Bishop Xolelo Kumalo calls for fidelity to God’s will at opening of Tribunal office
Interdiocesan Tribunal opening Mass. Photo: Kati Dijane
By Kati Dijane – The Interdiocesan Tribunal serving Johannesburg, Witbank and Klerksdorp was formally opened on February 19, during a Mass celebrated at the chancery chapel in the Archdiocese of Johannesburg.
The Mass marked the beginning of the judicial ministry of the Church for the year, invoking the guidance of the Holy Spirit upon those entrusted with the delicate responsibility of interpreting and applying canon law.
Presiding at the liturgy was Bishop Xolelo Kumalo, Bishop of Witbank and Moderator of the Interdiocesan Tribunal. Concelebrating Mass with him were Fr Molewe S Machingoane, the judicial vicar, and Fr Oupa Kgage, the defender of the bond. Present at Mass was the tribunal office, including Sr Maureen Rooney HC and Fr Donald McLoughlin, the defenders of the bond, as well as Ms Susan Greyling and Ms Charmaine Makhubela, the tribunal administrators working in the chancery in Johannesburg.
A ministry rooted in God’s will
In his homily, Bishop Kumalo described the work of the tribunal as “a very important ministry”, one that cannot be carried out according to personal preference or human reasoning alone.
“The ministry, which is done in the tribunal, is a very important ministry,” he said. “A ministry we cannot just do as we want, as Catholics, but always seeking the will of God.”
The Tribunal, established by canon law, functions as the Church’s judicial office and court system. While the majority of its cases involve determining the validity of marriages, it also addresses other sacramental matters and safeguards the rights of the Christian faithful.
Bishop Kumalo emphasised that Catholic theology approaches such questions differently from other Christian traditions. Recalling a theological discussion he witnessed in Bloemfontein in the 1990s, he reflected on the distinction between anthropological and theological starting points.
“While others may first ask what will help the person,” he explained, “we as Catholics first ask: what does God want?”
That question, he said, must guide every decision taken within the tribunal.
The guidance of the Holy Spirit
As the tribunal begins its work for the year, Bishop Kumalo called upon the Holy Spirit to lead and enlighten those handling cases that are often complex and emotionally charged.
Referring to the Gospel reading, he recalled Jesus’ promise to send the Holy Spirit to guide His followers. Just as the apostles were strengthened and transformed by the Spirit, so too must those serving in the Church’s judicial ministry rely on divine wisdom.
He noted that tribunal cases can be challenging, particularly in matters of marital validity, where psychological, pastoral and legal dimensions may intersect.
“Sometimes it is very difficult to solve the cases because we are not so sure,” he acknowledged.
While the Church does not dismiss psychological insights, Bishop Kumalo stressed that such considerations cannot be the final determining factor.
“When these people got married, did God bind it or not?” he asked. “If He did, we have no power to do anything.”
The Church, he said, remains steadfast in upholding the sanctity and indissolubility of marriage, even amid personal difficulties or social pressures.
Walking with the faithful
In a country experiencing high rates of divorce, Bishop Kumalo recognised the pastoral challenges facing families and individuals. He urged priests and parish leaders to make the faithful aware that the Church offers guidance and support, including the possibility of seeking a declaration of nullity where appropriate.
“Some people do not even know that there is this help,” he said. “Perhaps even we who are in the parishes are able to advise people. There is something the Church can do.”
At the same time, he cautioned that the Tribunal is not equivalent to a civil court. Its purpose is not to dissolve marriages but to determine whether a valid sacramental bond was present from the beginning.
Even in cases where a marriage cannot be declared null, the Church continues to accompany individuals pastorally.
“The Church will walk with you,” he said, emphasising that its mission is always guided by the Holy Spirit and rooted in fidelity to God’s will.
A ministry of justice and mercy
The Interdiocesan Tribunal serves as an instrument of both justice and mercy within the Church. By interpreting and applying canon law, it protects the rights of the faithful and ensures that decisions reflect the teachings of Christ.
Bishop Kumalo concluded by praying for all those involved in the tribunal’s work, including the clergy, canon lawyers, staff and pastoral collaborators, asking that they be blessed and guided by the Holy Spirit.
“We need the wisdom of God in order to fulfil the ministry of Jesus Christ in the world,” he said.
