Understanding the OGOD judgment

The role of religion in public schools is not settled quite yet

By Safura Abdool Karim
29 June 2017

On Wednesday the Gauteng High Court handed down a judgment on the role and place of religion in public schools.

The case was initially brought by the Organisasie vir Godsdienste-Onderrig en Demokrasie (OGOD), an association that deals with constitutional violations concerning religion and public schools, against six public schools in Gauteng and the Western Cape. However, the relief sought by OGOD was to apply to any public school within South Africa, not just the six listed in their application. The Ministers of Education and Justice were also joined in proceedings. Also, a number of civil society organisations, including CASAC (Council for the Advancement of the South African Constitution), the trade union Solidarity and Afriforum were joined as friends of the court.

CASAC, represented by SECTION27, argued that some of the practices adopted by schools are inconsistent with the Constitution. Other amicus, Cause for Justice, the South African Council for the Protection and Promotion of Religious Rights and Freedom and Afriforum argued in favour of maintaining a place for religion within public schools over a secular approach.

In essence, the OGOD’s application asked the court for a declaration confirming that certain types of activity are breaches of the National Religion Policy and also unconstitutional. These include promoting only one religion, associating the school with a particular religion and requiring a learner to disclose adherence to a specific religion. OGOD also sought interdicts against seventy-one different kinds of conduct by schools, including “having a value that learners strive towards faith”, referring to any deity in a school song and prayers dedicated to a specific God, on the grounds that this conduct did not comply with national policies and legislation. OGOD also attempted to interdict the teaching of creationism.

The schools relied on section 15(2) of the Constitution. Under section 15, religious observances may take place at state and state-aided institutions if they are conducted in an equitable manner and that attendance is free and voluntary. The Schools Act makes a similar provision for religious observance provided that it is in line with the Constitution.

The schools argued that they were entitled to the right to freedom of religion under the Constitution and to have an ethos that referenced a particular religion. Also, the schools argued that section 15(2) allowed for religious practices and observances to be conducted at schools, if students and staff attendance is free and voluntary as opposed to compulsory or coerced.

The court found that the interdicts sought by OGOD could not be granted on procedural grounds, namely that the application had been incorrectly formulated to rely directly on the Constitution rather than the specific school policies and rules as formulated by the School Governing Bodies (SGBs). Also, the court found that the provincial governments should have been joined as parties to the application. So the court did not rule specifically on whether the conduct highlighted by OGOD, including the teaching of creationism and the handing out of Bibles was unlawful.

Despite finding that the interdicts could not be granted, the court did decide on a narrower issue, where a public school endorses one religion to the exclusion of others. The six schools joined in the application all based their ethos on Christian values. The question the court considered was whether this adoption and endorsement of Christianity by public schools was in line with the Constitution and the recognition of diversity.

The court found that there was no law or provision in the Constitution which gave public schools and SGBs the right to adopt an ethos from one religion to the exclusion of others. All that the laws provided for was that SGBs could make rules that provided for religious policies and observances to be conducted on an equitable basis. This means that schools must treat different religions with an “even-hand”, which includes not favouring one and excluding other religions.

The court held that public schools may not adopt one religion to the exclusion of all others. The court made a declaratory order confirming that a public school cannot promote that it adheres predominantly to only one religion to the exclusion of others or hold itself out as promoting the interests of one religion over others.

In essence, this means that public schools may still conduct religious observances and promote religious values provided that these observances and values recognise a diversity of religions (including atheism or an absence of belief) and do not place one religion above all others. How this practically impacts the formulation of a school’s ethos remains to be seen.

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Published originally on GroundUp .

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2 Short stories for you

The Deceitful Crow

A crow once visited the island of birds and longed to feast on the fledglings and eggs. He stood on one leg with his mouth open and declared that he was a holy being who lived on nothing else but wind. Believing the sly crow, the birds requested him to watch over their eggs and babies while they went to gather food. When the birds were gone, the crow went up to their nests and ate up most of the eggs and babies.

When the birds returned, they raised a hue and cry looking for their eggs and their young ones, without once suspecting the crow who they believed was a holy being. Day passed and one day the Bodhisattva, who was the king of the birds, secretly kept watch, and caught the crow red-handed and punished him.

