lelemuthali

‘Eternal Sunshine of the Spotless Mind’

Directed by Michel Gondry

Romantic science fiction.

“How happy is the blameless vestal’s lot! The world forgetting, by the world forgot. Eternal sunshine of the spotless mind! Each pray’r accepted, and each wish resign’d.” – Alexander Pope, Eloisa to Abelard

Written by Charlie Kaufman, this 2004 American romance film also referred to simply as Eternal Sunshine, follows the story of Joel Barish and Clementine Kruczynski. Played by Jim Carrey and Kate Winslet, Joel and Clementine are a separated couple who have erased each other from their memories.

After my first viewing of the film in 2018, I found it to be rather unusual and disorienting. The film employs a nonlinear narrative, along with elements of psychological drama and science fiction which may prove to be a jarring combination for a first-time viewer. I have recently seen the film a second time and I was blown away. Eternal Sunshine, whose title comes from a quotation from the 1717 poem by Alexander Pope, explores themes revolving the nature of memory and romantic love in a compelling sci-fi offering.

Besides the esteemed leading actors, the film boasts an illustrious cast including Kirsten Dunst, Mark Ruffalo, Elijah Wood, and Tom Wilkinson.

I intend to see the film a third time soon, and in the meantime I cannot recommend it enough.

– Lele M

Fellowship: Common Comfort

I am learning that comfort is an illusion. Particularly in the context of ‘comfort zones’.

I consider myself an introvert. I feel spent after an hour in social settings. I need to retreat into my shell for hours to recharge. I prefer time alone with my thoughts. I’m most comfortable in my own space and there are really only 2 or 3 people around whom I truly come alive.

But God is putting me to the test. In seeking his kingdom, I must seek fellowship with his people. In wanting more of Christ, I yearn for connection with believers, and fellowship in the Body. I yearn to venture beyond my comfort zone, and feel rather comfortable in that endeavour. I am having to learn to pursue connections in a way that has upturned my understanding of myself and my introversion.

Most people don’t believe me when I say I’m an introvert. Usually, I would try to convince them otherwise. I would hurry to tell them not to mistake confidence for extroversion, assure them I’ve had years of practice in public speaking, debating, performing arts, etc. Now I just smile a grateful, knowing smile. I’m coming to understand that something bigger is at play. Those aren’t the reasons I don’t pass as an introvert.

It could only be grace – a common comfort.

– Lele M

Coko v S

High Court of South Africa

Eastern Cape Local Division, Grahamstown

8 October 2021

Ngcukaitobi JA

Issue:

Whether the State successfully discharged its burden to prove beyond a reasonable doubt that Mr Coko committed the crime of rape under s 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.

Ratio:

In order to be acquitted, the version of an accused need only be reasonably possibly true.

Arguments:

In the present case, intention and consent are interrelated. The Appellant admitted that consent was not explicitly given. However, he had no intention of having sex with the Complainant without her consent. He genuinely believed that the (tacit) consent had been given by the conduct of the Complainant. [79-83]

The Appellant’s evidence was that when the Complainant said the penetration was hurting, he ‘would stop and then continue’. This evidence (and other evidence illustrative of tacit consent) was not taken up in cross examination or considered in the assessment of probabilities by the Magistrate. It is a factual misdirection that the Appellant simply continued with the intercourse in disregard of the wishes of the Complainant, as held by the court a quo. [84-97]

The court a quo erroneously found that the Appellant ‘lured’ the Complainant to his apartment and the rape was planned beforehand. There was no evidence on the record that such a scheme was devised by the Appellant. It seems on a fair reading of the record that the intention to have sexual intercourse was formulated during the night in question, when the Appellant and Complainant were already at the Appellant’s house. The Magistrate makes hyperbolic, speculative findings which have no basis from the record. [98-102]

An adverse atmosphere was created in the trial, resulting in the Appellant making ‘concessions’ when the questions themselves were based on an incorrect rendition of the evidence and encroaching on the Appellant’s fair trial rights guaranteed in s35. [103]

Conclusion:

The appeal against the conviction and sentence succeeds. Mr Coko is acquitted of the charge of rape against him and the sentence of 7 years is set aside.

Full judgment: http://www.saflii.org/za/cases/ZAECGHC/2021/91.html