A small protest that brought out the worst in us
Two Herzlia Grade 9 boys went down on one knee in front of their parents and their school during the Israeli national anthem at their annual prize giving. They were clearly protesting the government of the state of Israel. Those are the facts.
PETA KROST MAUNDER
What happened after this totally belies belief, and brought out the worst in our community, some of whom said horrendous things, including making ugly threats.
Some, determined to shame the boys on social media, even named them, while the school was trying to avoid this. People demanded that the school expel these boys, and teach them a “real lesson”. The boys were called traitors, BDS-poster boys, even anti-Semites.
Others called the school weak, an insult to education, and so the name-calling progressed. And that was just from our own community.
As Jew was at Jew’s throat, the mainstream media was having a field day, turning this into something it certainly was not. It created a story about a school that was oppressing young boys who dared to voice their disapproval of a “pariah nation”. The whole thing is ridiculous, unfair, and untrue.
These are boys – yes, boys – of no more than 15. They are impressionable, very bright, and very eager to make a statement about their pro-Palestinian views at an unashamedly Zionist school.
This is not the first time they have aired their views at the school. They have been known to challenge the school, even visiting speakers on the Israeli-Palestinian situation.
These are strong-willed and determined youngsters, and as much as they wanted to cause a scene, I do not believe they had an inkling that it would cause what has become an international furore. Even Jewish ANC veteran and anti-Israel activist, Ronnie Kasrils, put pen to paper in support of the boys and against Herzlia, and BDS-supporters did so too. As we put this newspaper to bed on Wednesday night, Kasrils was discussing this with an equally one-sided journalist on national television.
Did Herzlia actually do anything wrong, or is it just trying to give its children a good education? Did it make mistakes? I believe it is doing the best it can under fire. Is it an excellent school? Absolutely! Is it a Zionist-based school? Absolutely!
Should its pupils be allowed to question? Yes! Should they publically embarrass the school? No! However, is taking the knee at a prize giving in the presence of parents embarrassing the school publicly? It may not have been when it happened.
However, this all happened after a week in which Hamas fired 460 rockets at Israel and Israeli Prime Minister Benjamin Netanyahu agreed to a ceasefire, which caused a fair amount of consternation in the Jewish state.
The South African media virtually ignored the mini-war in the Middle East, which irked the community no end. Unsurprisingly! Then, the national media picked up the school story, which in reality was an in-community issue, and certainly was not national news material.
But the two school boys taking the knee at their prize giving turned into a huge story, and as it grew in the media, so the community got angrier and angrier on social media.
Whether or not the boys did anything wrong, nothing they did deserves to cause this crisis.
People are talking about taking their children out of Herzlia if the school doesn’t expel these boys. Seriously! Is this not overreacting?
This is the same school that has given their children an excellent education to date, and hasn’t changed an iota. Where are you going to take them that they can still get the kind of Jewish education you want them to have?
I feel for the leadership of Herzlia. It soon became very obvious that they were damned if they did, and damned if they didn’t. That is quite simply because there are two sides within the community now, and they are both rabid.
We have all overreacted! We have taken this too far!
However, this is a Jewish communal issue. It impacts on all of us. We really need to discuss at exactly what point questioning Israel is taking it too far? Is it acceptable to question Israel, or should we blindly support whatever Israel does?
We certainly didn’t blindly support the South African government. In fact, our chief rabbi led us in protesting the rule of former President Jacob Zuma. Israelis certainly don’t blindly follow the Israeli government. In fact, there are so many political opinions there, it is hard to find two people who agree.
So, how much can we question what the Israeli government does, and still remain within the confines of South African Zionism? Is it okay to disagree with something the Israeli government does, or does that make us anti-Zionist?
These are questions we need to address as a community. This incident has highlighted the fact that we are extremely emotional about Israel, and have very strong, but differing views. We need to thrash that out between us, and find a way of doing this in a discursive, not destructive and ugly manner.
Is it a national story? I don’t believe so. These children were not abused. They were not shut down. They were not expelled, nor were they harassed at school.
Herzlia was upset with their behaviour because it shone a potentially negative light on the school. I don’t blame it for being upset, because it didn’t do Herzlia any favours. Nobody wants the school they love, and the reputation they work so hard at building, to be taken in a bad light.
So, what do we do now?
We back off Herzlia, and let it get on with teaching children, something it does extremely well. We bring in experts to work with the schools to give them the bigger picture of what goes on in the Israeli-Palestinian situation.