The author of this story is unknown and greatly appreciated!

Yayati And God Of Death

There is a beautiful story, a great parable in the Upanishads:

One of the great kings, Yayati, was dying. He was a hundred years old, ripe enough to die — one should be ready by that time — but not grown-up enough; the seed of renewing life was not yet burnt. So when death came, Yayati fell at the feet of Death — a great king, a great conqueror! — and he said to Death, “Spare me only one hundred years more. I don’t ask for more, just one hundred years more. And it is nothing for you, you can do it. All my desires are still unfulfilled because I had never thought about you. I was simply preparing and preparing. I have not enjoyed my life. Now that everything is ready — I have conquered the whole world, I have all the riches, the most beautiful women, the most intelligent and courageous sons, the best army in the world, everything is settled, all enemies killed — I was just thinking to relax and enjoy. Is this the time to come? All these hundred years have been spent simply in preparing for these moments. Spare me just one hundred years more so that I can live to my heart’s content.”

Death laughed and said, “I am ready to spare one hundred years more to you, but I will have to take one of your sons because I have to go with somebody who resembles you; if not you, at least one of your sons. I can’t go empty-handed, I have to give the account to my boss himself. He will ask, ‘Where is Yayati?’ What am I going to say? Such a thing has never been done before, but I feel sorry for you. Just ask one of your sons.”

Yayati had a hundred sons; he must have had a hundred wives too. He asked his sons. The oldest was eighty, but he started looking downwards, was not ready to say yes. Why should he? He had lived only eighty years; if his father is not contented with a hundred years, how can he be contented with only eighty years? At least twenty years more he is entitled to live. In those days, the story says, people used to live a hundred years. Why should he die a premature death, an untimely death? And this old fellow has lived enough! He did not want to hurt the old man so he didn’t say anything, he kept quiet.

The father was very much shocked; he used to think that his sons were ready to sacrifice themselves. But in this world nobody is ready to sacrifice himself for anybody else. He looked around. His sons also started looking at each other, meaning “Why don’t YOU go?”

The youngest, who was only twenty years old, stood up and he said, “I am ready. Take me with you, I am coming with you.”

Even Death felt sorry for the boy. Death came close to the young man and said, “Are you a fool or something? Your other brothers — one is eighty, one is seventy-five, one is seventy, sixty, sixty-five, fifty — these people are not ready to go and you are the youngest, you have not lived at all. Why are you ready to go?”

The young man said, “If my father could not live in a hundred years, if my eldest brother could not live in eighty years, if my other brothers… nobody has been able to live, then the whole project is nonsense. I don’t want to waste time. If I have to die it is better to die now. Why wait for eighty years? If THESE people have not been able to manage, it is absolutely certain it is unmanageable. And let my father try a hundred years more.”

Death tried to convince him, but he wouldn’t listen. Death had to take him away.

After a hundred years, Death came back and the situation was the same. Again Yayati fell at his feet and started crying and weeping and he said, “I know that now I should be ready, but nothing is fulfilled yet; all the desires are the same. I have LIVED all the desires, I cannot say that I have not lived them, but nothing is fulfilled. I want more! Now that I have lived a hundred years a new desire has arisen — I want more! I want to live at least one time more, a hundred years more, just one time more.”

And this went on happening again and again. When Yayati became one thousand years old and Death came, he was just going to fall at his feet. Death said, “Wait — enough is enough! Can’t you see the point, Yayati? Are you so blind? You have lived one thousand years, and you have been doing the same things again and again. You have done nothing new in these one thousand years, and still you want more? Can’t you see the simple point that mind lives in the more, it goes on asking for more? There is no end to it. Now you come with me — I am not going to listen anymore. Now even my boss is feeling angry with me. He says, ‘This is too much! This man has been given too much time.’ But I also wanted to try — let us see what you can make out of one thousand years. You have not made any progress, you are exactly in the same place, going in circles.”

Source

Big Gatherings, Small Spaces

(Family Features) Not every home is equipped with an expansive lawn dotted with natural gathering places. Though these settings make entertaining easier, small garden spaces and patios lend their own special character for hosting get-togethers that are just as pleasing.

