Mercy for mom who stole cough syrup
By Zelda Venter, High Court Reporter
AN UNEMPLOYED single mother who stole a R20 bottle of cough syrup she desperately needed for her sick toddler received some mercy from the Pretoria High Court when it ordered that she be refunded the fine that she had paid.
The Mamelodi Magistrate’s Court earlier convicted Linah Matshika of theft after she pleaded guilty to the charge. Half of her sentence of a R2 000 fine or six months in jail was suspended, which in effect meant that the mother, who could not even pay for her three-year-old’s cough medicine, had to pay R1 000 to stay out of prison.
The lower court gave her some grace by ordering that she could pay the fine in monthly installments of R250.
The 26-year-old mother somehow managed to pay the fine, but judges Brian Southwood and Cynthia Pretorius ordered that the clerk of the Mamelodi Magistrate’s Court had to pay the money back to her.
The matter came before the Pretoria High Court by way of a review, during which the judges questioned whether the sentence was too harsh and why the lower court had not imposed a non-customary sentence.
The magistrate then suggested a fine of R500 or 50 days’ imprisonment, as she agreed the fine was too harsh. The Director of Public Prosecutions agreed with this, but suggested the sentence be wholly suspended.
The judges, however, felt a R300 fine, totally suspended, was more appropriate.
The lower court heard that Matshika had stolen the cough medicine for her child “not out of greed, but out of need”.
Judge Southwood said that while shoplifting was extremely prevalent and was seen in a serious light, it had to be remembered that the value of the medicine was probably not more that R20.
“This was obviously a case of petty theft and should have been dealt with accordingly. The sentence imposed was clearly excessive,” the judge said.
This got my imagination going. Here is an article that may appear one morning in the Jesusburg News…
King of kings, Lord of lords, and Judge of judges
By Joao Batista, Judgment Seat Reporter
A successful professional was greeted today at the Pearly Gates by St Peter. He was an octogenarian who grew up in a Christian home, had a tertiary education, and rose to the top level of his profession, as anticipated when his peers in high school elected him “most likely to succeed”.
St Peter’s welcome was as warm as ever. While flipping through his Portfolio of Evidence (presented on arrival by the Guardian Angel), outlining an illustrious career, the Gate-Keeper paused at one page. “You convicted a woman for stealing a R20 bottle of cough syrup for a sick baby?” he asked. The retired judge stood silent in shock and awe. All he could think to say was that he had always tried to uphold law and order, to keep the streets safe in his community.
“Sorry” said the saint, “but I cannot take you to the mansion that I had reserved for you. First you will have to visit the Judgment Seat. At least it will fast-track you past all the discoveries, which can take time.” The judge was escorted out by two spirit-guards, as he no longer had any need for body-guards.
The retired judge had never seen a court like this one! Instead of rising when the Judge of all the Earth entered, everyone sat down, men and angels alike. The High Judge of Jesusburg greeted his interviewee politely, noting that he too had once been a judge - in Mamelodi. He stunned the judge by giving him a choice – an apartment in a high rise occupied by single mothers (the penthouse of which was reserved for one Linah Matshika and her family), or row-housing in a district where many other professionals resided (crowded, but after all - the streets are paved with gold!).
“I am downgrading you for fining a petty thief more than she could ever hope to pay. She put everything on the line for her baby. She put herself in harm’s way to save a child. She may not have been a good citizen, but as a mother - she did what it takes. She may not have been doing things right, but she was doing the right thing.”
Managing Diversity
Easter yielded up such a great example of the tendency that enclaves have to diverge rather than to converge… There has been a huge controversy in Durban over hot-cross buns! This is because the Indian community is so large in that city, that many of the bakers prepare their products according to “halaal” requirements. Only in South Africa would you find hot-cross buns for Easter marketed with the “halaal” stamp on the packaging!Jesus would have loved this, I am sure. This is what he was on about! It’s precisely this kind of tolerance in “managing diversity” that he championed. Sadly, you had Christians furious over it, threatening to boycott!
Allow me to share a bit of unabridged “blogging” that followed my last prayer letter. Without naming the person – a pastor who I have known for decades… He wrote:
Thanks for your thought provoking blog. I always enjoy your writing -- sometimes I do not understand it -- but I always enjoy it. My life is blessed because I had the change to work along side you and to know your heart.