Even after that, it is possible that not every scholar or his parent is going to agree with how the Israeli government deals with the situation. Do we then ostracise them because they have different views? Or do we agree to differ – as long as they respect our right to hold our views? I would hope that we are big enough to follow the latter path.
We Jews have enough enemies. We don’t need to make enemies of our own people because they disagree with our views. Look around you, we all differ in some of our opinions.
Let’s rather live and let live, and work together against our real enemies, not our brothers and sisters with different views.
Before I sign off, I would like to take this opportunity to thank the SA Jewish Board of Deputies for inviting the SA Jewish Report to go with it to meet the minister of state security, who we wrote about last week. It is by virtue of the board’s ongoing relationship with the minister that we had this access.
‘Wake up!’ say doctors, as third wave ramps up
Communal experts this week issued a stern warning to “catch a wake up” as the community has been hard hit by death, severe illness, and an unprecedented number of infections which continue to rise daily during the third wave of the COVID-19 pandemic.
“This is extremely severe,” warned Dr Richard Friedland, the chief executive of Netcare Group. “In Gauteng, we are in the eye of the storm, with things set to get a lot worse than they are.
“We should all be doing what we can to prevent a single death, to prevent people from having to be admitted to hospital,” he said.
The death rate has risen at hospitals, and hospital stays are about 20% longer, exacerbating the shortage of beds, especially in Gauteng, which is leading the uptick in infections.
“As I walk through our COVID-19 units, I see people struggling to breathe, fighting to survive this shocking pandemic. Every day, we are reminded of the pain, the suffering, and the enormous loss that it brings,” Friedland said.
Issuing a plea to the community to be hyper vigilant, he said, “I want to be abundantly clear that there can be no place for a lackadaisical approach.”
Several doctors this week told the SA Jewish Report that the situation was dire, with one doctor describing it as a “battlefield”.
“Patients, some quite young with no comorbidities, are really sick, with the vast majority on one form of ventilation or another,” said Dr Carron Zinman of Netcare Linksfield Hospital.
“Some severely ill patients are being temporarily managed in casualty because there are simply no intensive-care beds available at other hospitals,” she said.
“We are seeing a fairly young cohort, some with no underlying conditions, who are becoming seriously ill. The variants are more virulent and transmissible. We have had quite a lot of patients who have had COVID-19 before or who have received the vaccine, and got it.”
“We treat more aggressively, but there’s still no magic drug. We’re doing everything we can to turn the inflammatory response around. It takes some longer than others,” she said.
“Sadly, some people over 60 believe that once they have had the virus or the vaccine, they are safe. They aren’t. A lot of families including couples and their children are being infected,” she said.
At the time of going to print, Hatzolah had 501 active patients with 64 patients requiring oxygen at home. At least 11.7% of the active cases include children and young adults under the age of 20.
“There are a higher number of younger people including children than in the previous waves,” said Dr Anton Meyberg of Netcare Linksfield Hospital.
Sadly, the majority of patients are still the elderly over 60, but doctors have noticed a rise in the number of patients between the ages of 40 to 60, many requiring hospital admission.
There appears to be a disproportionately higher number of cases within the community, with doctors putting this down to complacency and carelessness about observing protocols.
“There is more testing, but people aren’t following the rules,” said Meyberg, “People who have been vaccinated are becoming lax, and there is a large asymptomatic spread of the virus.”
The country technically entered its third wave on Thursday, 10 June. According to the Ministerial Advisory Committee on COVID-19, a new wave starts when the seven-day moving average of new infections surpasses 30% of the previous wave.
More than 70% of the new cases are now in Gauteng and the Western Cape, where there is evidence of a resurgence after a period of recovery, and there are daily increases in the Eastern Cape and KwaZulu-Natal.
According to experts, the next two weeks will be particularly severe in Gauteng as the numbers steadily increase. Cape Town is a few weeks behind, they say.
Private-sector hospital admissions have increased four-fold since April. More than 500 patients are being admitted a day in the private sector in Gauteng, which is putting enormous strain on emergency departments fighting to open as many beds as possible to make space.
According to Hatzolah Chairperson Lance Abramson, there were 263 active cases at the peak of the first wave, 333 cases at the peak of the second wave, and now there are more than 500 active cases “with no peak in sight yet”.
“There are a staggering number of active cases in the Johannesburg Jewish community,” he said.
“Ambulances are transporting multiple COVID-19-positive patients to hospitals daily, where it is sometimes difficult to find a hospital bed. Patients are sometimes having to wait in ambulances in the parking lots of hospitals. This is very challenging for teams on the ground,” he said.
The organisation is also looking after 64 patients on home oxygen where they are closely monitored, Abramson said.
The organisation’s nurses are seeing between 80 to 100 patients a day.
Interestingly, Hatzolah has had 238 patients on the programme who have had a vaccine. Of those, 171 had received the first Pfizer vaccine, and 83 had received the Johnson & Johnson vaccine, two the AstraZeneca, and one Moderna. Thirty eight patients have been fully vaccinated and of those, only one required hospitalisation and has since recovered, he said.
According to Dr Ryan Noach, the chief executive of Discovery Health, globally, vaccinations have materially slowed the progression of new cases and deaths. There are early signs of reduced COVID-19 infection rates among the vaccinated pollution in South Africa post 15 days after vaccination.
“There are signs that the first dose is working, with early data showing that there are less admissions post vaccination and fewer deaths,” he said.
Worryingly, he said, “The data points to the potential for a very severe third wave, and we’re seeing the beginning of it only now.”
He said more than 50% of adults 70 years and older require admission to hospital.
“Hospital admissions in wave three have reached the level of admissions at the peak in wave one. There are currently 2 012 Discovery members admitted to hospital, of which 526 are in intensive-care, and 275 require ventilation.
“A large number of people are showing evidence of reinfections. Discovery members who contracted COVID-19 in the first wave have again contracted COVID-19 in the second wave. Three members have now tested positive three times,” Noach said.
On 13 June, President Cyril Ramaphosa confirmed that two million Johnson & Johnson (J&J) doses would have to be destroyed because the United States regulator, the Food and Drug Administration, found that the main ingredient with which they were made wasn’t safe for consumption.
As a result, South Africa has no J&J doses to administer at present, setting the country back in its vaccine roll-out in the midst of a third wave. The good news is that, according to the Bhekisisa Centre for Health Journalism, J&J will replace all the doses within the next two weeks, with 300 000 due to land within a few days and another million to be released by Aspen’s Eastern Cape plant next week.
In the meantime, doctors have appealed to people to be hyper vigilant and maintain all non-pharmaceutical measures.
BDS boycott ‘creating divisions among ordinary South Africans’
“I felt targeted because I’m Jewish. It’s antisemitic,” said a businessman affected by an alleged boycott of companies purported to support Israel.
A group of 300 South African hardware stores supposedly cancelled contracts with “SA-based suppliers and companies that have relations with or who have shown support for Israel”. The executive director of Africa4Palestine (formerly Boycott, Divestment, Sanctions (BDS) South Africa), Muhammed Desai, last week described the boycott as “heartwarming”.
“Many people have been pressured by their community to be part of a boycott and cause harm,” said this businessman, speaking on condition of anonymity. “This affects ordinary South Africans because it destroys long-term business relationships.”
Although there has been an impact on his company, it seems not many businesses have felt the impact of the boycott. Other suppliers listed by Desai told the SA Jewish Report that no contracts had been cancelled. “None of our relationships or sales into any of the hardware stores in South Africa have been compromised,” said one supplier, who asked not to be named.
“I can state categorically that this has had no impact on our business,” said another supplier who wanted to remain anonymous. “Our order book is full.”
“As the ‘rainbow nation’, this is just aggressively encouraging divisions that were never there before,” said the first businessman. “People are making business decisions based on religion rather than good business principles. These enforced divisions are what worry me more than anything. What happened to the South Africa that we know? This radical stance is completely nonsensical,” he said.
Desai went on to declare, “Today, standing with Israel, having ties with Israel, or serving in the Israeli military have all, correctly, become similar to, in the past, having stood with apartheid South Africa or with Nazi Germany. To stand with Israel today is now synonymous with saying, ‘I stand with Germany’ during the Holocaust or declaring, ‘I stand with South Africa’ during apartheid.”
He said Africa4Palestine welcomed “this ethical position as a morally sound example to other stores in South Africa and the African continent to emulate so that we can truly create apartheid-Israeli-free zones. Your efforts have served as another great blow to those who believe they can support the Israeli regime on the one hand, and take money and profits from principled and moral South African people.”
If the language of boycotting Jewish businesses and creating “Israeli-free zones” sounds familiar, that’s because it is. South African Jewish Board of Deputies (SAJBD) National Director Wendy Kahn said, “In his congratulatory letter to the boycotters, Desai compares Israel to Nazi Germany and the Holocaust. The irony of his use of Holocaust terminology is also not lost on us Jews. Nazi Germany also came to our minds when we read this letter. We remember that the Holocaust began with the boycotting of Jewish businesses.
“We aren’t fooled by his couching of words or references to those who ‘have relations with or who have shown support for Israel’ and those ‘standing with Israel, having ties with Israel’. What he actually means is Jews. According to the University of Cape Town’s Kaplan Centre study in 2019, 90% of South African Jews support Israel, so invariably, what Desai is calling for is the boycott of Jewish businesses.
“The delight that he takes in potentially destroying these Jewish businesses is gut-wrenching, not least because of the fragile and precarious economic climate in South Africa. Will Desai and the BDS organisations rejoice in the jobs lost by these businesses?
“His so-called victory of boycotts of Jewish business won’t have an impact on the Palestinian-Israeli conflict. All these threats achieve is attempted intimidation of local South African Jews who hold an opinion different to BDS. The South African Jewish community won’t be intimidated. It’s effect will be only to harm South African businesses trying desperately to survive and retain jobs,” Kahn said.
“Our Constitution states that everyone has the right to freedom of conscience, religion, thought, belief, and opinion. There’s no rider that excludes Jews and people who have a connection to Israel. Nor does it call for the destruction of livelihoods of people for daring to believe differently.”
Desai issued a statement saying that the accusation of antisemitism was “a deliberate misrepresentation”, but then reiterated that “we welcome South Africans shunning, boycotting, and ending relations with suppliers and companies that are trading with, have links to, or are supportive of Israel”.
In response to the SAJBD’s statement on the matter, published on Facebook, Africa4Palestine’s Bram Hanekom wrote, “The 300 hardware stores can buy the things they need from other South African owned and ethical businesses.”
Benji Shulman, the director of public diplomacy at the South African Zionist Federation, noted that “the boycott of Jewish businesses has a long history in the BDS movement going back more than a decade, with Jewish businesses or those with Jewish management frequently targeted. What’s more, commercial boycotts against Israel have been a complete failure internationally. Since the boycott movement started, trade between Israel and South Africa has actually increased on average.
“BDS has many other failed boycott attempts,” he said. “One that comes to mind is the failed Woolworths ‘tomato’ boycott, which also produced zero results, other than a pig’s head placed in the kosher section of a supermarket. BDS may be trying to intimidate smaller Jewish businesses, but as yet, it hasn’t shown any signs that it has the capability of undertaking a full-fledged boycott campaign.”
SAZF takes on Judge Desai for his conduct
The South African Zionist Federation (SAZF) has predictably come in for some heavy criticism by the anti-Israel lobby for lodging a complaint against retired Judge Siraj Desai with the Judicial Conduct Committee (JCC).
Last week, the SAZF lodged a complaint with the JCC against the judge, who recently took up the position of the Legal Services Ombudsman.
The SAZF said Desai’s actions and conduct over many years was plainly in breach of the code of judicial conduct and “entirely unbecoming of a judicial officer”.
This was a bombshell complaint against Desai, who is a well-known social activist and respected jurist described by many as the “people’s judge”.
The detailed complaint against him spans many years from 2009 till the present, highlighting Desai’s actions and conduct connecting him to the Boycott, Divestment, Sanctions (BDS) movement against Israel, and the pro-Palestinian movement.
The SAZF said that Desai’s alleged misconduct included his involvement in political controversy, misusing the prestige of his judicial office to advance his personal political interests, failing to recuse himself in a case in which he was obviously conflicted, and involving himself in activities that used the position of his judicial office to promote a partisan political cause.
Desai, who served the legal profession for 43 years, retired as a Western Cape High Court judge last year, and almost immediately accepted the ombud position having been appointed by President Cyril Ramaphosa. The objective of the ombud is to advance and safeguard the integrity of the legal profession in South Africa But more importantly, it’s to ensure fair, efficient, and effective investigation of complaints of alleged misconduct by legal practitioners.
Former Judge Rex van Schalkwyk of the Rule of Law Project told the SA Jewish Report, “This isn’t about whether one is pro-Israel or pro-Palestine. Did Judge Desai conform with the ethics that constrain him as a judge? Having looked at the complaint, there is at least a case that needs to be answered. Judge Desai must give an explanation about his conduct. It’s legitimate for this issue to have been brought to the professional body of the JSC [Judicial Service Commission] and to be dealt with specifically in accordance with the principle of law not in accordance with the political issues which will cloud the complaint.”
The SAZF has been lambasted for the complaint, which it lodged on 10 June, by members of Africa4Palestine and the South African BDS Coalition. They have set up a Facebook page called “Hands off Judge Desai”.
The anti-Israel lobbyists described the complaint as “spurious” and “baseless”, and called it a “vengeful attack”. Africa4Palestine criticised the “questionable” timing of the complaint, saying that it was an attempt to distract from its complaint lodged against the country’s outgoing Chief Justice Mogoeng Mogoeng.
Last Friday, 11 June, the JCC appeal panel said it was continuing its deliberations on Mogoeng Mogoeng’s appeal against a misconduct finding for his remarks about Israel brought by Africa4Palestine.
Earlier this year, the JCC found that Mogoeng had contravened the code of judicial conduct with comments made during a webinar in June last year and subsequently at a prayer meeting where he declared that he would never apologise for the views he expressed. In the webinar, hosted by the Jerusalem Post, he said he believed South Africa would do well to consider adopting a more objective stance on the Israeli-Palestinian conflict and said “hatred” of the Jewish state could “attract unprecedented curses upon our nation”.
In his March ruling, Judge Phineas Mojapelo stressed that “judges are to stay out of politics”.
The South African BDS Coalition said the SAZF’s complaint against Desai was in “retaliation for the failure to secure a seat at the Constitutional Court by Judge Unterhalter” accusing him of being an “apologist for Zionism”. Earlier this year, the SA BDS Coalition demanded that Unterhalter not be selected to the Constitutional Court for his association with the South African Jewish Board of Deputies.
Rolene Marks, SAZF’s legal forum spokesperson said, “At issue here, is the role that judges play in our society. The reason that there is a judicial code of conduct is that judges need to be seen not to be promoting political causes since they may have to rule on them at some stage. However, it’s clear through his comments that although Judge Desai is entitled to his views in terms of freedom of speech, he is bound by the judicial code of conduct, and his actions fall outside of that.”
According to the SAZF, last year, Desai while being interviewed on an Iranian YouTube channel, made “inappropriate comments” likening Iranian leader Ayatollah Khomeini to President Nelson Mandela.
“To compare a world-renowned peacemaker like President Mandela to the despotic founding leader of a regime notorious for its disregard of human rights, and which is responsible for gross human rights violations, including torture and violence against thousands of people, is an insult to the people of South Africa, the Constitution, and our democratic institutions,” the statement said.
It added that Desai also made “several other shocking remarks” during the interview regarding foreign policy, including referring to the United States – an important trading and diplomatic partner of South Africa – as the “great Satan” which demonstrated that Desai had “engaged in conduct incompatible with his status as a judge of the high court.”
According to the SAZF, Desai has a long history of endorsing and promoting the anti-Israel political lobby.
In 2009, Desai was part of a South African delegation of pro-Palestinian activists that was to take part in a protest known as “the Gaza Freedom March” organised by the Palestine Solidarity Alliance. It was during this time that the Cairo Declaration was signed which was a call for a global movement for Palestinian rights and a boycott of Israel. The SAZF said Desai “lent his stature as a judge to the drafting and issuing of the declaration”.
In 2015, he gave an order in a review application brought by pro-Palestinian, anti-Zionist organisations and activists against the City of Cape Town. There is allegedly no record in the judgment of him having disclosed his interest in BDS to the parties in that case, according to the complaint.
In 2018, Desai welcomed Hamas during its visit to South Africa and said, “We hope to make an intellectual contribution to the resolution of the Palestinian issue, but we take our leadership from you, you are the leadership on the ground.”
“This, despite the fact that the Hamas charter includes direct calls for violence against Jewish people and the destruction of the state of Israel. Using the prestige of the judicial office to publicly promote an extremist organisation is clearly contrary to the precepts underlying the judicial code of conduct,” said the complaint.
“Judge Desai has long conducted himself well outside the realms of the judicial code,” said the SAZF. “It’s therefore crucial for maintaining public confidence in the judiciary that manifest judicial misconduct is called to account.”
Desai told News24 through his spokesperson, Professor Usuf Chikte, that he was “unapologetic in his stance in condemnation of apartheid Israel”.
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