Making the most of your limited space, getting creative and planning carefully are essential when it comes to hosting a small-space celebration.

Be smart about space. The first step in preparing your area for entertaining is eliminating any unnecessary clutter. Not only will unnecessary items restrict your physical space, they also create visual distractions that can make a modest setting appear smaller. Another savvy tip is to rely on multi-purpose furniture and accessories, such as a storage ottoman that functions as a footrest or extra seating. When shopping for furniture, keep scale in mind and avoid purchasing bulky pieces that will dominate the space.

Especially if your guest lists fluctuate often, look for comfy but portable seating you can easily add or remove as needed. As you arrange furniture, stick to the perimeter. Avoid large, centrally placed patio tables or fire pits that might create an obstacle, and instead create intimate conversation spots with a couple of chairs and a table in-between.

For more intimate gatherings and a small plate-centric menu, a counter-height island surrounded by barstools is a solution that provides a handy prep surface, eating location and opportunity to engage with guests while you refill serving dishes.

Create a fun vibe. Set the right mood for your get-together and guests will quickly forget they’re in a confined area. A cozy, comforting ambience works well for most small spaces. Soft lighting, plush textiles and warm color tones all lend well to an intimate setting.

However, it’s also possible to bring a more upbeat, contemporary aura to your event; a minimalist approach to furnishings and more vibrant color scheme can also help make the space seem larger. The key is creating balance and keeping decorations to a minimum so they don’t overwhelm, rather than accent, the space.

Get organized. Traffic flow can be the biggest obstacle of hosting in a small space, but artful planning can help ensure guests can access all the necessities with ease. Start by making sure there’s a clear path to entry and exit points. Situate food stations away from the doorways to discourage groups from forming and preventing guests from moving around, finding their way to the restroom and so on. Rather than a single buffet table, which can create lines and congestion, try scattering food stations around the area in which you’re entertaining.

Another way to boost your culinary offering: take advantage of vertical space with tiered serving platters. When it comes to beverages, complementing the evening’s decor with stylish containers holding drinks on ice can provide a fun pop of color and break up the food and beverage areas.
Find more tips to perfect your small-space entertaining at eLivingToday.com.

8 Tips for Urban Gardening

City dwellers often think gardening is only for those who live in suburbs or rural communities, but planting an urban garden can be easy.

Whether you are planting a garden for yourself or your family, you can do your part to create a more sustainable and green future with these simple steps recommended by Arjan Stephens, executive vice president at Nature’s Path Organic Foods:

1. No Space, No Problem: Not everyone has a backyard, roof or balcony. To overcome this issue, start a container garden. You can use a large bucket, which is a low-cost and effective option, or upcycle containers not in use, such as crates, old toys or paint cans.

2. Plant Selection: There are vegetable, flower and herb varieties that are easy to grow in urban spaces. When planning your garden, think about what to plant – shallow-rooted veggies, such as herbs, lettuce and radishes typically do better in confined spaces.

3. It Takes a Village: In addition to establishing your own garden, another way to plant is by getting involved with community gardens. Each year, Nature’s Path Food’s Gardens for Good program supports community gardens that make fresh, organic food more accessible in local neighborhoods. Three $15,000 grants are available to gardens that demonstrate high community support and a viable plan for the urban agriculture project.

4. Plant Right: Put some gravel in the bottom of your container to help with drainage and fill with soil, tamping it a bit. Leave 1 inch at the top for watering. Tamp the soil after the plants are in place and water gently.

5. Grow Up: Small spaces make it ideal to grow vertically, which means planting tall plants like squash, cucumbers, beans and tomatoes.

6. Drain Gain: Whatever container you choose for your garden, remember drainage holes are essential. The holes need to be large enough to allow excess water to drain out.

7. Water Wise: Hand water every morning. Once the plants are large and summer is hot, they will probably need watering in the evening, too.

8. Soil Smart: A common mistake urban gardeners make is not making sure their soil is good quality. While those made with pesticides promise great results, they are loaded with chemicals. Go for organic soil instead.

