fourteenth issue
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| Issue 14 June 2013
4. We can’t live without frus-
tration
Tebogo Ndlovu
8. dream dare work 10.
Karim El Hamri
DEVELOMENT IN CANON LAW
Sunita Nayab Gill
14. Out of body life 18. Tale of Africa
Nicola Sadiki
Boineelo J. Legotlwane
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We can’t live without
frustration Tebogo Ndlovu
I
We can’t live without frustration |
t goes without saying: when our buttons have been pressed, we feel compelled to act, to speak out, to kick something, to cross a line, to query an obstinate challenge. In a moment of passion, we are at our most honest. Maybe that’s why our words may hurt or heal those around us when we are in that state of transparency. We tell the truth when certain switches have been pushed and our emotions refuse to be bottled under pressure.
not fair!” may mean, “I’ve seen that happen before, and the outcome definitely was unjust.” And yet, the conclusion has been drawn without considering the facts. We would rather feel and not think - it’s more natural to empathise, sympathise or become the cynic in the equation. Facts come first to those who are not touched by what is going on around them; or those who have trained themselves to stop, think, then act.
The fun fact in this chain reaction is that the truth is relative. What we may blurt out as verity that may hurt or heal may not be the case from an objective perspective: experience may have taught us to interpret a harmless person or situation as a threat. After all, who likes to make the same mistake twice?
Surely, the heat of the moment is when we learn what is most important to us -regardless of what the rest of the world thinks. Once we find that, we may dedicate our time, our energy and our money to setting it straight -nomatter how impossible righting the wrong altogether really is. If we never got worked up about anything, we would hardly have motivated people that make life seem full and worthwhile.
How ever we translate a circumstance goes back to what means a lot to us. “It’s
Tebogo Ndlovu
The inspired philanthropist is not the only perfect example for how valuable frustration is. A responsible father, toiling for the wellbeing of his family continues to do so for lack of how else to ease his own frustration -frustration felt when his daughter is sent home from school after the school fees was not paid that school term. That same frustration is what may encourage the little girl to grow into a woman who takes the welfare of her own children to heart, appreciates diligence and is the ideal role model to many other women and young girls. Frustration bares our deepest concerns, encouraging us to deal with discomfort. Some suppress whatever is nagging them -and that works for a while- but whatever is hidden still exists. We know this, because the next time we are challenged, the same nagging frustration might resurface.
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The longer a dog is tied to a pole, the more vicious it becomes. Channeled into a worthy cause or activity, frustration blossoms into a successful career, a healthy relationship or even inspiration to others. The (sometimes irritating) urge to “do something...anything” or to “not take it lying down” transforms existence into life. Ask the pair who started off as playground enemies but ended up life-long friends. How about the teacher who would never let you get away with anything, eventually helping you become more resilient in life? And the football buddies you congregate with in good seasons and bad? We really can’t do without a healthy dose of frustration. As annoying as it can be that it wouldn’t do to live in a perfect world, it pushes us to experience life with others and to be better people for the benefit of others but only if we let it. Tebogo Ndlovu
dream dare work |
Karim El Hamri
“We are very proud to announce our support for Mr. Karim El Hamri, who is a creative artist using his digital drawing skills along side his ingenuity in writing to reach out to the youth in a new way that should keep them moving forward, pushing them beyond limits they put to themselves and directing them towards positivity.” “We share with you an art piece of his made exclusively for Independent Skies Magazine.” The Team Independent Skies Magazine
Please visit his facebook page: https://www.facebook.com/ARTTickles1
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dream dare work |
Karim El Hamri
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DEVELOMENT IN CANON LAW
Is Canon Law the root of Common Law? Sunita Nayab Gill
I
DEVELOMENT IN CANON LAW |
Gratian is known as “Father of Canon Law”. Some other Jurists; Gaul, Charles the Great, Photios, Auders Winroth (1996), who had made their contributions in the field of Canon Law. They introduced “Decretum Law”, based on Natural Law used in many Law schools around Europe. Constantine, for the very first time introduced into Canon Law, a council that issued 25 canons that dealt with adultery, murder, magic, etc. In early ages, Canon Law divided into two parts. Conciliar Canons & Papal Decretals (Decision on discipline). In Byzantine, Canon Early in the beginning of the Law, did not make a great de4th century, the Roman State velopment but later on, Canon introduced “Justinian Codex” as a guide to make laws for the Law established Ecclesitical Courts, which began to render Christian community. Canon Law in simple words, a Christian judgments based on written and oral evidences. Law that has its origin in Old & New Testaments, Canonical Collection, Jurists Writings, Usages, Evidences were tempered, Precedents & a rich collection of forged & misused because Church Fathers (1200 Chapters there was no proper judicial procedure regarding it. Therefore, in all-Roman & Law).Jurists arrived in 12th Century & they had the judges, litigants & jurists began to worry about correct played a vital & significant role judicial procedure. In 12th Cenin the development of Canon tury, however, Theodore BalsLaw. man introduced some reforms. n primitive ages, there was no written rules, regulations, statutes, codes or law. People live their lives according to moral values. In the beginning, ancient Christians follow Moses 10 commandments, which the scribes and Pharose divided into many rules, about 603 laws. Everyone has to obey these rules. Later on, when Jesus came, He made one law by combining all of these 603 laws. In addition, that law was based on moral and ethical values of the people.
