Number two 22.11.2022

What is his story? Help him to understand

Stones, wood, Petria, colour, texture and ... 

Had my early morning walk and pottered around my land art-doodles on the pavement [side-walk]. My one friend, I met him at genealogy, referred to this pottering around as land art-doodles and I like it. It encapsulates the gist of it. I cannot go into the wild like Strijdom Van Der Merwe  or Andrew Goldsworthy and create their incredible ephemeral art installations. And yet, I want to do something; I think of myself to be an activist although on a very small scale. I am connected to the earth. While doing that I am also reminded of Pope Francis’ encyclical letter LAUDATO SI wherein he encourages us to get involved with life.

Yes, we get all these whatsapp messages encouraging people to start to do something, for instance, grow your own food, write a poem, sketch something, sculpt something else.

And I am reminded of Jasper Johns who famously said: Create something and then you do something else with it, and then you do something else with that and then you do … and so it goes on. You can have a look at his NUMBERS, FLAGS & TARGETS.

Later today I will do my usual rounds in my garden – I love making plants. I have re-named my nursery: this is my maternity ward. This is the place where plants die and where they are brim-full of life. The place is pregnant with life, the life forces I experience there is just too wonderful. Oh the sacredness of it all – thank you Karen Armstrong.

 

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Blue South African Skies in Franschhoek, Western Cape

Number One. 21 November 2022

Try to write every day for 31 days. About what? Does it matter? Start writing. Turn up and the teacher will be there waiting for you! I do go to my office every day and sit an work. That is no problem to me. But to write something every day for the blog - that is a huge challenge and I am willing to take it on for at least 31 days. Wish me good luck.

Even if it is only one sentence – that is what I read about this Iranian artist/academic/philosopher. Just turn up. And start writing.

There are the stories about Julie and Julia. Mrs. Harris goes to Paris. Kurt Vonnegut. Do something. And do it every day. These were people who took on a challenge set by themselves. Like photographer who decided to take an image per day for 365 days. That is a huge challenge. 

 Julie decided to do something with her life at 30 years of age. And started cooking. She started cooking Julia Child. Mrs. Harris decided to buy a Dior dress. And she bought it - but ...

I am seventy-two. I did something with my life. Can I re-invent it and do something else? Of course. I am busy with it. Write thirty-one pieces for thirty-one days. And publish it.

Sitting in the dark in South Africa because our electricity provider decided in its eternal wisdom to go political and terminate best practice and to substitute it with shedding responsibility and terminate our electricity sporadically. But this blog post is not about our (non-)service interrupter it is about me and what I am doing right/write now.

Please write me an e-letter at neelscoertse@wirelessza.co.za 

 

 

 

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God is making something new: a second day

God is making something new:  a second day

 Two poppies flowering

The one gentleman posted a photograph of his poppies – there is a second flower that opened up today. And he is so thankful for that. Brilliant colours – the best from His palette for us to enjoy. Exuberant. Over the top. Let us enjoy it.

Another lady posted her flowers that she is so grateful for. And she says that nature exploded in colour and aromas. We are at the receiving end of nature’s abundance.

Look at this flower arrangement.

Have you grown a pecan nut tree? And what is more, it is sprouting brand new leaves.

We have dendrobiums and wisteria growing next to one another and intertwined. Caressing. In a love dance.

Dendrobiums and wisteria in a love embrace

Clivias? A native of my country South Africa in abundance. Colourful splendour. A sight to behold.

Clivias [native to South Africa and I am proud] in abundance

My oak trees are growing. I got 32 acorn seeds in Franschhoek in the Western Cape during our roundtrip to the Cape in March 2022. And I harvested some 32 acorns 18 of which were fertile and the rest are on our compost heap. Up to date 5 sprouted and are growing. My idea is to keep them small – bonsai ideas. Then I will plant it on the pavement and keep trimming it and we can walk in my hedge of oak trees.

Have a nice day and tell me about the new things that are happening in your life: neelscoertse@wirelssza.co.za

 

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God is making something new - for us humans and plants

 Look at my brunsvigia radulosa sprouting after winter - those blue dots are indicating some of it

God is maming something new – and it has already begun; and it is, so to say, all about us humans and nature. The source for this amazing news is in the Book of Isaiah chapter 43. The English version reads: Verses 18 – 19: [English Standard Version]:

“Remember not the former things, nor consider the things of old. Behold, I am doing a new thing: now it springs forth, do you not perceive it?  I will make a way in the wilderness and rivers in the desert.”

You may consider that this is also a brand-new blog post – in a way it is. Let’s go about telling you about something new that is happening in my life [remember to tell me what is new right now in your life?] I urged our Bible study group to post for the next few days to Sunday 11 September 2022 [7x new stories] about something new happening in their lives. And the one elderly member was so excited when she said: “I had a brand-new cup of tea this morning.” Yes – she is thankful for a new fresh cuppa.

And I? I am thankful for my Brunsvigia radulosa. I sowed some seeds February - March 2021 and it sprouted. The plants die right back into the soil. And then, it sprouts round beginning of spring. I am so happy to welcome them back above ground. They were just resting from the ordeal of living above ground.

The same brunsvigia radulosa on 26 March 2021

This is what they looked like during covid-19 26 March 2021:

And this is what they now look like while sprouting from deep under the soil – this is resilience. Covered by soil; completely hidden. Now, there is life! On 5 September 2022 there is new life sprouting from underneath the soil.

Another lady posted a photograph of a tree across the street of a tree that is awash with brand new flowers.

