Lutheran Order of Service

Gospel for this Sunday Matthews 18:12-35
(“Der Schalksknecht”)

The Lutheran Order of Service for the 22nd Sunday after Trinity is available here in isiZulu and seTswana. Today it comes with a sermon based on Romans 7:14-25a by brother Rev. Kurt Schnackenberg (Shelley Beach LC, KZN) translated into isiZulu (wz1252121104 n Tr 22) and seTswana (wt1252121104 n Tr 22) by my father Rev. E.A.W.Weber DD (Welbedacht, KZN). We thank the Lutheran Heritage Foundation for supporting the distribution of hard-copies of these orders throughout Southern Africa and I pray you have a very blessed Sunday and have time to meditate on today’s watchword from Ps.130,4:  “But with you o Lord there is forgiveness; therefore you are feared.” (NIV)

You might also be edified by listening to the gospel put to music by Heinrich Schütz – Du Schalksknecht (SWV 397): “http://www.youtube.com/watch?v=NPgFR33cQsQ&feature=related

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Losung und Lehrtext für Freitag, den 2. November 2012

Losung und Lehrtext für Freitag, den 2. November 2012

Es ist ein köstlich Ding, geduldig sein und auf die Hilfe des HERRN hoffen. (Klagelieder 3,26)

Seid standhaft und ihr werdet euer Leben gewinnen.  (Lukas 21,19)

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Good decision. Read a commentary from Centre for Constitutional Rights

CFCR WELCOMES SETTLEMENT IN HATE-SPEECH MATTER

Adv Johan Kruger – Director: Centre for Constitutional Rights

The Centre for Constitutional Rights (CFCR) welcomes a decision by the African National Congress (ANC) not to proceed with an appeal against a judgement of the South Gauteng High Court, which held that the struggle song,Dubul’ iBhunu (Shoot the Boer), amounted to hate speech.

The South Gauteng High Court, sitting as the Equality Court, in 2011 held that the words of the song were “derogatory, dehumanising and hurtful” and as such interdicted the ANC from singing this song. The ANC initially appealed the ruling.

The CFCR commends all parties involved – including the ANC, AfriForum and agricultural union TAU SA – in reaching the reported out-of-court settlement. Dialogue on all levels of society and aimed at finding common ground in the interest of everybody who lives in South Africa, is indeed what has been amiss in our society.

Our future is founded on the values, rights and principles enshrined in our Constitution. In this regard, the Constitution certainly protects the right to freedom of expression and recognises our respective heritage and cultural differences. However, the Constitution is clear on the fact that we cannot claim those rights in complete ignorance of the rights of others. Any part of our heritage or culture that is “derogatory, dehumanising and hurtful” to those around us, has no place in our constitutional democracy and cannot be justified on any grounds – most certainly not in terms of the Constitution.

Our future depends on an interpretation of our constitutional rights that reflects our resolve to live together in South Africa, united in our diversity. This is only possible if the interpretation of our rights and responsibilities is based on mutual respect, common understanding and sincere compassion, regardless of race, culture or creed.

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FW DE KLERK TALKS ABOUT 1994, 2012 AND 2020

FW DE KLERK TALKS ABOUT 1994, 2012 AND 2020

In a speech to business people in Johannesburg, FW de Klerk discussed where we have come from since 1994; where we are in 2012 and where we may be in 2020.

He said that 1994 was our proudest moment. It arose from a solemn national accord that was negotiated by parties representing majorities from all our communities.  However, there was a growing tendency for the ANC to claim sole credit for the establishment of our new society and to downgrade important elements of our national accord as temporary compromises.

1994 – and the subsequent 1996 Constitution – encompassed all the basic rights that South Africa needed to maintain a free and prosperous society.

South Africa had achieved many successes since 1994 – many of them as a result of government action. They included 18 years of economic growth and significant social progress. There had been moments – like the 2010 Soccer World Cup – “when we have lived up to Archbishop Tutu’s characterization of us as the Rainbow Nation of God”.

“Nor would it be fair to blame all our present problems solely on the government.  The reality is that it has had to contend with enormous socio-economic backlogs inherited from the past”.

By the same token, it was also unfair to blame all the problems of the present on the past.

