Zimbabwe Rule of Law Journal |73
official publications as well as in legislation and in the proceedings and records of the legislature.49 In
countries where more than one official language must be used, their use as a general rule is provided
for through constitutional provisions, legislation, regulations, guidelines and case law.
One way of interpreting s 6 is to use the values of multiculturalism, inclusive linguistic diversity,
equality, human dignity and to take into account international law as required by s 46(1)(c). Such
a wide interpretation would place an obligation on Zimbabwe to use all the 16 officially recognised
languages. Such an interpretation is in line with s 63(a) of the Constitution that affords everyone the
right to use the language of their choice.
Of course, practicality and financial considerations need to be taken into account to determine which
languages are used where. It would be impossible to use all the 16 languages in government business
in all the 10 provinces in Zimbabwe. On this score there are a number of practical challenges that
could arise in implementing s 6(1) of the Constitution, if this is the objective. First, some of the 16
languages (like Koisan, Nambya, Sign Language, Chibarwe, etc) are not developed enough for them
to be used for government purposes. Further, there is a huge financial cost associated with using all
the 16 recognised languages as the languages of record in all the 10 provinces. The cost lies in the
development of the languages and translation of all official records into the 16 languages. The state
would need to progressively develop some of the undeveloped official languages before they can be
effectively used in government business.
Suffice to mention that s 6(3) does not provide for equal treatment of official languages in terms of use
but for equitable treatment. According to Currie, equitable treatment is treating all official languages in
a just and fair manner in the circumstances.50 Applied in the Zimbabwean context, these circumstances
will include “language preferences of people affected by governmental measures or communication.”
49 MW Wenner ‘The politics of equality among European linguistic minorities’ in RP Claude (ed) Comparative human rights
(1976) 184 193.
50 I Currie & J de Waal The Bill of Rights Handbook 6th Edition (2014).
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