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Section A: 2: Cultural and Linguistic Heritage:

Cultural Identity:

This refers to the distinct customs, beliefs, arts, values, and social behaviors that are passed down through generations. It includes: 

  • Traditional dress and symbols
  • Rituals, celebrations, and festivals
  • Shared moral systems or worldviews
  • Cuisine, music, and dance
  • Storytelling and oral history  

 Cultural identity creates a sense of belonging and frames how a community understands itself and its history. 

Linguistic Identity

 Linguistic identity involves the shared use and preservation of a language or dialect, which often serves as a core part of a group’s self-understanding. It may involve: 

  • A distinct mother tongue or home language
  • Use of the language in schools, religious practices, or governance
  • Preservation efforts (e.g., dictionaries, media, translation of texts)
  • Recognition of the language as part of a group’s collective heritage 

Language is both a communication tool and a marker of belonging.   

Traditional Identity

Traditional identity refers to customary practices and systems of governance or law that have  been maintained over time. This includes:  • Traditional leadership structures (chiefs, councils, elders)  • Customary law and conflict resolution methods  • Clan or tribal affiliations  • Land use patterns rooted in tradition  • Roles and responsibilities determined by age, gender, or lineage  This type of identity often underpins communal norms and governance models passed down  historically.  In the context of Section 235, these identities:  • Must be shared by a group or community, not just individual beliefs.  • Can form the basis for collective recognition, autonomy, or self-determination within  South Africa's legal framework.  • Are protected insofar as they are consistent with the Constitution and the Bill of Rights. 

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