62 | Zimbabwe Rule of Law Journal restricted other minority languages.12 Such language policies invariably led to linguistic assimilation,13 linguistic loss and discrimination against linguistic minorities.14 Third, most linguistic minorities are numerically inferior, politically non- dominant, poor and socially vulnerable. They require the assistance of the law to protect their rights in a functioning ethnolinguistic democracy. S v Makwanyane and Another established that democracy demands that the law protects vulnerable (linguistic) minorities who are unable to protect themselves due to their numerical inferiority.15 In a continent awash with states that claim to be democratic16 and have numerous linguistic minority groups,17 (for example, over 250 in Nigeria,18 over 200 each in Sudan19 Chad20 and Cameroon,21 more than 100 in Tanzania,22 over 20 in Zimbabwe23 and over 15 in South Africa),24 all clamouring 12 It is interesting to note that A Bamgbose Language and the nation: The language question in Sub Saharan Africa (1991) identifies two approaches to minority language rights. The first is the language-as-a-problem orientation and it favours a single language and attempts to restrict (and sometimes annihilate) the role of minority languages. The second is the languageas-a-resource orientation that sees all languages as useful cultural and identity resources that need to be accommodated to foster strong, representative and sustainable unity. This thesis supports the latter orientation. 13 S May ‘Uncommon languages: The challenges and possibilities of minority language rights’ (2000) 21(5) Journal of Multilingual and Multicultural Development 366 369 describes the process of linguistic assimilation as that involving a. introduction of majority language replaces the functions of a minority language, b. linguistic minorities shifting to speak the majority language. This shift has three processes that include i) pressure to speak a majority language in the formal domain, ii) lesser use of minority language and ii) the replacement of a minority language with a majority over two or three generations. 14 See J Blommaert ‘Language policy and national identity’ in T Ricento (ed) An introduction to language policy: Theory and method (2006) 10; N Dorian ‘Western language ideologies and small-language prospects’ in L Grenoble & L Whaley (eds) Endangered languages: Language loss and community response (1998) 3–21. The concept of discrimination is explored in the definition section of this Chapter. 15 State v T Makwanyane and M Mchunu 1995 3 SA 391 (CC) argues that “[t]he very reason for.... vesting the power of judicial review of all legislation in the courts was to protect the rights of minorities and others who cannot protect their rights adequately through the democratic process. Those who are entitled to claim this protection include the social outcasts and marginalized people of our society. It is only if there is a willingness to protect the worst and the weakest amongst us, that all of us can be secure that our own rights will be protected.” 16 See S Dersso & F Palermo Minority rights in M Tushnet et al (eds) Routledge Handbook of Constitutional Law (2013) 162. 17 A Lodhi ‘The language situation in Africa today’ (1993) 2(1) Nordic Journal of African Studies 79 81 argues that Africa has at least 2 000 languages spoken in its 54 countries. 18 J Maxted & A Zegeye ‘North and Central Africa’ World directory of minorities (1997) 405- 408. 19 See RK Hitchcock ‘Human rights and indigenous peoples in Africa and Asia’ in DP Forsythe & PC McMahon (eds) Human rights and diversity (2003) 209. 20 Maxted & Zegeye (n 18 above). 21 Dammers & Sogge ‘Central and Southern Africa’ in World directory of minorities (1997) 479. 22 See RE Howard Human rights in Common Wealth Africa (1986) 97. 23 Section 6 of the Constitution recognizes 16 languages. 24 Section 6 of the Constitution recognizes 11 languages and also lists the San and Koi languages.