopt the altered Constitution. 44. All individuals in Zambia are equal before the law and everyone enjoys the protection of his/her human rights and fundamental freedoms as provided for by the law. 45. Zambia abhors any type of discrimination. Article 23(1) of the Republican Constitution provides that: Subject to clauses (4), (5) and (7) a law shall not make any provision that is discriminatory either of itself or in its effect. This Article, however, needs to be read and understood with the provision of Article 23(5), which states that: Nothing contained in any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that it makes reasonable provision with respect to qualifications for service as a public officer. 46. The Government points out that it is in this context that Zambian people were of the view that it was reasonable for the Office of the President to be subject to other qualifications i.e. an indigenous Zambian candidate of traceable descent. Therefore there was no contravention of Article 2 of the