De Klerk believed that, after 18 years in government, the ANC was primarily responsible for the current crisis. According to the National Planning Commission our critical problems included high unemployment; poor education; poor public service delivery; corruption; and the fact that South Africa is still a divided society.

De Klerk believed that the underlying cause of these problems was the Alliance’s adherence to “unconstitutional and fundamentally inappropriate” ideologies. The ANC’s National Democratic Revolution was directed against the majority of white South Africans and was aimed at redistributing property and jobs so that they reflected the demographics of the country at all levels in the private and public sectors. “This would involve an enormous process of social engineering in which people’s prospects would once again be determined by race, rather than by individual merit and circumstances.”

The NDR was also the source of radical policy proposals that the ANC’s Policy Conference had adopted in June and that would be presented to the National Conference in December. They included:

  • the establishment of a “developmental state”;
  • “state ownership, including more strategic use of existing state-owned companies, as well as strategic nationalization…”;
  • greater state involvement in mining, falling short of outright nationalization;
  • government utilization of insurance and pension fund assets for state developmental projects;
  • a reassessment of the provincial system;
  • accelerated and radical land reform;
  • the down-grading of private property rights to freehold “with limited extent”; and
  • a prohibition of foreign land ownership.

The other ideology underlying the present crisis was the Marxism-Leninism of the SACP and Cosatu. It was one of the main causes of unemployment and of our failure to attract the foreign investment.

South Africa had the worst labour relations in the world; the second worst hiring and firing practices and the fourth worst flexibility of wage determination.

Cosatu had steadfastly opposed proposals to open labour markets to the unemployed – including proposals at the ANC’s 2005 National General Council for a two-tier labour system and more recent proposals for a youth employment subsidy.

On top of all this had come the Marikana massacre, the subsequent violent wildcat strikes and hopelessly unrealistic wage demands.

As a result, foreign direct investment had fallen by 43.6% in the past year – the largest decline among all developing economies. Moody’s had downgraded South Africa’s sovereign credit rating because of concern over policy uncertainty ahead of the Mangaung Conference and “the South African authorities’ reduced capacity to handle the current political and economic situation…”

This was where South Africa found itself in 2012.

A rising tide of corruption, ineptitude, cadre deployment and inappropriate ideology had inundated much of the state sector and was threatening economic growth and jobs.

Nevertheless, substantial areas of high ground continued to stand above the deluge, including the Treasury, the Judiciary, the Public Protector, the Western Cape and Cape Town. “They also include great swathes of the private sector, our banks, our farmers, our mines and service industries that continue to perform with excellence.”

These were, however, the very institutions that would be targeted by the ANC’s  proposals for an all-encompassing developmental state.

De Klerk said that he didn’t want to attach percentages to the ‘high road’, ‘downhill road’ and ‘precipice’ scenarios. However, he did want to share his views regarding the factors that would lead to them.

One of the routes to the high road lay through the implementation of the sensible and balanced policies set out in the National Development Plan.

Another lay in the ability of opposition parties to form a broad electoral front. “I have long supported such a development and enthusiastically welcome the initiative that Helen Zille has launched in this regard.”

A third route to the high road might arise from a split between the increasingly fractious factions that make up the ANC Alliance.

Maintenance of our present downward road would require the ANC to revert to the “First Phase” policies that it had implemented during the past 18 years. However, it would also have to restore investor confidence and establish some degree of order in the labour market.

Finally, if the ANC implemented the radical policies proposed at its policy conference it would be heading for the precipice.

De Klerk said that there were neverthless several reasons why South Africans should not be despondent.

  • Firstly there was the Constitution, which placed real constraints on government power.
  • Secondly, any government action that deviated too significantly from international norms of democratic and economic governance would be severely punished by markets and international opinion.
  • Thirdly, no modern state could successfully govern against the will of substantial minorities.
  • Fourthly, those who supported pragmatic constitutional and economic approaches had an enormous advantage on ‘the battlefield of ideas’.
  • Finally, support for the Constitution was no longer a black/white thing. Black politicians, journalists, businessmen and religious leaders were in the vanguard of those who support the Constitution.

