independent skies magazine 14th issue

fourteenth issue

| 2 | Independent Skies Magazine | Issue 14 June 2013

4. We can’t live Without frus-tration

Tebogo Ndlovu

10. DeveloMent in canon laWSuNITa Nayab gIll

8. DreaM Dare Work KarIM el HaMrI

14. out of boDy life NIcola SadIKI

18. tale of africaboINeelo J. legoTlwaNe


We can’t live without

frustrationTebogo Ndlovu


We can’t live Without frustration | tebogo ndlovu

It goes without saying: when our buttons have been pressed, we feel com-pelled 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 trans-parency. We tell the truth when certain switches have been pushed and our emo-tions refuse to be bottled under pressure.

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 perspec-tive: experience may have taught us to interpret a harmless person or situa-tion as a threat. After all, who likes to make the same mistake twice?

How ever we translate a circumstance goes back to what means a lot to us. “It’s

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, sym-pathise 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.

Surely, the heat of the mo-ment 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 dedi-cate our time, our energy and our money to setting it straight -nomatter how im-possible 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.

The inspired philanthro-pist is not the only perfect example for how valuable frustration is. A responsible father, toiling for the well-being of his family con-tinues 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 deep-est concerns, encouraging us to deal with discomfort. Some suppress whatever is nagging them -and that works for a while- but what-ever is hidden still exists. We know this, because the next time we are chal-lenged, the same nagging frustration might resurface.


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 relation-ship or even inspiration to others. The (sometimes ir-ritating) urge to “do some-thing...anything” or to “not take it lying down” trans-forms 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, even-tually 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 oth-ers and to be better people for the benefit of others - but only if we let it.

Tebogo Ndlovu

“We are very proud to announce our support for Mr. Karim El Hamri, who is a creative artist us-ing 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 TeamIndependent Skies Magazine

Please visit his facebook page: https://www.facebook.com/ARTTickles1

dreaM dare worK | KarIM el HaMrI

dreaM dare worK | KarIM el HaMrI


DEVELOMENT IN CANON LAW

Sunita Nayab Gill

Is Canon law the root of Common law?

develoMeNT IN caNoN law | SuNITa Nayab gIll

in 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.

early in the beginning of the 4th century, the roman state introduced “Justinian codex” as a guide to make laws for the christian community. canon law in simple words, a christian law that has its origin in old & new testaments, canonical col-lection, Jurists Writings, usages, Precedents & a rich collection of church fathers (1200 chapters in all-roman & law).Jurists ar-rived in 12th century & they had played a vital & significant role in the development of canon law.

Gratian is known as “father of canon law”. some other Ju-rists; Gaul, charles the Great, Photios, auders Winroth (1996), who had made their contribu-tions 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 law, did not make a great de-velopment but later on, canon law established ecclesitical courts, which began to render judgments based on written and oral evidences.

evidences were tempered, forged & misused because there was no proper judicial pro-cedure regarding it. therefore, the judges, litigants & jurists began to worry about correct judicial procedure. in 12th cen-tury, however, theodore bals-man introduced some reforms.

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 concil-ia”. until 14th century, the can-on 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 re-garding marriage & government structure be?

after a long struggle by jurists, they provided a proper proce-dure & 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 de-fendant was present in court. Moreover, in notorious crime, the judge may proceed in a summary fashion but sum-mons & judgments must be observed. the basis of canon law is scripture and 10 com-mandments so the rule regard-


ing summons & judgment taken from scripture; that in adam & eve case; proved that both were necessary, summons & judg-ment.

in the beginning, in canon law, defendant has no right regard-ing due process of law, a judge or Prince condemn without trial. later on, with the passage of time, canon law developed & provided some rights to defen-dants:

- right to trial & due process with a sentence, “a person is presumed innocent until proven guilty”. it is based on Maxim; “ius commune”, means “inno-cent until proven guilty”, sum-marized a bundle of rights that every human being regardless of person’s status, religion or citizenship should have.

- it provides some absolute rights to defendant as to sum-moned, to have their case heard in an open court, to have legal counsel, to have their sentence pronounced publicly & to pres-ent evidence in their defense.