This is the tree from across the street

Another gentleman is so proud of his poppy seeds pushing new flowers – his first success after many failed attempts in the past.

My friend's poppies flowering

Another gentleman tells us that he was successful navigating his daughter in law’s vehicle and to tune into the radio of that car.

I spoke to an erstwhile client of mine [thirty years ago] and she was happy to speak to me after so many years of silence. She called our conversation a blessing – and I do agree wholeheartedly with her. She told me she was healed by the Spirit of God from a deeply troublesome trauma in her life – and I could hear in her voice how sincere she was.

What are you grateful for and for what is new in your life right now?

Tomorrow? No, I am concerned about today 5 September 2022 and not tomorrow. It will come, but not yet. Let’s live today and see the new things in your and my lives.

Please write me a letter: neelscoertse@wirelessza.co.za

 

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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.

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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

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PACTA SUNT SERVANDA AGREEMENTS SHOULD BE HONORED OR SHOULD IT? What does Justitia say about this lot?

 

Part of my law library referencing some of South Africa's brightest legal minds 

that is pre 1994

Agreements should be honoured – or should it? May a court of law [in South Africa that is] interfere? My word is my bond? Gentleman’s agreement? Trust? Ethics? Morality?

Courtesy the internet. Beautiful image!!!

Justice for all? Justice and Justitia – Oh my word!! What a ride I had on the internet searching for appropriate images of the goddess of justice: click on Justitia. It is a joy ride so to speak. One common thread that I see in my search for images is that it is a young lady that is extremely well built who is blindfolded holding scales in her hand. That is more or less where the comparisons end and the interpretations start. This reminds me of two Constitutional judgments in South Africa emanating from some of our brightest legal minds – but I hasten to state clearly and unequivocally that it is our brightest legal minds post-apartheid [read here: after 1994 when democracy descended from on High].

The bright legal minds of pre-apartheid days are almost gone and forgotten. Yet Justitia reigns “supreme” in her blindfolded state as it were. David Pannick in his book JUDGES wrote about this judge who argued with his hormones when a well-endowed lady advocate walked into his court room. His stated loud and clearly: “Wow! What a pair of boobs!” His was promptly censured for his remark in open court - David does not say whether that Judge’s remark was to the point so to speak or not. That remark fits all of the sculptures of the queen of justice: well endowed: you can read a short resume of that book by clicking on this link,  

Why do I refer to lady Justitia? Well, she is blindfolded, is she not? Maybe the two judgements of our ConCourt reminds me of that blindfolded lady – please note carefully she is blindfolded and not blind [you should really trust me on this one for a moment]. But, for this blog post, I want to steer away from her blindfold, and try and enter her mindset; in this blogpost “her mindset” is the mindset of the judges who their judgments under discussion. To enter their mindset, I have to read what they wrote and then draw my own inferences. Sad to say, I think that these judges were a bit confused – that is what I think of the ConCourt’s two judgments that are taking up hundreds of pages to clarify the position. I am referring to the following judgments:

Botha: click here to download the entire judgment.

Beadica: click here to download the entire judgment.

Please read on.

“Public policy requires that parties should in general comply with contractual obligations that have been freely and voluntarily undertaken.” Judge Nkabinde of the Constitutional Court was clear about this – but she didn’t stop there. She continues: “There can be no doubt that the matter raises constitutional issues.” And with that sentence, she opened the floodgates of uncertainty and subjective issues. She spoke these words during her judgment penned in 2014 in the judgment of the matter that is now known as BOTHA and another v RICH and others in the ConCourt.

The moment a court of law is of the view that constitutional issues are at stake, you know for sure that something odd is going to happen that would change the legal horizons for some time.

The ConCourt was busy working on these constitutional issues floating around the well-established approach of pacta sunt servanda – a man should honor his word. And it happened in the Botha matter and it was further “clarified” in the Beadica matter. In paragraphs 86 & 87 of the Beadica-matter, the court distinguished between the time prior to 1994 and after 1994 in our beautiful country. Oh boy, and the moment April 1994 sticks its ugly head out of the woodwork, the sparks are going to fly high and low and everywhere.

This [Beadica-matter] is a massive judgment to work/read through: Three judges filed their judgments: the first judgment [the majority] contains 104 pages; the second judgment [dissenting] almost 100 pages and the last dissenting judgment almost 30 pages. In total 232 pages of judgment. You must bear in mind that the legal teams of the parties also filed their contributions and I don’t know how many pages and how many hours they spent on writing and re-writing and re-thinking and once again re-writing their heads of argument. The Botha judgement is not that lengthy: a mere 35 pages.

And yet, after 267 pages of legal writing, it is not clear what was said – legal minds suffer and battle to understand this and to explain it to their clients. To explain it to my blog readers is also a battle of gigantic proportions – no I am not going to even try to explain it to you lest I should lose you for ever and that I am not going to do. A bright young advocate at the Johannesburg Bar forwarded me a piece of his legal mind to explain and even he battles. What shall we do? The judges have spoken – and they are not going to explain it further [I think even they can’t explain it further that is why the majority judgment is 104 pages long and the first dissenting judgment was almost 100 pages long].

What is my story to you? I once read an apt remark, or shall I say a timely warning, by one of South Africa’s top legal minds who was sitting as an eminent judge in the then Appeal Court of South Africa, he is reported to have said something to this order: “Litigation is somewhat of a gamble.”

Dare I say more? I shall refrain from taking up the cudgels with him. Yes – it is a very dicey affair because some you win, and some you lose.

Please write me a letter at neelscoertse@wirelessza.co.za

Thank you for reading my write-ups.

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