Find more details about Gardens for Good and urban gardening at naturespath.com.
Photos courtesy of Getty Images
SOURCE:
eLivingToday.com

Weekend wisdom

"Suppose someone says something that angers you. Your old pathway wants to say something to punish him. But that makes us victims of our habit energy. Instead, you can breathe in and say, “Unhappiness is in me, suffering is in me, anger is in me, irritation is in me.”

That is already helpful, recognizing your feelings and helping you not to respond right away. So you accept that anger and irritation in you, and smile to it.

With mindfulness, you look at the other person and become aware of the suffering in him or in her. He may have spoken like that to try to get relief from his suffering. He may think that speaking out like that will help him suffer less, but in fact he will suffer more.

With just one or two seconds of looking and seeing the suffering in him, compassion is born. When compassion is born, you don’t suffer any more, and you may find something to say that will help him.
With the practice, we can always open new neural pathways like that. When they become a habit, we call it the habit of happiness."

~Thich Nhat Hanh ~

"If we are not happy, if we are not peaceful, we cannot share peace and happiness with others, even those we love, those who live under the same roof. If we are peaceful, if we are happy, we can smile and blossom like a flower, and everyone in our family, our entire society, will benefit from our peace."

~Thich Nhat Hanh

"We shall require a substantially new manner of thinking if mankind is to survive." ~Albert Einstein
"When fear-based thinking dominates a society the innate wisdom and compassion of artists, poets, teachers, musicians, women, children, elders and animals is often treated as inferior and unimportant- if it does not support the goals of leaders- be they kings, queens, emperors, dictators, terrorist masterminds or corporate CEOs…

Jesus understood this, as did the Buddha, Lao Tsu, Gandhi, Helen Keller, Mother Theresa, the Dalai Lama, John Lennon, Martin Luther King, Jr. and countless others down through the ages. Millions honor and treasure their words, but are we ready yet to become “warriors” of compassion, to put wisdom into action, to open our hearts and question the fearful and aggressive thinking that our “great civilizations” continue to perpetuate?

As Einstein said, in order for our species to survive, we may have to…"
~Christopher Chase

Empty yourself of everything.
Let the mind become still.
The ten thousand things rise and fall
while the Self watches their return.
They grow and flourish
and then return to the source.

Returning to the source is stillness,
which is the way of nature.
~Lao Tsu
Tao Te Ching

“The final Buddhist vision of the world as the dharmadhatu– loosely translatable as the “field of related functions”- is not so different from the world view of Western science, except that the vision is experiential rather than theoretical.

Poetically, it is symbolized as a vast network of jewels, like drops of dew upon a multi-dimensional spider web. Looking closely at any single jewel, one beholds in it the reflections of all the others. The relationship between the jewels is technically called “thing/thing no obstacle” (shih shih wu ai), which is to say that any one form is inseparable from all other forms."
~Alan Watts

"Trees are sanctuaries. Whoever knows how to speak to them, whoever knows how to listen to them, can learn the truth. They do not preach learning and precepts, they preach undeterred by particulars, the ancient law of life."
~ Hermann Hesse ~

"All the visible Universe is the Buddha; so are all sounds; hold fast to one principle and all the others are Identical. On seeing one thing, you see ALL. On perceiving any individual's mind, you are perceiving ALL Mind. Obtain a glimpse of one way and ALL ways are embraced in your vision, for there is nowhere at all which is devoid of the Way.

When your glance falls upon a grain of dust, what you see is identical with all the vast world systems with their great rivers and mighty hills. To gaze upon a drop of water is to behold the nature of all the waters of the Universe. Only come to know the nature of your own Mind, in which there is no self and no other, and you will in fact be a Buddha."
~Huang Po~

"The most difficult thing is always to keep your beginner's mind. There is no need to have a deep understanding of Zen. Even though you read much Zen literature, you must read each sentence with a fresh mind. You should not say, "I know what Zen is," or "I have attained enlightenment." This is also the real secret of the arts: always be a beginner. Be very very careful about this point. If you start to practice zazen, you will begin to appreciate your beginner's mind. It is the secret of Zen practice."
~Shunryu Suzuki~