Sunita Nayab Gill
Later on, in 14th & 15th century, a lot of work and reforms were introduced in Conciliar Canon, for that the 14th & 15th century , were called the “Age of Concilia”. Until 14th century, the Canon Law was not fully developed & jurists were keeping working on two questions regarding Canon Law, that are: - How legal systems should be structured? - What should the procedure regarding marriage & government structure be? After a long struggle by jurists, they provided a proper procedure & law. According to it, the Pope is above Positive Law, not Natural law. Summons had been established by Natural Law; the Pope could not omit it. No just decision made unless the defendant was present in court. Moreover, in notorious crime, the judge may proceed in a summary fashion but summons & judgments must be observed. The basis of Canon Law is Scripture and 10 Commandments so the rule regard-
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ing summons & judgment taken from Scripture; that in Adam & Eve case; proved that both were necessary, summons & judgment.
| Issue 14 June 2013
developed& Jurists started to distinguish between offensive & defensive weapons, dangerous & safe, cleric’s & a layman’s right to defend himself & take up arms to defend their homeland. They also provide rules regarding war, trade & commerce. Natural reasons permits people to defend themselves from danger, give right of self-defense. After a hard struggle made by Jurists to develop a Canon Law, it was necessary that every church accept it. Nevertheless, Protestant Church rejected the body of Canon Law.
modern secular European Legal System.
The Common Law based on customs and precedents. Therefore, Common Law, esIn the beginning, in Canon Law, pecially the Maxims of Law of defendant has no right regardEquity is, as a whole, based on ing due process of law, a judge Canon Law. When Canon Law or Prince condemn without trial. gradually developed throughout Later on, with the passage of the ages, in Modern times, it time, Canon Law developed & transformed & become a Comprovided some rights to defenmon Law, to meet the needs & dants: circumstances of modern time. It provides the substantive & - Right to trial & due process procedural law. One of the most with a sentence, “a person is lasting contributions of Canonpresumed innocent until proven ists to Constitutional thought is guilty”. It is based on Maxim; However, Anglican Church pre- this; it provides a fundamental “Ius Commune”, means “Innoserved the entire body of Canon principle of Democratic Governcent until proven guilty”, sumLaw & converted into National ment, which is based on the marized a bundle of rights that Legal Law. On the other hand, doctrine of consent on Maxim. every human being regardless The Swiss Reformed Church of person’s status, religion or established Ecclesiastical regucitizenship should have. lations that were influential in other Protestant countries. - It provides some absolute In middle ages, Canon Law rights to defendant as to sumremained an independent Legal moned, to have their case heard System included local laws. A in an open court, to have legal splendid example is the origin counsel, to have their sentence of right to due process of law. It pronounced publicly & to pres- is a paradoxical, a legal system ent evidence in their defense. that battled to separate itself from the secular state during Moreover, before the 13th centhe middle ages (unlike Byztury, it is an offence to bear an antine Canon Law) in the end, Arm but gradually Canon Law Sunita Nayab Gill had a profound influence on all
DEVELOMENT IN CANON LAW |
Sunita Nayab Gill
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Out of body life | Nicola Sadiki
It is said that some people who have had
Out of body life
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Nicola Sadiki
agony. Father would never let me marry him; he was from the wrong tribe. About a close shave with death experienced out twenty years ago, the people from his tribe of body experiences. Their souls actually and the people from my tribe were at war, came out of their bodies and hovered in Gukurahundi they called it. His tribe won the room and though they could see and and Granddad passed away and now Father hear, they could not speak or do anything. cannot stand that tribe. Moreover, their souls were invisible to everyone else around them. I wonder if that Three months ago I watched myself go to makes me a special person because I have church with my family. The pastor spoke those out of body experiences every single about forgiveness and love and afterwards, day. everyone spoke about how good the sermon was and how uplifting. My soul felt this Yesterday I hovered in the air and force acting on it, as if there was