Friday 12 August 2022

 

The crucified Christ – full of sores and muck

Look at this magnificent altar piece commonly accepted that Matthias Grünewald is the artist who painted it between 1510 – 1515. Bear in mind that there was much controversy about who the author was. Is it magnificent? Maybe it is better to describe it as gruesome?

And have a good look at the companion painting telling us the story of Christ’s resurrection; the strong macho soldiers are prostrate before the mighty angels and the momentous historical happening.

The resurrection – Isenheim Altarpiece

I highly recommend you to click on the link and to read the write-up about these paintings and carvings. And to think on it.

I, as a practising lawyer, do not want to get involved in this controversy for a simple reason, I don’t know anything about it. My new found friend, Gert Swart, from Pietermaritzburg in KZN, introduced me to this work of art. Thank you Gert for these two images. He provided the images. He is passionate artist!

There is another reason why I focus on the content of these two paintings: I have accepted these facts to be beyond reasonable doubt of the crucifixion and the resurrection – this is even in the face of all the contrary arguments and more so the modern arguments levelled at this.

Maybe it is settled, by now, that the real author was Matthias Grünewald; and I will accept that proposition. Yes, for the purposes of this write-up, I accept it as such. Having said that, there is always the die-hards who won’t accept it.

Yet, I want to get to another “reading” of these masterpieces – I want to focus on both the crucifixion and the resurrection depicted in these two paintings. I suggest to you that there are different ways to read a painting or a sculpture or a piece of literature.

When I listen to radio broadcasts, watching the news on TV and listening to conversations of friends, and people in the street, I am acutely aware that our society [that is locally and internationally] is terminally ill. Mathias’ crucified Christ reminds us about that as well.

When I refer to the conversations on the street, I am also reminded about Svetlana Alexievch’s book SECONDHAND TIME: here is an essay: click here. She wandered through the streets of Moscow and her home town Belarus with an old-fashioned tape recorder to record these street conversations – eventually she wrote it down and she was awarded the Nobel Peace Prize for literature. I agree with the judges who awarded her that Prize.

And of course, this award was attacked and criticised and it was shot down, so to speak. Once again, a controversy broke out about this award; fortunately, the judges remained steadfast and proceeded with the ceremony.

Controversy, controversy, controversy – that is the spice of life. Controversy is as ubiquitous as is your cup of coffee! I am of the view that the first controversy arose shortly after Cain slaughtered his brother Abel; or it may have been somewhat earlier on between Adam and his wife, Eve, about her generous offer to eat a forbidden fruit? And this state of affairs is remains with us throughout history. It seems as if we always get distracted from the message and we focus on the “controversy.” Today I am going to focus on the message and not the so-called controversy; what is the message of this altar piece? I suggest to you that it is abundantly clear and unambiguous.

Now you might say to me that the crucifixion as well as the resurrection are hugely controversial? And you are spot on – and it is not done yet. Up to this point of me writing this, the Cross of Christ and His resurrection are riddled with controversy; mostly wild speculation.

I am alive to these difficulties pertaining to the Christ message. Let me take you back to a couple of days after He was judicially murdered and miraculously resurrected, the disciples and other like-minded people were behind closed doors when the Apostle Peter delivered a poignant and timely message. And we are very fortunate to still have it with us and it is recorded in The Book of the Acts of the Apostles chapter 1 verse 12.

That was breaking news: an innocent man was murdered, declared dead by a Roman soldier who was not a stranger to death, who was buried, and after three days, the dead man was no longer in the grave – the very same grave that was secured by a large stone and hurly-burly Roman soldiers, obviously armed to the teeth, watching over it that nobody would tamper with the grave or even more importantly with the body. He is no longer in that grave and it was not because the Jews stole the body. No – it was not like that at all. And we are confronted with those events to today. My literature tells me that the people at that time were discussing it vehemently: some accepting it and others disputing it.

The Jews still tell this far-fetched story that He did not succumb to His mortal wounds; He was actually placed in the grave but was removed from there and taken to France where he was healed. The late Shlomo Piprz told me that “story.” I was really surprised to hear that story that His body was stolen, removed to France where He recovered.

Let’s get back to Mattias’s paintings. Look again at this outstanding [gruesome] painting by Matthias Grünewald – 1500 years after the physical event.

And it is still controversial. St. Paul is very bold in his letter to the Corinthians stating the if you can break the story of the cross, that is the end of Christianity.

