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A #thread about #restorativejustice and the power of the #divinewithin.
1. I was asked to represent some men pro bono facing charges of malicious damage to property, breaking and entering and trespass.
They were rubbish collectors.
1. I was asked to represent some men pro bono facing charges of malicious damage to property, breaking and entering and trespass.
They were rubbish collectors.
2. Homeless, these men collected rubbish and would recycle what they could to make a living.
Their charges arose because they would congregate on vacant land to sort their rubbish. This vacant land belonged to a little old Jewish lady, who had fenced it off. They cut the fence.
Their charges arose because they would congregate on vacant land to sort their rubbish. This vacant land belonged to a little old Jewish lady, who had fenced it off. They cut the fence.
3. The city council fined her if her vacant property was not maintained. She'd inherited the property and was waiting for a developer to buy it. She didn't earn much and couldn't really afford the fines (R1000 at a time). She got gatvol and called the cops on my clients
4. I asked the prosecutor to divert it to mediation, even though the complainant was against it. I asked to sit in on the mediation.
It was one of the biggest eye openers of my career.
It was one of the biggest eye openers of my career.
5. Little Old Lady (LOL) sat on one side of the table. Clients sat on the other. LOL held her voluminous bag on her lap, defensive posture. Clients were defeated men. Loving in the fringes of society, ready for abuse. Both sides oblivious to each other's reality.
6. The mediator started by asking LOL to explain her position, which she did using the usual entitled language of "it's my land" etc. She then asked them why they didn't use their own yards to sort the rubbish.
One said: we have no homes. No space to do our work.
One said: we have no homes. No space to do our work.
7. I saw her visibly sit back. She realised that these men were literally homeless. They used her land as a safe space to meet, sort the rubbish and to socialise.
She started seeing them as humans.
She started seeing them as humans.
8. The mediator asked, gently, what the harm to her was. She told them that she had put up the fence because the city council fined her if her property was not maintained. They were shocked. They didn't know that their actions cost her money.
9. As they spoke, I watched their body language. She put her bag down and relaxed her posture. They leaned forward to engage her.
The mediator said very little. He occasionally asked a question. They spoke. They listened. They heard.
The mediator said very little. He occasionally asked a question. They spoke. They listened. They heard.
10. By the end of the mediation, she agreed to allow these men to use her land as a safe space to gather, provided they kept it tidy. In turn, they agreed to repair the fence and maintain the property. She offered to help to find them more formal and regular income.
11. They walked out of that room not as friends, but no longer as strangers.
The power of mediation was brought home to me that day.
The ties that bind us are stronger than what threatens to divide us. We just need to reach out. Put down our baggage. Listen.
The power of mediation was brought home to me that day.
The ties that bind us are stronger than what threatens to divide us. We just need to reach out. Put down our baggage. Listen.
12. We are social animals. We want to cooperate. It's in our nature.
We need to fight against those who would prefer to divide us.
I am eternally grateful for what I learned that day
@sheena_ostjon
We need to fight against those who would prefer to divide us.
I am eternally grateful for what I learned that day
@sheena_ostjon
PS when I talk about the "divine within", I'm talking about that spark of humanity which we recognise in each other, regardless of how much society tries to divide us.
Some see it as God's grace.
I see it as humanity's salvation.
Some see it as God's grace.
I see it as humanity's salvation.