something watched as my parents received the pushing it so that it could go back into my bride price or lobola as it is called in our body. On the way home, Father snarled at language, for me, from Mehluli’s famsome young boy from the other tribe who ily. Mehluli, who is my parents’ idea of did not indicate properly before turning the perfect son-in-law. Tall, handsome and made Father swerve to avoid an acciMehluli, admired by all the girls yet he dent. Father spent the rest of the journey makes me want to float into outer space talking about how terrible the other tribe and never come back. If it was in the bibliis. It was amazing how with every sentence cal days of David, they would sing songs he uttered, the force that had been trying about him; they would ululate in his to draw my soul into my body grew weaker honour. This is the twenty first century and weaker. My soul now floats higher than though, so all they can do is fawn over ever from that day. Perhaps since they have him and fall over themselves just to do his not discovered that some living people’s bidding. souls float, that is why there is no law that shows how hypocrisy makes souls float Six months ago I hovered in the air and higher. watched my lips move and utter words to Munashe that made my soul scream in
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Normally, when I am alone, my soul returns to my body. Some days I just feel so inspired. In its excitement, my soul forgets to float and gets back into my body to enjoy the sensation of dreaming. I remember that it never used to float when I was young. It only started floating in those days when THE INCIDENT (which I’d rather keep to myself) took place. I discovered the first law of Soul floating then which states that:
Today floating just feels so good, there is a really lovely breeze which I have never felt before. Only time I have ever close to feeling this good was in those days when I used to paint. I felt that the different colours spoke to my soul and it was the one which would always take over and tell different stories. All that It wanted but could not get, my soul told.
It spoke of lovely dawns filled with hope. It spoke about rich sunsets that were filled Soul floating helps one cope with a reality with wonderful memories. It told stories that threatens to turn one’s world upside about rainbows after heavy storms. It took down by cushioning one through tricking delight in stories of lands with no divisions, where skin colour did not seep onto one into thinking something bad never the canvas of one’s life. It longed for places happened. where the cooing of a dove was heard by all *** ears and translated into the same message of love and peace regardless of tribe. ‘Mama?’ calls Lindiwe and I hear myself answering that I am coming, before I As I remember all that I can feel the breeze quickly rush to apply makeup to hide the evidence of Mehluli’s temper. I see myself getting stronger and lifting my soul higher. walking into her room and the moment I I feel all sorts of warm colours running through me, painting a new story and takpick up that little bundle of joy, my soul ing the place of all those dark colours that cannot resist getting back into my body and dream for just a little bit, just a little threatened to choke me. There is a bright bit because my daughter and I are alone. light shining at the top which seems to be growing bigger and I suddenly realize that *** this is it. I never have to long for anything again. I cannot stop smiling.
Out of body life
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Nicola Sadiki
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SCRIBBLED POETRY SECTION
In this issue, Boineelo J. Legotlwane a poet based in Botswana writes of the beauty of being African ,she talks of how she will wear her African scars with pride, how she will embrace the sweet embrace of the African sun as she celebrates being African in this her beautiful poem of the title “Tale of Africa�
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Tale of Africa I wear my scars like tattoos With no shame or regret for my story Will be told through tales and taboos I was born from the strongest of bones I will not break Were Africa herself has kissed my skin And marked me as her own So even if I spread my wings and fly My roots will keep me grounded And like an eagle I will always return back to my nest Where I learn the soft caress of the sun against skin so dark it glows A place where the moon shines passionately against clear blue skies And children run around wearing their nudity without a care This is the home that I long for, The place I belong to Africa, where my roots run deep By Boineelo J. Legotlwane (Botswana)
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