BDS attack on Unterhalter ‘defamatory and shameful’, says SAJBD
The South African Boycott, Divestment, Sanctions (BDS) Coalition this week tried everything in its power to stop esteemed Gauteng Judge David Unterhalter from being interviewed by the Judicial Service Commission (JSC) for a position on the Constitutional Court.
In spite of its venomous attack on the judge for his association with the South African Jewish Board of Deputies (SAJBD), his interview went ahead.
After it was brought to the JSC’s attention by BDS, Unterhalter was grilled about his involvement with the SAJBD. Unterhalter briefly assisted the board with the upliftment and welfare of the Jewish and broader community during the direst phase of the COVID-19 pandemic last year.
The BDS coalition earlier this week vehemently opposed Unterhalter’s candidacy. In a letter of complaint to the JSC, the loosely formed coalition accused the SAJBD of being “akin to the Broederbond”, serving as a “conservative organisation that supports and minimises the actions of the Israeli apartheid state”.
It said Unterhalter couldn’t “honestly proclaim to be a supporter of human rights for South Africans” and be a member of the board.
Unterhalter is one of eight candidates being interviewed by the JSC for two vacancies on the Constitutional Court bench. It was announced on Wednesday that he did not make the shortlist for appointment.
During his interview on Tuesday night, Unterhalter said he was asked to serve on the board last year during the pandemic. “You should understand, the SAJBD is concerned with the welfare of the Jewish community, with old-age homes, and burial societies,” he said. “It’s also concerned with people who have fallen on hard times generally, but particularly now in the pandemic, and assisting other communities where there is need and hardship.”
He explained that the board’s other concern was antisemitism, and preventing it.
“It’s not a body that promotes Zionism. It’s a body that has existed for well in excess of 100 years, and its precursor organisations many decades before that. I went onto it because it seemed to me to be about assisting – to the extent that I could – with welfare issues for communities in sometimes very dire need. And I don’t therefore think it’s concerned with promoting Zionism. There are other organisations that do so, but I have no affiliation or connection to them.”
He said that from time to time, the SAJBD engaged in litigation against hate speech concerning antisemitism and on occasion, matters had gone to the Constitutional Court. “It did seem to me that in those circumstances, if I was going to offer myself as a candidate for judicial office in the Constitutional Court it would be appropriate to step away from that organisation because it does have this role, and whatever I might have been able to do by assisting welfare in a time of great need must perhaps yield to the perception that one shouldn’t be connected to a body that is engaged in litigation.”
It was for this reason that Unterhalter stepped down from the SAJBD.
“I don’t think my connection in accepting a position on the SAJBD is one that impacts and is connected to Israel and the Palestinian and Israeli conflict, which is an entirely separate matter,” he said.
He stressed that the Jewish community was made up of people with “radically different views” about Israel and the Israeli/Palestinian debate. “Because members of the Jewish community are so varied in their views across the board on this point, I would have been very uncomfortable to be in an organisation that took a particular position on that issue,” he said. He stressed that he saw taking on this SAJBD role as “being able to do something for welfare”.
Asked about his views on a solution to the Israeli-Palestinian crisis, he replied, “A two-state solution, although it’s now unfortunately one that seems to enjoy much less currency than it did in decades gone by, remains the only solution I think feasible, but JUST in what is a hugely complicated and difficult conflict.”
The SAJBD on 14 April lambasted BDS for attempting to have Unterhalter rejected from applying for this position, describing the organisation’s efforts as “yet another shocking display of bigotry and intolerance”. The board said it was an attempt by BDS to “sow division and hatred in our society”.
SAJBD national director Wendy Kahn, said: “When calls are made for Jews who serve on the Jewish community’s democratically elected representative body to be excluded from public service, it amounts to gross antisemitism.”
“There is a long and dishonourable history of Jews being targeted for boycotts and other discriminatory treatment on the basis of their religious and/or ideological beliefs,” the board said. “The demand by the SA BDS coalition that anyone associated with the SAJBD be denied the right to serve on public bodies like the Constitutional Court is just the latest chapter in this shameful saga.”
