Issued by Daniela Ellerbeck and Lusanda Mahkuntsu on behalf of the FW de Klerk Foundation on 08/10/2025

Introduction

Did you know the Constitution guarantees your cultural rights? To mark Heritage Month, the FW de Klerk Foundation released its Cultural, Religious and Linguistic Rights Report Card, 2025, which looks at how well these rights are being enjoyed in practice.

The Constitution protects two key aspects:

• Your individual right to participate in the culture of your choice (section 30); and
• The right of cultural communities to enjoy their culture and form associations (section 31).

This communal aspect is important, because cultural, religious and linguistic rights by their very nature are exercised by individuals together as a community.

Diversity is a Key Strength, Not Weakness

South Africa is rich in diversity – a nation of many different cultures, beliefs and languages. The Preamble reminds us that “South Africa belongs to all who live in it, united in our diversity”: The Constitution celebrates diversity, it does not fear it.

Diversity is not a weakness – it is one of South Africa’s greatest strengths. It gifts us the creativity to produce original ideas. Although uniformity may be easier, it is not better for problem solving and we should be weary of stepping into the snare of labelling those different to us as “them” and blaming “them” for all our problems. One of the key characteristics of a free and open society is protecting diversity.

The Right to Participate in the Cultural Life of One’s Choice

Living out our cultures publicly celebrates our nation’s diversity. Celebrating someone else freely living out their culture publicly, granting them the same freedom that we wish to enjoy, builds unity. Freedom is essential to human dignity and by celebrating that person’s freedom to live out their culture publicly, we recognise their dignity.

South Africa is also changing: The 2022 census showed that 11,4% of all households are now multiracial households, reflecting new dynamics in cultural identity. Celebrating culture is a way to navigate these changing dynamics.

Protecting Life While Honouring Tradition

The Constitution guarantees cultural rights, but it also makes sure those rights are exercised within the framework of the Bill of Rights. This protects everyone and ensures that all cultural practices operate within constitutional limits by never overriding basic human rights.

Take customary initiation for example. This sacred rite of passage for many marks the transition from boyhood to manhood. However, illegal initiation schools have caused injuries and even deaths.

This has led to the Customary Initiation Act, 2021’s regulation of customary initiation to transform it into a practice that protects initiates’ rights. Such as their rights to life, bodily and psychological integrity, enjoy their culture and to be protected from maltreatment, neglect, abuse or degradation.

In the North West, the provincial government rolled out awareness campaigns about the Act’s norms and standards within which customary initiation must take place in direct response to a surge of illegal initiation schools, which had resulted in the loss of six lives and the rescue of over 100 initiates. At the start of the year, the national Department of Cooperative Governance and Traditional Affairs (“COGTA”) also launched the Safe Customary Initiation Awareness Campaign to eliminate initiate deaths and injuries during the initiation season. Similarly, the Limpopo COGTA department introduced stricter measures, such as the vetting of traditional surgeons and principals, to prevent fatalities.

Conclusion

Living out our cultures celebrates our diversity and strengthens the right to dignity for all South Africans. It is also a way to harness our greatest strength. For more information on the health of this important right, see the FW de Klerk Foundation’s Cultural, Religious and Linguistic Rights Report Card, 2025.