Zimbabwe Rule of Law Journal |89 legislation,119 common law120 and customary law121 that is impersonal,122 applies equally to all and is not arbitrary in its application. Second, the law of general application should be fair, reasonable, necessary and justifiable123 in an open and democratic society that is based on openness, justice, human dignity,124 equality and freedom. This requirement introduces the proportionality principle which is considered as central to a constitutional democracy.125 Section 86(2) of the Constitution lists six factors that are used to determine proportionality. The first is the nature of the right or freedom. Here, courts should balance the importance of the language right against the justification of its infringement. Use of a language in government business is arguably very important to the preservation of linguistic identity and access to public service than any justification of its limitation. Courts are likely going to apply a high threshold before accepting any limitation to this right. The second factor is the purpose of the limitation. Section 86(2)(b) indicates that the limitation should be ‘...necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest.’ The Constitutional Court is yet to be seized with matters that will see it formulating jurisprudence in this regard. The third factor is the nature and extent of the limitation. Zimbabwean Courts have not yet decided 119 It includes Acts of Parliament and delegated legislation. See Larbi-Odam v MEC for Education (North West Province) 1998 1 SA 745 (CC) 27. 120 Policy, practice and contractual provisions do not qualify as law of general application. See Hoffmann v South African Airways 2001 1 SA (CC) 41 and Barkhuizen v Napier 2007 5 SA 323 (CC) 26. 121 Du Plessis v De Klerk 1996 3 SA 850 (CC) 44 & 136. 122 Islamic Unity Convention v Independent Broadcasting Authority 2002 4 SA 294 (CC). 123 GE Devenish The South African Constitution (2005) 181 says the limitation should be reasonable and proportional. 124 Section 86(3)(b) of the Constitution makes it clear that human dignity is one of the rights that cannot be limited. 125 DM Beatty Ultimate Rule of Law (2005) 163 argues that “[t]he fact is that proportionality is an integral, indispensible part of every constitution that subordinates the system of government it creates to the rule of law. It is constitutive of their structure, an integral part of every constitution by virtue of their status as the supreme law within the nation state.”