Moreover, before the 13th cen-tury, it is an offence to bear an arm but gradually canon law

developed& Jurists started to distinguish between offensive & defensive weapons, danger-ous & safe, cleric’s & a layman’s right to defend himself & take up arms to defend their home-land. they also provide rules re-garding war, trade & commerce. natural reasons permits people to defend themselves from dan-ger, 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.

however, anglican church pre-served the entire body of canon law & converted into national legal law. on the other hand, the swiss reformed church established ecclesiastical regu-lations that were influential in other Protestant countries. in middle ages, canon law remained an independent legal system included local laws. a splendid example is the origin of right to due process of law. it is a paradoxical, a legal system that battled to separate itself from the secular state during the middle ages (unlike byz-antine canon law) in the end, had a profound influence on all

modern secular european legal system.

the common law based on customs and precedents. therefore, common law, es-pecially the Maxims of law of equity is, as a whole, based on canon law. When canon law gradually developed throughout the ages, in Modern times, it transformed & become a com-mon law, to meet the needs & circumstances of modern time. it provides the substantive & procedural law. one of the most lasting contributions of canon-ists to constitutional thought is this; it provides a fundamental principle of Democratic Govern-ment, which is based on the doctrine of consent on Maxim.

Sunita Nayab Gill

develoMeNT IN caNoN law | SuNITa Nayab gIll


out of body life | nicola sadiki


It is said that some people who have had a close shave with death experienced out of body experiences. Their souls actually came out of their bodies and hovered in the room and though they could see and hear, they could not speak or do anything. Moreover, their souls were invisible to ev-eryone else around them. I wonder if that makes me a special person because I have those out of body experiences every single day.

Yesterday I hovered in the air and watched as my parents received the bride price or lobola as it is called in our language, for me, from Mehluli’s fam-ily. Mehluli, who is my parents’ idea of the perfect son-in-law. Tall, handsome Mehluli, admired by all the girls yet he makes me want to float into outer space and never come back. If it was in the bibli-cal days of David, they would sing songs about him; they would ululate in his honour. This is the twenty first century though, so all they can do is fawn over him and fall over themselves just to do his bidding.

Six months ago I hovered in the air and watched my lips move and utter words to Munashe that made my soul scream in

agony. Father would never let me marry him; he was from the wrong tribe. About twenty years ago, the people from his tribe and the people from my tribe were at war, Gukurahundi they called it. His tribe won and Granddad passed away and now Father cannot stand that tribe.

Three months ago I watched myself go to church with my family. The pastor spoke about forgiveness and love and afterwards, everyone spoke about how good the sermon was and how uplifting. My soul felt this force acting on it, as if there was something pushing it so that it could go back into my body. On the way home, Father snarled at some young boy from the other tribe who did not indicate properly before turning and made Father swerve to avoid an acci-dent. Father spent the rest of the journey talking about how terrible the other tribe is. It was amazing how with every sentence he uttered, the force that had been trying to draw my soul into my body grew weaker and weaker. My soul now floats higher than ever from that day. Perhaps since they have not discovered that some living people’s souls float, that is why there is no law that shows how hypocrisy makes souls float higher.


Normally, when I am alone, my soul re-turns to my body. Some days I just feel so inspired. In its excitement, my soul for-gets 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 float-ing 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:

Soul floating helps one cope with a reality that threatens to turn one’s world upside down by cushioning one through tricking one into thinking something bad never happened.

***

‘Mama?’ calls Lindiwe and I hear myself answering that I am coming, before I quickly rush to apply makeup to hide the evidence of Mehluli’s temper. I see myself walking into her room and the moment I pick up that little bundle of joy, my soul cannot resist getting back into my body and dream for just a little bit, just a little bit because my daughter and I are alone.

***

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 feel-ing 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 with wonderful memories. It told stories about rainbows after heavy storms. It took delight in stories of lands with no divi-sions, where skin colour did not seep onto the canvas of one’s life. It longed for places where the cooing of a dove was heard by all ears and translated into the same message of love and peace regardless of tribe.

As I remember all that I can feel the breeze getting stronger and lifting my soul higher. I feel all sorts of warm colours running through me, painting a new story and tak-ing the place of all those dark colours that threatened to choke me. There is a bright 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.


Tale of AfricaI wear my scars like tattoosWith no shame or regret for my story Will be told through tales and taboosI was born from the strongest of bonesI will not breakWere Africa herself has kissed my skin And marked me as her own So even if I spread my wings and flyMy roots will keep me groundedAnd like an eagle I will always return back to my nestWhere I learn the soft caress of the sun against skin so dark it glowsA place where the moon shines passionate-ly against clear blue skiesAnd children run around wearing their nu-dity without a careThis is the home that I long for,The place I belong to Africa, where my roots run deep

by boineelo J. legotlwane (botswana)


SCRIbbled PoeTRY SeCTIoN

In this issue, boineelo J. legotl-wane 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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independent skies magazine 14th issue

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