78 | Zimbabwe Rule of Law Journal afforded the equal protection of the law as stipulated in s 56(1). To remedy this discrimination, the State could introduce affirmative action measures in the form of remedial or restitutive measures71 as provided for in s 56(6) to ensure that all the 15 languages are used in education. The remedial dimension of substantive equality (affirmative action) should be used to elevate the status of and advance the development and use of historically diminished languages.72 It can be argued that forcing other official language speakers to learn in English, Shona or Ndebele may be regarded as inhuman, degrading and derogatory contrary to the provisions of s 53 of the Constitution. This is especially so considering that, in Africa, language is viewed as a form of identity and as a vehicle of culture.73 By learning in the three majority languages, minority language speakers lose their identity and culture. Accordingly, s 62 of the Education Act could be amended to ensure that there is equitable treatment of languages. Section 62(2) of the Education Act provides that “... In areas where indigenous languages other than those mentioned in subsection (1) are spoken, the Minister may authorise the teaching of such languages in schools in addition to those specified in subsection (1).” This subsection potentially opens room for mother tongue education in minority languages in areas where that language is spoken at the discretion of the Minister of Education.74 It does not specify the 71 National Coalition for Gay and Lesbian Equality v Minister of Justice 1999 1 SA 6 (CC) paras 60-61; Minister of Finance v Van Heerden 2004 6 SA 121 (CC) para 30. 72 Minister of Finance v Van Heerden 2004 6 SA 121 (CC) para 23. See also para 31 states that only by means of a positive commitment “progressively to eradicate socially constructed barriers to equality and to root out systematic or institutionalised under- privilege” can the constitutional promise of equality before the law and its equal protection and benefit be realised. 73 Webb & Kembo-Sure op cit note 3 argue that in Africa “people are often identified culturally primarily (and even solely) on the basis of the language they speak.” 74 The other sections that give the minister of Education a wide discretion are sections 62(3) and (4) of the Education Act. Section 62(3) of the Education Act states that “...The Minister may authorise the teaching of foreign languages in schools.’ In practice, French, Portuguese, Chinese, Arabic has been taught in schools. Similarly, s 62(4) makes it clear that ‘... Prior to form 1, any one of the languages referred to in subsection (1) and (2) may be used as the medium of instruction, depending upon which language is more commonly spoken and better understood by the pupils.”