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This refers to the distinct customs, beliefs, arts, values, and social behaviors that are passed down through generations. It includes:
Cultural identity creates a sense of belonging and frames how a community understands itself and its history.
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:
Language is both a communication tool and a marker of belonging.
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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