Churches should do more to promote reconciliation

Factions and divisions within churches are hindering the principle of reconciliation which would assist in decongesting the justice system and the courts.

Bishop Victor Phalana of the Catholic Diocese of Klerksdorp emphasised the importance of eliminating divisions and factions within churches and working together in reconciling.

He was speaking at the CRL Rights Commission's dialogue in Boksburg on the role of religion, law and culture on reconciliation in postapartheid South Africa.

He said the role of the church in reconciliation of the community has to start within the church.

“We discover there are divisions that require different church denominations to work harder to build reconciliation. When the church fails to reconcile its own people, of course the world is going to ask how we call for reconciliation when the church fails to reconcile. The divisions in our churches are a challenge for the church itself to introspect and invest more into the work of reconciliation.”

When it comes to dispute resolution, the process of litigation seems to come with challenges such as extreme delays which hinder justice.

Head of the school of social sciences at IIE MSA Dr Alex Asakitikpi said: “Sometimes justice is not served. The litigation system we have inherited has significant flaws. We have victims who have reported they have been raped. Their perpetrators are arrested and in two months’ time they are walking around the streets, taunting their victims. The law and courts will hold onto evidence and if you don’t have evidence you can’t prosecute the perpetrator even if the community is aware that this person committed the crime,” said Asakitikpi.

He said the litigation process was discriminatory due to its costs, leaving those wronged without a lawyer and instead harbouring anger and bitterness.

“Litigation is something where the winner takes all. In contrast, alternative dispute resolution which is rooted in culture is not that way. We value friendship and our relationship as humans and we try to see how we can reconcile, prescribe a sanction or punishment,” he said.

University of Pretoria deputy dean of law Prof Charles Maimela said common law was individualistic and did not cater for groups.

The churches should get their houses in order, he said.

“Get your act together because you are betraying your belief systems, the moral fibre and constitutional duties which have been espoused to you all. The law is not sufficient to resolve your problems. You need to resolve your own problems,” he said.

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