He didn’t say what he didn’t understand, but after some reflection I guessed that it might be my Bible-thumping about a borderless church in a borderless world! So I replied:
In the Christian spectrum there are 3 schools of thought about Salvation. First, Catholic thought which sees the Sacraments as the key. Then the Reformation thinking which sees justification by faith - some call it revivalism. Third, there is the radical view that it comes from Community.
In my writings, I always try to show respect for ALL views because that inclusiveness is to me what Jesus taught and modeled. I try to widen people's horizons a bit. For this reason, I may not always be understood, from where you stand. But thanks for enjoying it anyway.
Happy Easter!
Then I got this amazing connectedness back from him:
Chuck -- thanks for the insight. I am currently taking training to qualify as a hospital chaplain. One of the things that I am working on is "cultural humility" -- the willingness to be open to the beliefs of others without losing my own identity. Attending to, and caring for, people with religious/spiritual beliefs other than my own is part of the pastoral care role that we play. I am enjoying it very much -- but finding it to be a constant challenge. Blessings.
This made my Easter! Blogging rocks! I told him so:
Ya, cultural chauvinism comes a lot easier, doesn't it?!
You hit the nail on the head with this mention. That is precisely, to my way of thinking, what Jesus was on about. More than just tolerance - respect and esteem for ALL the others... without losing your own identity. Unity in diversity.
I thought you said you didn't understand me? You said it better than I did!
Here is another example, again anonymous, but abridged. The previous C4L Bulletin told the story of a poor woman who stole medicine for her sick child was featured:
So the bigger question is: was stealing a sin in this case? Never mind for a moment the nuance of whether she was justified in stealing the medicine. Was doing so a sin?
I replied:
To me the term "sin" went out with archery, from whence it came. Yes she got her hands dirty. But to let the child get sick and maybe die would have been a bigger sin. Sometimes the choices we are faced with are not "to sin or not to sin" but rather "to sin small or to sin big".
Jesus covered her sins already, so who are we to condemn her?
That hit a nerve!
I hear what you’re saying but it strikes me that the issue of the theft – the sin if I may – has been passed over and justified by the circumstances. There are times when we all, me included, do the wrong things due to circumstances. Whether or not we’re motivated by life and death circumstances, doing what’s wrong is always wrong. Sometimes it’s justified, but it’s always wrong. Bear in mind that someone has been wronged in this story, that someone being the shopkeeper from whom the medicine was stolen.
As Christians, we forgive because we’re forgiven. The right order of these things is confession followed by forgiveness. That order maintains a clear acknowledgement that there are rights and wrongs, as opposed to that mushy relativism that is so dominant in the world today.
For the record, I would certainly have stolen medicine to save my child were I in that woman’s circumstances. But doing so would still have been wrong – a sin – that would have demanded confession on my part and which confession would have been rewarded by God’s forgiveness.
I was not finished yet!
Yes I think she did wrong. She also pleaded guilty. I think that is confession. Most shopkeepers plan a line-item in their budget for shop-lifting. That doesn't make it right, but I bet even the shop was appalled at a R2000 fine!
Remember the priest (in what French play?) who was woken by the police coz they found a guy with the candlesticks from his house? He had put the guy up, and the guy had risen early and taken off with these candlesticks. The police said that the guy had told them that they were given to him by the priest, which they doubted. The priest never missed a beat, as he had heard this guy's life story over dinner the night before. "Oh he said, and you forgot to take the cutlery too!" He went and got that...
My point is mostly about proportions. Often those who are rich and powerful crush those who are poor and vulnerable to keep themselves on top. Intentionally or otherwise. This can be very smug. Or we can build into our systems and structures some mechanisms for "tolerance". Call it forgiveness. I don't like "indulgences" but I think it is possible to "forgive" before confession, maybe even before the crime is committed?
My blogger wasn’t finished either:
We’re pretty much on the same page. I agree that pleading guilty, particularly if it’s accompanied with contrition, is confession and often a darn good start at repentance. I also whole heartedly agree about doctrine becoming a shield to protect oneself in one’s comfort. I seem to be increasingly seeing examples where doctrine is a way to avoid truly seeking God’s face. Maybe I’m getting older; maybe just more cynical – more likely both!
A special thanks to these two old friends for engaging. It’s nice to know that people actually read my missives! I hope and pray that we can get older without getting too cynical. And God forbid that we should confuse honest forbearance with “mushy relativism”.
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