De Klerk said he was confident that we would achieve the high road provided we could work together as South Africans to achieve the vision in our Constitution.

Issued by the FW de Klerk Foundation

Afrikaanse teks sal volg op webtuiste
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Losung und Lehrtext für Mittwoch, den 31. Oktober 2012

Losung und Lehrtext für Mittwoch, den 31. Oktober 2012

Wie ein Adler ausführt seine Jungen und über ihnen schwebt, breitete der HERR seine Fittiche aus und nahm sein Volk und trug es auf seinen Flügeln. (5.Mose 32,11)

Ihr werdet durch Gottes Macht durch den Glauben bewahrt zur Seligkeit, die bereit ist, dass sie offenbar werde zu der letzten Zeit. (1.Petrus 1,5)

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Census 2011: Meet the face of South Africa | News | National | Mail & Guardian

Statistics – in a polarized country like ours – this becomes something like speculation, because you are bringing extremes to a common denominator. In the end things looked at this way look far brighter, because it smooths out the extreme edges and makes it so much easier to digest. Really must take this with more than a pinch of salt: Census 2011: Meet the face of South Africa | News | National | Mail & Guardian.

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Losung und Lehrtext für Dienstag, den 30. Oktober 2012

Losung und Lehrtext für Dienstag, den 30. Oktober 2012

Jesus Christus herrscht als Koenig alles wird ihm untertaenig, alles legt ihm Gott zu Fuss…

Siehe, der HERR lässt es hören bis an die Enden der Erde: Sagt der Tochter Zion: Siehe, dein Heil kommt! (Jesaja 62,11) Darum erhebt Eure Haupter, weil sich Eure Erloesung naht! Der Herr ist nahe und wir beten in freudiger Erwartung: Ja, komm Herr Jesus – komme bald! Und zwar in Herrlichkeit zu richten die Lebendigen und die Toten und zwar in seinem Reich, das kein Ende haben wird. Er hat uns auf dieses sein zweites Kommen vorbereitet als er als Mensch geboren, gelebt, gelitten, gestorben und schliesslich auferstanden ist. In dieser niedrigen Gestalt hat er alles erfuellt, damit wir beim naechsten Kommen nicht verzagen muessen, sondern ihm in getroster Zuversicht entgegen gehen koennen. Er kommt uns ja nicht zum Gericht, sondern zum Heil und zur Erloesung. Darum singen wir ihm schon jetzt dankbare Loblieder. Gewiss er wird es nicht versaeumen, sondern bald kommen und uns sehen lassen, was er uns verheissen hat und wir um seinetwillen geglaubt haben; denn siehe, er, der dieses versprochen hat ist getreu und haelt was er zugesagt hat. Das ist alles von Anfang so bestimmt, aber zu seiner Zeit wird es auch erfuellt – wie bereits schon Entscheidendes erfuellt ist – wenn auch noch nicht alles. Es steht geschrieben: Christus ist zwar zuvor ausersehen, ehe der Welt Grund gelegt wurde, aber offenbart am Ende der Zeiten um euretwillen. (1.Petrus 1,20)

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THE TRIAD OF SOCIETY, THE OFFENDER AND THE CRIME

This is a posting from the FW de Klerk Foundation and demonstrates serious issues in our society, judiciary and politics. Read more about it here

THE TRIAD OF SOCIETY, THE OFFENDER AND THE CRIME: A RECENT HIGH COURT JUDGMENT

Adv Jacques du Preez, FW de Klerk Foundation

On 13 August 2012, in the Western Cape High Court, Judge President Hlophe (with Simela J concurring) set aside a three-year prison sentence imposed by a magistrate’s court, for the theft of goods to the value of R112. The case merits further scrutiny because of its effect on the proper balance between society, the offender and the crime.

In overturning the sentence on review, Hlophe JP emphasised the principle of ubuntu and argued that the magistrate had misdirected himself by placing too much emphasis on the accused’s previous convictions.

Although this was in essence nothing more than a normal review by a High Court of a judgment (and specifically sentence), the facts warrant closer analysis and wider dissemination because of their relevance to the debate on the most appropriate judicial response to rampant crime in South Africa.

