Zimbabwe Rule of Law Journal |85 Section 63 of the Constitution protects the use of languages in cultural activities and, essentially, protects linguistic identity.107 Again, ‘the sliding scale approach’ could be used to determine which language is used for which cultural expression. 3. Promotion of Use and Development of All Languages In Zimbabwe Section 6(4) of the Constitution provides for the promotion of use of all languages (official and non-official) spoken in Zimbabwe and, in the process, obliges the state to create conditions for the development of all these languages. The promotion of language use is yet to be defined and given meaning by the Constitutional Court. Section 6(4) essentially obliges the state to promote the use of all languages but not to actually use all the languages. There is a vast difference between promotion of use of language and actual use of language. According to De Varennes,108 there are five distinctions between promotion of the use of an official language and the actual use of an official language. The first distinction is that in the promotion of the use of an official language, the state may or may not use the language concerned whereas use of an official language obliges authorities to actually use the language as prescribed. Second, with promotion of the use of an official language, the actual use is decided by Administrative or Political Branches of State Apparatus. What is sufficient in terms of promotion is largely permissive (with the usual exception of public education) and determined politically. On the other hand, use of an official language is mandatory and it is usually required by the constitution or legislation. Third, for the promotion of the use of an official language, the remedies are usually political or 107 Such an approach is consistent with Clause 1.0 of the Cultural Policy of Zimbabwe which provides that ‘People, unlike other living life on earth, have an identity and the main characteristic of this identity is language, which is a God given fit to mankind. Zimbabweans speak a variety of indigenous languages and to add to these languages they also use English. All these languages are important as a means of communication. The languages are a strong instrument of identity be it culturally or otherwise. With language, one has a powerful tool to communicate joy, love, fear, praise and other values. With language we are able to describe cultural issues, effect praise, values and norms. With language you can thwart conflicts, engage in fruitful discourse and foster growth on the spiritual, physical and social state of a being.’ 108 F de Varennes ‘Draft report on international and comparative perspectives’ op cit note 32 at 55.