Fr Bonginkosi Dennis Xulu: Justice Under the Tree

A KwaZulu-Natal priest has written a book that offers an alternative to our society’s ways of justice and dispute resolution. Dawn Haynes explains.

The conventional Western method of administering justice is not entirely suited to the African or even Christian way of doing things, argues Fr Bonginkosi Dennis Xulu in his book Justice Under the Tree.

Known to most people simply as Fr Dennis, the author of this book spends his time commuting between Durban and Richard’s Bay in Eshowe diocese, since he is the judicial vicar of the interdiocesan tribunal in Durban and also ministers to the community of St Martin de Porres parish in Esikhaleni, Richard’s Bay.

While researching his doctoral thesis at the Catholic University of Leuven in Belgium, Fr Xulu became particularly interested in the resolution of judicial conflicts in a system composed of the Catholic Church and its clergy, the laws of the country, and the wisdom of the traditional elders in Africa. In this vision, everybody has a right to speak. He refers to this as a “palaver” — an arbitration process — combining the rich Church history of canonical mediation with a neutral party from the extended family/clan/culture of those involved.

Focus on human dignity

This system was evident in the Truth and Reconciliation Commission, where the focus was on human dignity, equality and dialogue, transcending culture, race, nationality and circumstance.

Professor Emeritus Werner Manski of the University of London was involved in the early stages of the book. It is based on Fr Xulu’s doctoral thesis at Leuven which Prof Manski had helped shape.

“Presently there are some hopeful global initiatives to rekindle a new form of academic discourse through theorising, and use them for the betterment of people’s lives in the present and in the future. Doing so, this task is never neutral, as it is a politically-charged activity,” Prof Manski noted.

Fr Xulu, however, “is not focused on pompous ‘academic’, ivory-towerish expiation or preaching, but connects his brief theoretical deliberations assiduously with practical questions, which are ultimately his main concern as an alert member and servant of the Catholic Church in South Africa,” Prof Manski said.

Although its origins are in the academic sphere, Fr Xulu’s book is aimed at anyone who is interested in applying a more accessible judicial system in our country. This book is also a useful reference in this time of the Catholic Church’s synodal process, in which Pope Francis encourages dialogue and involvement of the whole community together with the clergy.

Fr Xulu suggests a system where people will not live in fear of retribution but will rather be in a position to face the injustices of their society and deal with these openly and honestly.

Durban-based Advocate Wendy Greef, a former state prosecutor, supports this. She notes that in delving “in-depth into the question of how dispute resolution may be used as a tool in the implementation of justice, both within the Church and in society, [Fr Xulu] makes a compelling case for reconciliation being used as a tool to resolve problems at all levels”.

Similar systems have been highly successful in other countries and we can certainly learn from those who have applied this system of justice.

Justice in harmony

Born in Eshowe, Fr Xulu grew up in a local community where the people, the environment, nature, trees and animals were all important participants in the daily life of the area. Cardinal Wilfrid Napier, retired archbishop of Durban and current administrator of the diocese of Eshowe, notes that background when he says: “Justice Under the Tree defines the African approach to justice under the guidance of the ancestors. Because it is in harmony with the sun, trees, valleys, mountains, grass, rivers, birds and other kinds of wildlife, this ensures that justice is part of the universe.

“This warm and welcoming approach stands in stark contrast to the cold formality of courts and tribunals of the West. It seeks to touch the person holistically, not mentally only. In this way, an offence is not merely against human beings or neighbours but it [also] touches the whole of life,” he said.

“This means that the offences of humans disturb not only other human beings but the whole of creation.”

Justice Under the Tree is available from at R150. Fr Xulu can be contacted at

Published in the December 2022 issue of The Southern Cross magazine