Zimbabwe Rule of Law Journal |87 De Varennes110 argues that there are three basic mechanisms that should be put in place for the effective implementation of language rights. The first refers to legal mechanisms111 where constitutional provisions on the use of two or more official languages by authorities are elaborated upon through legislation, regulations, directives and guidelines.112 Courts also play a significant role in clarifying these provisions through interpretation. Language legislation should eliminate discrimination based on language, enable minority language speakers to conserve their linguistic characteristics, and allow peaceful interaction with the majority. Language legislation must give members of the minority group the opportunity to deal with the majority in a way that conserves their linguistic distinction. The current absence of such legislation in Zimbabwe deprives content to the exact scope of official language status and deprives speakers of official languages of practical measures for the implementation of their rights. The second refers to administrative mechanisms where government sets up institutions to guide, co-ordinate and oversee the implementation of the use of official and non-official languages. Zimbabwe needs administrative institutions to help oversee the implementation of use of official and non-official languages in government and the development of all languages. Such institutions can be built along the lines of the PAN South African Language Board or a specific language commission or a generic Arts and Culture Commission suggested by s 142 of the National Constitutional Assembly Draft Constitution.113 110 F de Varennes ‘Draft report on international and comparative perspectives’ op cit note 32 at 47. 111 G Turi ‘Typology of language legislation’ in TS Kangas et al (1994) Linguistic human rights: overcoming linguistic discrimination 111-120 argues that “... the fundamental goal of all legislation about language is to resolve the linguistic problems which stem from...language conflicts and inequalities by legally establishing and determining the status and use of the concerned languages.” 112 The need for language specific detailed legislation is even more necessary in Zimbabwe where there is currently no case that has been decided on language rights in the new constitution. 113 Section 142 of the NCA Draft Constitution provides that “An Act of parliament must provide for the establishment, powers and functions of an Arts and Cultural Commission.”

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