The accused was found guilty of theft in Manenberg in 2011 after he had pleaded guilty to stealing 40 packets of yeast worth R112. Despite the relatively low value of the stolen goods, the magistrate sentenced him to three years direct imprisonment.

A core factor in the court a quo’s reasoning in imposing sentence, was the fact that the accused had 17 previous convictions, dating back to 30 September 2002. These included housebreaking with intent to steal, and theft. For these crimes he was given various sentences, ranging from being cautioned and discharged, to fines, community service, correctional supervision and/or different periods of direct imprisonment. All the prison sentences were suspended – on condition that he was not found guilty of further crimes within specified periods. Despite this, the only custodial  sentence that he served was  in 2003. The most recent crime committed by the accused in casu, was theft (on 31 December 2010), for which he was sentenced on 3 January 2011.

The accused admitted these convictions and confirmed that he had used various different identities when pleading to those crimes.

In his judgment, the magistrate provided the following reasons for the sentence he imposed:

Noteven the correctional supervision given to the accused has deterred the accused to stop this kind of behaviour. The last time the accused received direct punishment was in 2003. After that he received correctional supervision for a housebreaking matter but this also did not rehabilitate the accused because the next year or while he was still doing his correctional supervision he was again convicted and given 16 hours of community service. Even these have gone and the accused does not stop with his offending.”

On review, Hlophe JP confirmed the conviction but set aside the sentence imposed by the magistrate and substituted it – cautioning and discharging the accused and ordering that the accused be released from prison immediately.

In South African criminal law the sentencing Court enjoys a wide discretion when considering sentence, except where a minimum sentence is applicable in terms of sections 51 – 52 of the Criminal Law Amendment Act 105 of 1977. As early as 1920, the then Appellate Division ruled in the case of R v Mapumulo that imposition of sentence is “pre-eminently a matter for the discretion of the trial Court.”

Sentencing in criminal matters involves a number of rationales including: retribution, prevention, deterrence, reformation or an integrative approach comprising deterence and retribution. Modern sentencing policy in our Courts is generally aimed at a balanced combination of these and other factors, especially given the framework of rights within our constitutional dispensation.

In the well known case of S v Zinn the then Appellate Division ruled that in exercising its discretion the Court must consider the so-called “triad” consisting of the crime, the offender and the interests of society. This means that there is a space for considering ubuntu when weighing sentence, although it is but one of many factors.

In the matters of S v Khumalo and R v Karg – both former Appellate Division rulings – it was held that deterrence is the main purpose of punishment as well as the essential all-important and universally admitted object of punishment.

Our Courts have consistenly ruled that imprisonment should not be lightly imposed if the objective of punishment can be met in another way. Previous Courts for this accused have gone down this route and clearly the magistrate in casu considered those options and their effects  on the accused.

It is clear from further passages in the judgment that the magistrate did not misdirect himself by placing too much emphasis on the accused’s previous convictions.

The question is this: in setting aside the sentence, did Judge President Hlophe find a proper balance between the crime, the offender and the interests of society? What message does his judgment  send to the public and to criminals? Should the principle of ubuntu be used to condone repeated and consistent criminal behaviour?

Hlophe JP also made the remark that in his view the magistrate passed the sentence “in anger”. However, in the Appellate case of S v Holder the Court ruled that imaginary misdirections should not be relied upon when altering  sentences as such a course undermines confidence in the judicial officer who tried the case. We should therefore also ask what message Hlophe JP is sending to our magistrates.

Read the judgment HERE.

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Executive Secretary of the ILC appointed

Bishop Hans-Joerg Voigt [SELK] as presiding Bishop of the International Lutheran Conference [ILC] announces the appointment of Dr. Albert B. Collver II as executive secretary of the ILC. Read the official letter here: ILC Announcement Collver Appointed ILC Exec Secretary 10292012

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Losung und Lehrtext für Montag, den 29. Oktober 2012

Losung und Lehrtext für Montag, den 29. Oktober 2012

Bis hierher hat uns der HERR geholfen. (1.Samuel 7,12)

Der Herr stand mir bei und stärkte mich, damit durch mich die Botschaft ausgebreitet würde. (2.Timotheus 4,17)

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