It said that throughout its existence, the BDS movement had “persistently incited hatred” and “even harm” against the mainstream Jewish community and its leadership.
Milton Shain, a local antisemitism expert and emeritus professor of history at the University of Cape Town, said, “Identifying as harmful to career prospects involvement in a legitimate Jewish organisation which serves a specific minority that enjoys full constitutional rights reeks of antisemitism.”
He said it was “preposterous” to penalise someone for generously assisting a legitimate civic organisation in a democratic country.
“The SAJBD has a proud record of dealing with issues pertaining to Jews and safeguarding the interests of this tiny community, which has never numbered more than 120 000 and numbers today a mere 50 000. It seems to me that those criticising Judge David Unterhalter are confusing the board of deputies with the South African Zionist Federation, which deals with issues pertaining to Zionism and the state of Israel,” Shain said.
“Even if this is the case, it needs to be noted that the South African Zionist Federation is a legitimate civic organisation and involvement in its affairs shouldn’t preclude any possibility of representing the legal [or any other] fraternity at the highest level. Some of the greatest legal minds in the country have enjoyed associations with both organisations.”
Retired Judge Dennis Davis, who previously served the community as Cape chairperson in 2004, told the SA Jewish Report it was “an outrageous complaint” by the anti-Israel lobby.
“It’s irrelevant. It’s not as if he is doing more than promoting the welfare of his own community. When I last looked, it wasn’t illegal to be a Jew in South Africa. It’s a right to serve your community and its local welfare.”
He said he thought Unterhalter was a hugely deserving candidate for the esteemed position, but agreed this was “a sensitive issue for obvious reasons”.
Mark Oppenheimer, an advocate at the Johannesburg Bar, said Unterhalter was “internationally regarded as a jurist of the highest calibre”.
“Before he was elevated to the bench, he appeared before the Constitutional Court in a range of landmark cases that have vindicated fundamental human rights for all who reside in our country. He would be an outstanding candidate for a position on our apex court. The attack launched by BDS demonstrates its venomous attitude towards South African Jewry and Israel,” he said.
A well-known Cape Town advocate who asked not to be named for professional reasons described the BDS complaint as “toxic”.
“It’s appalling, blatant antisemitism, and many of my colleagues who aren’t Jewish agree with me,” he said.
Unterhalter, a former winner of the Professional Excellence Award at the Absa Jewish Achiever Awards, was born and raised in Johannesburg. He attained his BA degree from the University of Cambridge, LLB from the University of the Witwatersrand, a Bachelor of Civil Law from the University of Oxford, and an MA from Cambridge. In 1990, he was called to the Bar in South Africa, where he practised as an advocate for 27 years. He was appointed judge in 2018, and has since presided over a number of high-profile cases.
Going to Rage like ‘playing Russian Roulette’
Expert in mass gathering medicine, Professor Efraim Kramer, told the SA Jewish Report this week that “Rage is nothing short of teenage Russian Roulette that may take the lives of its participants and cause large national collateral damage in disease and death, as it did last year.”
Kramer said this following a letter written by the Gauteng General Practitioners Collaboration (GGPC) was sent to local principals, begging them to tell students not to go to end-of-year Rage festivals because of the pandemic.
Matric Rage is a group of festivals held at South African coastal towns like Plettenberg Bay and Ballito to celebrate the end of school. Matric Rage 2020 is widely considered to be the super-spreader event that fuelled South Africa’s deadly second wave of COVID-19.
This year’s Matric Rage organisers say they have put safety measures and protocols in place, including that no one can attend without being fully vaccinated. But in their letter, the general practitioners (GPs) say, “However good their intentions, we don’t believe that the COVID-19 safety measures suggested by the organisers can prevent the spread of the virus. A large gathering like this, run over a few days, and consisting of excited teens is the ideal environment for a super-spreader event – as last year’s event demonstrated. Even a ‘vax passport’ [now that 18 year olds are eligible] and daily rapid antigen tests are unlikely to be able to contain an inevitable presence and spread of COVID-19 amongst the revellers and beyond them to more vulnerable people.
“Given the low vaccination rate in South Africa, a festival event of this size poses a considerable risk of a significant and unnecessary contribution to a fourth spike [wave],” they said.
Kramer, head of the Division of Emergency Medicine at the University of the Witwatersrand, and professor of Sports Medicine at Pretoria University, said, “No parent has the right to put their children, other children, and society at health risk because of irresponsible personal excuses that the youngsters need to chill out. These mass gathering, high-risk events can cause death – it’s no different to drinking and driving. Or will the same parents agree to drinking and driving because their kids had a difficult year?” he asked rhetorically.
“I agree that the young generation have sustained COVID-19 collateral damage psychologically, emotionally, and even mentally, all requiring adequate and appropriate countermeasures and social counselling activities,” said Kramer. “However, it’s what’s done, how it’s done, when and where it’s done, and the attention to health-precaution detail that’s primary and paramount.
“Regarding vaccination, these close-contact, mass gathering, crowded events remain a super-spreader, and have resulted in the unvaccinated and partially vaccinated occupying the majority of hospital ICU [intensive-care unit] beds, mechanical ventilators, and sadly, coffins,” he said.
“If Rage continues unabated against sound medical advice, no participant should be allowed back home without full COVID-19 testing. In addition, no participant should be allowed into any communal event including shuls or related activities without evidence of full COVID-19 testing. Finally, no participant should be allowed back to school or education institutions without evidence of full COVID-19 testing.
“Let us not redress COVID-19 collateral damage by bring out the worst in us,” he pleaded. “Let it rather bring out the best, the most innovative, the most exciting, energetic, low risk, safety-assured events that allow us all – young and old – to socialise with each other again. It can be done with discipline, attention to detail, direction, and supervision with effective command and control. All for one, and one for all.”
But one Cape Town parent, Mike Abel, said he will allow his son to go to Rage. “The fine balancing act as a parent is always to consider your children’s physical health and their mental health. These two don’t always go hand in hand when your kids run onto a rugby or hockey pitch with gum guards, head guards, knee guards, and silent words to the gods,” he said.
“Lockdown and COVID-19 restrictions have played havoc with mental and physical health. As social creatures, our children have become more sedentary and disconnected. Rage is an opportunity for excitement, fun, and reconnection.
“Our son is 18 and vaccinated. Is Rage ideal? No. Is it 100% safe? No. Do we think it’s the right decision for him to go? Yes. It will be better for him than not going. He’ll have fun. He’ll let off steam. He’ll connect, laugh, play, swim, and enjoy his new-found freedom and transition from school to this new chapter and adventure. Will we sleep easy while he’s there? No. But we hope his maturity, sense of responsibility, and values will guide him well-ish. Our kids need a degree of risk and freedom for both their physical and mental well-being.”
The GGPC letter was drafted by a group of GPs including three local Jewish doctors. One of them, Dr Sheri Fanaroff, said, “Even with COVID-19 protocols in place, in reality they don’t happen. It’s the same as saying there should be no drugs allowed, but we know there are. I have a matric child, and I’m happy for her to go away and have fun, but not to a massive organised event. Yes, they’ve had a lousy two years, but there are safer ways to have fun. Parents don’t want to make their child be the only one that’s excluded, and we would rather the events be cancelled altogether than force parents and children to make a choice.
“The other issue is that many kids born later in the year won’t be fully vaccinated and two weeks post vaccination by the time Rage comes. Many don’t want to get vaccinated during exams,” she said. “And while young people don’t always get extremely ill from COVID-19, we are seeing a fair amount of long-term consequences. A good percent of this age group are battling six months later with chronic fatigue, arthritis, joint pain, brain fog, and the emotional consequences of all of that.”
Another GP involved in the drafting of the letter, Dr Daniel Israel, said, “One has to differentiate between normal social events and super-spreader events. I’m pretty pro people getting out socially at the moment with safe protocols, but super-spreader events are a no-go. These are teenagers who have just finished matric, and everything about their partying has to do with consumption of alcohol, physical closeness, and small spaces, which all lends itself to COVID-19 spreading. So, by the nature of the people who come to it, you can’t have a safe event.
“A question could be, ‘well these are young, healthy kids – what’s the difference?’ But we know even from last year that when they get home, they don’t isolate properly, they go home on planes, and they do spread it,” he said. “So, the same way that we haven’t been able to do certain things in a pandemic – like Broadway is closed – we think Rage should be closed too. We may be able to have holidays, but not Rage. We’re hoping that next year, we’ll be in a different place.”
Twenty-one year old survives COVID-19 by a breath
We’ve all heard that COVID-19 doesn’t generally affect young people. So when Capetonian Ryan Lipman tested positive in late July, he thought his age was in his favour. He was wrong.
The young musician fought for his life for three weeks in hospital, including 11 days in the intensive care unit (ICU). Now, he has survived to tell the tale, and is begging the unvaccinated to get the jab.
“That first night in hospital was when I realised how serious COVID-19 is,” says Lipman. “Without oxygen, it feels like you are trying to breathe through a toothpick. You cannot get enough air into your lungs.
“I messaged my mom saying how scared I was. I believed that this was how it was going to end. I was going to die from COVID-19.”
He was the youngest COVID-19 pneumonia ICU patient at Milnerton Mediclinic. Recalling the moment he was wheeled in, he says, “All I could see was people on ventilators. Mouths open. Pipes everywhere. I completely lost it. I begged them not to let me die. I barely ever cry, but being in the ICU at the age of 21 with COVID-19 pneumonia, not knowing if you will ever see your family again … trust me, you learn that crying is pretty much all you do.”
Going back to the beginning, he says his family was careful to follow the COVID-19 protocols. “All I ever wanted was to stay clear of this virus. But we celebrated my dad’s birthday by going out for supper – a rare treat in a pandemic.” He’s not sure where his family picked up the virus, but it could have been there. First, his mother got sick, but she had already had one dose of the vaccine. His father had had two doses, and only had mild symptoms.
Lipman also tested positive. He wasn’t vaccinated as he was too young at the time. “It started with chills and a headache. While I have asthma, I’m 21 and healthy.” They all registered with the Community Security Organisation’s COVID-19 Wellness Programme. “Without this monitoring programme, I don’t think I would be alive today,” he says.
“On day two, I woke up with body aches and fatigue. With every movement you make, it feels like someone is aggressively hurting you. Day three began with a raging fever that wouldn’t go down, day four with pain in my chest and back. With a dry cough and extreme dizziness, I woke up on day eight with my oxygen levels dropping to 90%. My dad decided he was taking me to the hospital. At first, I refused. Why would I need to go to hospital for COVID-19? This doesn’t happen to young people.”
But he eventually agreed, and it turned out to be a lifesaving decision. “I later asked my doctors what would have happened if my father hadn’t brought me in when he did. They told me that any later, the outcome would’ve been very different.”
At the hospital, he says, “One nurse put a nasal cannula in my nose, one inserted a drip and one checked my blood pressure and oxygen saturation, which were now at 88%.
“A representative from Pathcare came to take a ‘blood gas’ from an artery to see exactly how much oxygen was in the blood. The pain is excruciating because it’s done ‘blind’. You can’t see an artery, so if the person drawing the blood doesn’t hit the artery, the needle digs deeper.”
The Emergency Room doctor listened to Lipman’s lungs. “I can still hear her shouting, ‘I think we have a case of COVID-19 pneumonia, I need dexamethasone’. The doctor explained that I was hypoxic.” He was admitted. The next morning, his oxygen levels were still at 88%.
“Night arrives and my fear gets worse as I still feel like I cannot get air into my lungs. I ask the nurse to increase the flow rate. At about two in the morning, my breathing problems start to increase again. I find my remote on the floor and manage to grab it with the small amount of energy I have, but it had stopped working.
“It was at this point I started to believe that this was my end. I prayed to G-d and told Him that if it’s my time, he must just take me. I managed to crawl out the bed and banged on the window to get the nurse’s attention. After fixing my remote, I felt that maybe the flow of oxygen was too much, making it even more difficult to breathe. As she slightly decreased the flow of oxygen, an overwhelming feeling of relief came over me as I could finally breathe.”
His oxygen levels went down to 86%, and he was put on a high flow oxygen system. “This delivers humidified oxygen up to 60 litres per minute. They left me for two hours flat on my stomach to see if they could get my oxygen levels back to at least 95%. This is an incredibly uncomfortable experience. The head nurse checked my SATS again – 89%. She added a re-breather mask. I’m now on the highest amount of oxygen before they ventilate you.”
Lipman was then moved to ICU, where he saw things that no 21-year-old should see – “the weeping cries of people saying goodbye to their family members, people getting intubated in front of you, and people passing away.
“The head nurse promised me he would do everything to get me out of there alive and said I needed to keep positive. I’ve learnt that as much as COVID-19 is a physical fight, it’s also a mental fight.”
His parents were allowed to visit him in ICU. “As my father left, I begged him to get me out of there. Every day in ICU was the same. Imagine a blood gas every morning? To stop this pain, my doctor decided that I would need an arterial line for blood to be taken at any time without having to stab a needle into my artery. I would basically become a ‘blood tap’. As the line was inserted, I screamed in pain. As soon as the doctor flushed the line, my entire hand started to burn. An intense burning never experienced before in my life.”
Eating was a huge battle, as “every time that mask came off for a few seconds, I would need to catch my breath. Just slightly adjusting my body so that the physios could work on my back would feel like I had run a marathon.
“Each day, the physios push you to your max with breathing exercises as well as physical exercises. It took six days to get me standing and another five days to learn how to walk again.”
Lipman slowly and miraculously recovered. “I couldn’t believe I survived. I constantly feared death. It was too close for comfort.”
Before he left the hospital, he returned to the ICU one more time to thank them. “All I needed to say was ‘thank you all for saving my life’ to turn me into a complete emotional wreck. ‘I could have died, I could have died,’ I cried. ‘But you didn’t. You were given a second chance at life – now take it,’ they said.
“This experience has taught me so many things, but mainly, to be grateful for every single moment,” he says. “I was nearly on a ventilator, fighting for my life, and endured traumatic events that will most likely haunt me forever. My parents were vaccinated and I wasn’t. Please get vaccinated.”
Community called to back anti-corruption body
A proposition for a new, independent anti-corruption body landed on President Cyril Ramaphosa’s desk on Tuesday, 24 August, and those who have spent years toiling to make it happen are asking the South African Jewish community to support it in any way it can.
“Our community was burnt by the actions of the ‘Gupta minyan’ during state capture,” says community stalwart Mark Hyman. He is the founder and director of a new organisation called Citizens for Integrity, and played a key role in putting together the memorandum sent by nongovernmental organisation (NGO) Accountability Now to the president this week.
“Corruption has decimated other Jewish communities living in failed African states. This is relevant to us all. As Jews, we cannot stand by and let corruption happen. We need to get behind this process.”
Accountability Now proposes the formation of a Chapter Nine anti-corruption body provisionally called the Integrity Commission. Chapter Nine institutions refer to organisations established in terms of Chapter 9 of the South African Constitution to guard democracy.
One of Accountability Now’s directors, Paul Hoffman SC, says that this specialist, elite, and independent anti-corruption body would help to prevent, combat, investigate, and prosecute the corrupt in our midst.
“Serious corruption, be it in the form of state capture, ‘covidpreneurism’, or orchestrated looting and rioting is the number-one threat to the rule of law and the success of our Constitution,” says Hoffman.
Accountability Now has advocated the need for such a body for more than a decade. It believes it has now become a matter of urgency due to the shrinking economy and unrest being fomented. “The beauty of the Chapter Nine umbrella is that the body cannot be closed down as easily as the Scorpions were dissolved,” says Hoffman.
