This is the most commonly misused section. It is frequently cited to justify discriminatory cultural practices. However, subsection (2) is absolute: cultur...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 31 Says
(1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community— (a) to enjoy their culture, practise their religion and use their language; and (b) to form, join and maintain cultural, religious and linguistic associations and other organs of civil society. (2) The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.
What This Means for You
Plain-Language Explanation
Practical Significance
This is the most commonly misused section. It is frequently cited to justify discriminatory cultural practices. However, subsection (2) is absolute: cultural and religious rights cannot override the rest of the Bill of Rights. Equality, dignity, and the rights of children always prevail.
Common Questions
Frequently Asked Questions
Can a cultural community expel or punish a member for exercising constitutional rights?
Not lawfully. Section 31(2) is absolute: cultural and religious rights cannot override the rest of the Bill of Rights. Ostracism or punishment for exercising constitutional rights (such as marrying outside the community or leaving a religion) may itself constitute a rights violation.
Does Section 31 protect the right to practice lobola?
It protects the practice of lobola as a cultural tradition. However, if lobola is used as a mechanism to compel a woman into marriage or to treat her as property, it conflicts with her rights to dignity (Section 10), freedom (Section 12), and equality (Section 9) — which prevail.
The Advocate gives you 149 real South African scenarios — with exact rebuttals grounded in the Constitution, statute law, and Scripture. Know your rights. Know your word.