I believe that Christ was judicially murdered, and after three days in the grave, He rose from that grave and after some time He ascended to heaven. Why do I insist that it was a judicial killing? The judge Pontius Pilate passed judgement on Christ three times in a row and each time he found Him not guilty and yet, he handed Christ over to be crucified. That is skewed justice, isn’t it?

You want to read about these aspects I referred to? Why do I quote from the Bible itself? The reason is very simple: there are no other documents to quote from. And there are literally thousands upon thousands of fragments left to read. Here are some of my references:

More Evidence that Demands a Verdict: Josh McDowell: it is free to download.

The Works of Josephus: it is free to download.

Eusebius: it is free to download.

The Apostolic Fathers: it is free to download.

Deeds, Councils, And Controversies – Edited by J. Stevenson

A New Eusebius - Edited by J. Stevenson

Early Christian Writings – Penguin Classics

The New Testament: it is free to download.

The Old Testament: it is free to download.

Wednesday 3 August 2022

RAPE OF A 6-YEAR-OLD GIRL CHILD - and the consequences in the court of appeal


Photo taken in my office - see the reflections. I have it since 1978

During October 2019 I had the privilege to act as a Judge of the High Court of South Africa – and I was sitting the High Court of South Africa Gauteng Local Division, Johannesburg. It was a life changing event for me and for my wife.

One of the duties I had to perform was to sit in appeal matters from Magistrate’s Courts in our area of jurisdiction. We, the judges of appeal received all the appeal documents well ahead of the date set down for the argument of the appeal to enable us to read and prepare for the argument. This is a bit of behind the scenes of a life of a judge, albeit as very brief moment. You receive all of the appeal papers and you have to read it very carefully because you are called upon to decide a living person’s future: is that person going to spend his life behind bars in a prison somewhere in our country? Or will he walk out of court a “free man”? Remember if a person is found “not guilty” in court, it does not mean that the court declares that that person did not commit the deed he is accused of. It only means that the State, with all its resources, could not proof his guilt. Nothing less and nothing more. Judges are called upon, inter alia to pass judgement without fear or prejudice.

It was highly interesting to read the appeal documents and the heads of argument that were filed by the appellant and the respondent; the Respondent in this rape case was obviously the State as the protagonist in the criminal matter. It differs from a civil case in which the role players are from completely differing viewpoints. In the instant matter it is a criminal matter and entirely new and different rules apply altogether.

The Appellant’s legal team argues why the Appellant is appealing and what went wrong, according to them, in the trial court. Whereas the Respondent’s legal team argues the opposite. Where does that leave you as the judge of appeal?

I experienced the most wonderful sense of waiting for the day of the argument and to listen what the legal representatives for the two parties were going to present to us sitting as a court of appeal. There was just this sense of expectation – what is going to happen in that court on that day where we had to decide the appellant’s future. There was no pre-judgment at all. And of course, you experience a lot of questions and observations.

We decided his fate/future on 25 October 2019. We dismissed his appeal on both the conviction and sentence. He is currently serving time behind bars for life.

Having read my judgment again, I am still satisfied that our decision is correct.

Some years previously I had the fortunate experience to be invited by judges to sit with them as an assessor in criminal cases. I had the same sense of expectation and this “inner stillness” to enter court with a mind that is completely calm, relaxed and non-judgmental. Wait and see what is going to happen in the court. Don’t pre-judge any issues. My advice to my clients is also to wait and see what is going to happen in open court – in the meantime we work hard to prepare for their day in court. We have done our best and now we are going to court.


I've had it since 1978

Thinking back on that experience on the bench as a Judge was really a life changer in many aspects. The day-to-day work that I had as an acting judge was deeply satisfying; the one thing that was really getting me was the enormous pedestal you were on.

As an after word: this judgement of mine, where my brother judge of appeal concurred, is reported in SAFLII at this link.

It is not easy to find write-ups about South Africa judges and their private lives except for a number of books written by retired judges. There is, however, a very useful website about the South African judiciary which is brim-full of very interesting facts and circumstances about the judiciary and aspirants for various judicial appointments. In some of these interviews the aspirant judges were telling the commission how they grew up and even what their mothers did and where they come from. You can find some of it here.

There are a lot of highly interesting and highly controversial content – please watch it and when you are done, go and have a cup of coffee [or tea if you prefer; if you prefer something stronger, go for it]; these guys and girls are ordinary human beings. Please stop elevating them to just a few steps away from angels. They are not; the fart like the rest of us.

I found an interesting website about judges in the UK click here.

How judges judge? Click here.

Please write me a letter and tell me what you think: neelscoertse@wirelessza.co.za