Zimbabwe Rule of Law Journal |63 for protection, a study of the legal protection of minority languages and linguistic minorities presents African states with useful criteria they can use to balance different linguistic interests in their territories. Fourth, the legal protection of language rights contributes towards the preservation of the identity of language speakers. In Africa, identity is linked to language. Webb and Kembo-Sure argue that in Africa, “people are often identified culturally primarily (and even solely) on the basis of the language they speak.”25 Examples include the Tonga, Ndebele and Shona in Zimbabwe. Constitutional recognition of language rights therefore aids the preservation of the identity of linguistic minorities. This is especially significant in view of Henrard’s contention that the right to identity26 has been regarded as part of the “peremptory norms of general international law”27 used to protect minorities.28 The preceding discussion therefore indicates that there is merit in studying about the legal protection of language rights in Zimbabwe. Because Zimbabwe has not yet developed language rights jurisprudence, the paper uses international and foreign comparative law jurisprudence in its analysis. The analysis also takes into account constitutional values in order to preserve the Constitution’s normative unity or value coherence.29 The constitutional values include the principles of accommodation of diversity, multilingualism, fundamental human rights30 25 V Webb & Kembo-Sure (eds) op cite note 3 at 5. 26 The right to identity is impliedly provided for in article 27 of the ICCPR and explicitly enshrined in article 1 of the 1992 Declaration on Minorities and article 1 of the UNESCO Declaration on Race and Racial Prejudice. 27 Henrard (n 10 above) who argues that the Badinter Arbitration Commission, established in 1991 by the European union in the wake of the break-up of Yugoslavia (Council of Ministers, EU, Joint Declaration on Yugoslavia, 27 August 1991. Opinion no 2, 20 November 1991) explicitly recognised that the right to identity of minorities is part of the ‘peremptory norms of general international law.’ 28 P Thornberry, “The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities: Background, Analysis, Observations and an Update” in A. Phillips & A Rosas (eds), Universal Minority Rights (1995) 392 argues that the right to identity is sometimes regarded as constituting the whole of “minority rights.” 29 See Executive Council of the Western Cape Legislature v President of the RSA 1995 4 SA 877 (CC) para 204 &S v Mhlungu 1995 3 SA 867 (CC) paras 45, 105. SA Constitutional Court jurisprudence in MEC for Education, KwaZulu-Natal v Pillay 2008 1 SA 474 (CC) paras 63-64 & De Reuck v Director of Public Prosecutions, Witwatersrand Local Division 2004 1 SA 406 (CC) para 55 has established that constitutional values are mutually interdependent and that collectively they form a unified, coherent whole. 30 Section 44 of the constitution places an obligation on the state to respect, protect, promote and fulfil rights enshrined in the constitution. It provides that ‘The State and every person, including juristic persons, and every institution and agency at