Herewith link to the full Judgement of the High Court dated 17th February for your information.
Though the judgement refers to “the streets, sidewalks and sections of the Greenmarket Square in the around the church” and that “no order is sought against the respondents inside the church” (point 16, page 10) the order granted by Judge Thulare to the City of Cape Town does include significant clarity into the situation that we have been dealing with within the Church with since 30th October 2019.
We have witnessed and experienced that all attempts at negotiations with the refugees have failed, including the multitudes of times they have agreed to, but failed to vacate the church sanctuary. As the Judge writes: “The respondents were aware that their demand for resettlement to another country other than repatriation to their country of origin, if they opted to leave the country would not be met. Anyone who expressed themselves on the respondent’s unrealistic demand and sought to influence a realistic solution was declared an enemy and was either threatened or attacked by the respondents.” (point 22 page 12).
The Judge continues: “The respondents have all intents and purposes established a self-governing territory within the City of Cape Town. No single individual, or group of persons, should be allowed to be a law unto themselves.” (point 23 page 12).
The Judge singles out the refugee leadership as deceptive and opportunistic (see points 44-46). The Judge states: “In my view Balus and Sukami misused the other respondents’ vulnerability, inability and humility.” (point 44 page 28). The Judge further states that: “The protest is ungovernable. It is used to pursue unachievable goals and in my view amounts to abuse of the right to protest, which is a sacrosanct method to raise and to pursue legitimate concerns.” (point 46 page 29).
My hope is that this Judgement will draw all those involved in this protest closer to the truth of their own situation and move them to vacate the area and the church as soon as possible. Furthermore, I hope that everyone, including those inside the church will use the opportunity afforded to them by the Judgement to seek assistance should they need, as the order by Judge Thulare allows (point 4.4. page 37).
In a week’s time during our Ash Wednesday service we will have ash smeared on our foreheads and will hear the humbling words: “Remember you are dust, and to dust you shall return”. This shocking smear of death on our face is meant to bring us bolt upright to the precious briefness of our life. Followed by the graceful invitation: “Repent and believe in the Gospel”. The word “repent” has a scary reputation because of how it has been misused by so many as a threat, but it is a most hopeful word, inviting us to change and thereby believing that we can change. To “believe in the Gospel” is to give our heart to the way of life Jesus calls us to follow – a way of life that chooses life – even though it may mean dying.
The first step to choose life is to choose to do no harm. This sounds simpler than it is, because we are all part of systems that we depend on for our survival that are in fact killing creation and others as well as ourselves. This is even true in relation to the refugee situation. We are complicit in creating a world (or in the very least complicit for not challenging a world) that causes situations that lead to there being refugees. This realisation that we are somehow complicit in the deathliness of the world invites us to repent – to turn around – to change. This acknowledgement that we are complicit rather than “innocent” is at the root of all confession. As Church we are called to be a confessional community. A community that tells the truth about our living. For this reason, confession is part of our weekly liturgy that takes place in response to the grace spoken from the Voice who calls us Beloved.
It is easy from the position of a false sense of innocence, to ask ourselves what good we can do. Doing good can feel good. Sadly, it often only addresses the symptoms in the form of charitable acts. Asking where we are doing harm, on the other hand moves us to see where we ourselves are the problem. This is uncomfortable but it may lead us to doing greater good. This approach is also more likely to address the systemic root of the problem that only doing justice can root out. So, ask not what good you can do, but rather what harm you can stop doing. May this be our fast for Lent: To fast from doing harm.