Chief Rabbi Calls JSC Questioning 'Racist and Antisemitic'
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It was made clear that this on the issue. deliberately targeted. observance would be problematic for his appointment. “From the questions Jewish candidates were asked “This suggests that the very foundation of South hief Rabbi Dr Warren Goldstein this week was “It should also be noted that no other candidate at the JSC interviews this month, one would question Africa’s democracy is under threat, and one cannot appalled at the “conduct of the commissioners was questioned on their religious practices, except whether those bent on pursuing an antisemitic agenda help recalling the late Nelson Mandela’s voice: ‘I have of the Judicial Service Commission [JSC] in those of the Jewish faith. Christian candidates weren’t are beginning to infuence key decision-making bodies fought against white domination, and I will fght against Ctheir questioning of two Jewish judges [over the past asked about working on Christmas, nor were Muslim unduly. We call on all South Africans to stand up and black domination.’ The determination of the late, great weeks]”. He described it as “racist and antisemitic in candidates asked about working on Friday afternoons protect these constitutional values, and reject all forms of statesman to fght for absolute equality and against effect, if not in intention”. or Eid,” said Kahn. “It’s also extremely disturbing that discrimination.” discrimination of any kind should be brought front Judge David Unterhalter was grilled about his short questions posed to both Advocate Lever and Judge Rabbi Greg Alexander, the co-chairperson at the and centre at this time. Those who raise such blatantly association with the South African Jewish Board of Unterhalter focused extensively on their possible South African Centre for Religious Equality and discriminating questions should be publicly shamed for Deputies (SAJBD) and his views on the Israeli-Palestinian association with the Board. Nearly all Jews in South Diversity (SACRED), didn’t hold back on his opinion doing so.” confict in his interview with the JSC. He was being Africa have some association with [it]. One wonders why of the interviews. “There is little doubt that there was “There does appear to be some prejudice in the interviewed for a position on the Constitutional Court. a body mandated with protecting constitutionally sound fagrant discrimination at the recent JSC hearings. This is questioning from the JSC,” said Mark Oppenheimer, an Similar queries were directed at judicial candidate principles of religious freedom and fghting hate would specifcally concerning the two Jewish candidates being advocate at the Johannesburg Bar. To question a Jewish Advocate Lawrence Lever who is standing for a position in be so objectionable to members of the JSC panel,” she interviewed.” advocate about their observation of the Sabbath “is a the Northern Cape, including if he observed Shabbat. asked rhetorically. “Had such religious or cultural questions been asked weird thing to ask, given that there have been many “The Jewish candidates were the only ones subjected “Equally concerning were questions posed to the of others of another faith, it would undoubtedly have Jews on the courts over the years, and you wouldn’t ask a to questions relating to religious identity and practice,” two Jewish candidates regarding the Israeli-Palestinian sounded an alarm and disgusted those observing,” said Christian whether they could do their job given that they said the chief rabbi. “The direct implication of their confict,” said Kahn. “Both were questioned on SACRED co-chairperson Rabbi Julia Margolis. “However, might go to church on Sunday, or a Muslim who needs to questions was that a Jewish judge who is a Zionist or their stance on the two-state solution. It’s diffcult to we now face a doubly-disgusting situation in that such go to prayers on a Friday. So there is either antisemitism observes Shabbat would be disqualifed from holding understand how a confict of this nature has intruded questions arose in the frst place, and secondly, that or anti-Zionism, or a great deal of ignorance. With Judge high judicial offce. into this forum. No Muslim candidates were questioned only one religion, faith, or culture appears to have been Unterhalter, it’s unclear if this was an excuse to try and “This violates the letter and spirit of our Constitution. block him, or whether it was the reason he wasn’t It’s morally and legally repugnant for offcers of the JSC nominated further.” to discriminate against any candidate on the basis of Fight for freedom – and survival Writing in Business Live, Tony Leon, the former their religious identity. They should all be ashamed of leader of the opposition, said, “In the dismissal of Nicholas Wolpe is giving his all to Unterhalter’s claims for judicial advancement, his themselves,” the chief rabbi said. keep Liliesleaf afloat He called on JSC commissioners including the membership of the ‘suspect class’ of his race was minister of justice to retract and apologise for their fused with his religious affliation. Thus, the JSC comments. “And I also call on President Cyril Ramaphosa interviewers gave little airtime to Unterhalter’s to return the list to the JSC as the Constitution allows credentials, which include being the frst South him to do on the grounds that aspects of the hearing African ever appointed to the appellate body of exhibited discriminatory questions which cast a shadow the World Trade Organisation, where he served as on their entire process. Racist conduct can never be chairperson for two years. condoned,” Goldstein said. “Courtesy of a bile-ridden tissue of vitriol The SAJBD also described the JSC’s questioning of against him authored by the Qatar-funded Boycott, both men as “discriminatory and anti-constitutional”. Disinvest and Sanction outft, Unterhalter landed “Advocate Lawrence Lever and Judge David up spending much of his time offering his views Unterhalter were subjected to questions pertaining to on Zionism (not in the remit of the court) and his their Jewish identity while no other candidates were one-time membership of the South African Jewish subjected to offensive religious scrutiny,” said SAJBD Board of Deputies,” continued Leon. “According National Director Wendy Kahn. “Advocate Lever was Ossendryver Ilan Photo: to BDS, the century-old Board, whose leadership asked about his level of religious observance, specifcally See page 7 Continued on page 4>> Are you feeling stressed, anxious, isolated, lonely or even just frustrated? We are here to help you! 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