29 The Court’s Ruling on the preliminary objection on jurisdiction Temoporal jurisdiction of the Court 84. The only point on which the Court’s jurisdiction is challenged is based on the fact that the conduct complained of, namely, the barring of independent candidates, occurred before the Protocol came into operation. This argument cannot be upheld. The rights alleged to be violated are protected by the Charter. By the time of the alleged violation, the Respondent had already ratified the Charter and was therefore bound by it, The Charter was operational, and there was therefore already a duty on the Respondent as at the time of the alleged violation to protect those rights. At the time the Protocol was ratified by the Respondent and when it came into operation in respect of the Respondent, the alleged violation was continuing and is still continuing: independent candidates are still not allowed to stand for the position of President or to contest Parliamentary and Local Government elections. Furthermore, the alleged violations continued beyond the time the Respondent made the declaration in terms of Article 34(6) of the Protocol. Material and Personal Jurisdiction of the Court 85. Article 3(1) of the Protocol confers jurisdiction on this Court to hear matters concerning the alleged violation of human rights; the Article reads: