Let’s mediate, not litigate
HE South African Hindu Maha Sabha, which has more than 130 affiliated temples and cultural organisations, receives on average six complaints a month from disgruntled devotees around the country.
Complaints are about everything from autocratic temple officials to mismanagement of finances, said Sabha president Ashwin Trikamjee.
“There are also complaints about AGMs or elections not being held, nepotism, threats of violence, deviation from scriptural practices, failure to comply with constitutions and arrogant and abusive priests, who have become a law unto themselves by charging many thousands of rand for simple prayers.”
These were just some of the issues the Sabha had been notified about, he said.
This has resulted in the organisation hosting a workshop on Saturday aimed at dealing with day-to-day management, as well as finance and legislative issues.
Trikamjee said common problems were the lack of transparency and accountability with the handling of finances, power struggles and autocratic behaviour by a few.
“What is common is the poor understanding of Hindu scriptures among those in leadership positions in temple organisations. There is diversity of interactions within a temple environment – trustees, executive members, management committees, priests, devotees, donors, etc, and in each hybrid-grouping there is the potential for conflict. The challenge for leadership is to look for common ground and consensus, and this often revolves around promoting dharma as per Hindu scriptures.”
Asked why temples seemed plagued by these issues, he said: “It seems that some temple organisations have become financial comfort zones for unscrupulous individuals, who see the control of temples as additional income. Lack of control leads to malpractices.
“So-called ‘religious leaders’ often resort to devious, adharmic (unrighteous) practices to hold on to power. Sometimes there is failure to follow scriptural guidance offered by spiritual leaders. The flip-side is that there are some unscrupulous bogus, self-appointed spiritual leaders who mislead the naive and vulnerable by resorting to black magic and superstition, and their only goal is to line their pockets.”
Trikamjee said litigation as a remedy was costly and divisive.
Therefore the Sabha supported alternate dispute resolution in the form of arbitration and mediation, which often aimed for win-win solutions.
“The Sabha’s mediation committee engages the party against whom a complaint has been lodged to hear their story, then arbitrates with all the parties present and finally offers a way forward.
“The focus is on dispute resolution, consensus building and seeking common ground. When required, a team of legal practitioners also volunteer their services.
“Most of the issues are resolved, save for a few where the egoistic persons concerned are not prepared to leave their comfort positions.
“Ironically, Hindu scriptures emphasise the elimination of ego. True or real leaders put the interests of the temple, the congregation or the organisation first.”
He said those with resources had at times resorted to formal litigation and court action.
“Understandably, and wisely, most judges have recommended that such matters needed to be resolved with the community, with established, reputable organisations like the SAHMS.
“In the few cases that are not resolved, the fall for the errant party is much more painful, and some abandon their positions in disgrace. The best option for temples with problems is for the officials to subject themselves to the Sabha’s mediation process and follow the advice given.”
Trikamjee said problems, regardless of what they were, led to the credibility of the temple or cultural organisation being “completely destroyed”.
Interest in services waned and devotees gradually stayed away.
He said it was ideal for the institutions’ books to be audited: “It is desirable and preferable, in the spirit of good, transparent and accountable governance, (to) engender public trust and confidence and demonstrate that funds are being used for appropriate purposes (without) malpractices or misappropriations. With the complaints we received, we have insisted that this is a non-negotiable requirement.” TO AVOID temples and cultural organisations getting into sticky situations, particularly regarding poor governance and financial mismanagement, it is vital to engage with and appoint professional people to take charge of financials, says South African Hindu Maha Sabha president Ashwin Trikamjee.
“There are enough accountants in our community.”
He said the aim of Saturday’s workshop was to promote good governance and management of Hindu religious and cultural organisations.
“The focus of the workshop will include legislative, constitutional and financial compliance, democratic decision-making, public accountability, conflict resolution and scriptural compliance.”
The intention, said Trikamjee, was to highlight and in the process educate officials to:
Have constitutions in keeping with the human rights commitments of the South African constitution, which means there should be no discrimination, exclusion, prejudice, etc.
Ensure strict financial management with controls.
Restore public credibility and confidence.
It will focus on executive and management members of organisations.
Plans
Trikamjee said there were plans to host more workshops with other Hindu organisations around the country.
“We want to inculcate a culture of responsibility, dignity and, of course, proper financial management,” he said.
“A critical point is that once there is reference to Hinduism and religion, one is immediately bound by scriptural injunctions. Our scriptures present a code of conduct for social, ethical, moral, spiritual and social upliftment in all facets of our lives.
“A common thread in Hindu scriptures is the call to fight for equality, fairness, justice and righteousness. This must be emphasised in all our satsangs and religious discourses.
“Leaders of Hindu organisations are expected to promote dharma and righteousness at all times.”