denied the right to stand as President and alleges that in any event such facts have no relevance to the matter at hand. It nevertheless argues that the said amendment was constitutional, justifiable and not in violation of the Charter. 54. In the matter of Zambia Democratic Congress v The Attorney General (SCZ Appeal No: 135/1996), the Zambia Supreme Court was petitioned to declare the then proposed amendments to the Constitution unconstitutional in that the amendments contained in Articles 34(3)(b) and 35(2) of the Constitution (Amendment) Act bar persons qualified to stand for election as President of the Republic under the 1991 Constitution and deny them the right to participate fully without hindrance in the affairs of government and shaping the destiny of the country and undermine democracy and free and fair elections which are the basic features of the Constitution of 1991. 55. It is alleged that the matter was rushed through parliament by the ruling party and enacted into law while the legal and constitutional principles were before the courts for adjudication. In the event, the court dismissed the appeal for the reason that the petition was "attacking an Act of Parliament on the ground that it violated Part III of the Constitution relating to Fundamental Rights. We are satisfied that the application was commenced by a wrong procedure and that in our jurisdiction the application was untenable" (per Sakala JS at 292). 56. The following provisions of the African Charter have relevance: Article 1: The Member States of the Organisation of African unity parties to the present Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them. Article 2: Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national or social origin, fortune, birth or other status. Article 3: 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. Article 13: 1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.