In the memorandum that was sent to the president and Parliament this week, Accountability Now called for the introduction of a constitutional amendment and enabling legislation for the establishment of constitutionally compliant anti-corruption machinery of state in South Africa.
“Serious forms of corruption like grand corruption, state capture, and kleptocracy in South Africa are criminal violations of fundamental constitutional and human rights. They are literally killing many South Africans, mostly the poorest, and some of the whistle blowers,” says Hoffman.
“The anti-corruption machinery of state in South Africa isn’t fit for purpose, especially regarding serious corruption in all its forms,” he says.
Hoffman says Ramaphosa was asked in Parliament in 2019 to consider the establishment of a Chapter Nine anti-corruption body, to which he replied that he would “mull over” the “refreshing idea”.
Then, in August 2020, the African National Congress (ANC) National Executive Committee (NEC) instructed cabinet to set up new anti-corruption entity. It envisaged a stand-alone, single, permanent, and independent body, capable of dealing with corruption without fear, favour, or prejudice. That resolution hasn’t been acted on openly yet.
However, in his State of the Nation address in February, Ramaphosa announced that there was a long-term plan for a new anti-corruption body that reported to Parliament, but he would need to consult about it over the next two years.
“He clearly didn’t see it as urgent then, but we disagree, as South Africa is sliding toward failed-state status,” says Hoffman. “So, we sat down and prepared a constitutional amendment and enabling legislation. To get there, we have proposed a divorce between the NPA [National Prosecuting Authority] and the justice department so as to secure the independence of the NPA and eliminate the influence of the executive branch of government over it.
“We also proposed a definition of serious corruption which is those cases in which more than R5 million is involved. Only cases of serious corruption will be dealt with by this new commission. The idea is that it will be a ‘one stop shop’ with a branch in each province. It will investigate and prosecute under one leadership, as the Scorpions did before it was disbanded,” he says.
“All aspects of serious corruption will be dealt with by this one body,” he says. “It will be overseen only by Parliament, and have its own accounting officer. Parliament will determine the name of such a body in the process of legislating it.
“The Hawks will carry on – they will lose jurisdiction only in dealing with serious corruption. The NPA will also continue, but the prosecuting of serious corruption will go to this new body. We also say that this new body must be given guaranteed finances – it should be entitled to 0.03% of the national budget in the preceding year.
“It will have civil jurisdiction and the capacity to recover loot, seize and preserve proceeds, and ensure that they are restored to those who were looted,” says Hoffman. “We hope that a good half of the estimated R1.5 trillion of state-capture loot will be recovered within a year of this body being formed. The longer we leave it, the harder is it to chase up. Already, banks and professionals caught up in state capture and exposed at the Zondo Commission are low-hanging fruit.”
He says the reason they have done this now is because “we believe its time has come. First, the ANC NEC asked for it. There might be slightly different terminology, but nothing we are proposing is different to what it asked for in August last year. Then, in July 2021, the Democratic Alliance announced that it wanted the Hawks to be converted into an anti-corruption body under Chapter 9. This is a step in the right direction, but we believe it’s not enough in the current circumstances. The NPA is unable to do its work on corruption because of saboteurs planted within it by [former president, Jacob] Zuma. Rather than swim against the tide, handpick independent experts for a new organisation so that it can do its work properly.”
Hoffman says this change is important and urgent for us all, but particularly for the business community, which holds the key to turning the beloved country around.
“New investment in South Africa won’t occur if the perception is that it is a corrupt country. But if the government ‘walks the walk’ on countering corruption, confidence will grow that investment is safer. Also, it’s about keeping to the rule of law and realising the promise of the Constitution and its Bill of Rights. Poverty, inequality, and joblessness can best be addressed via the vigorous growth of the economy.”
Willie Hofmeyr, the retired head of the asset forfeiture unit at the NPA, and also a founder and director of Citizens for Integrity, has also put his weight behind the initiative. “Given where we are in South Africa, we need a body whose sole focus is corruption,” he says. “The Jewish community has always been at the forefront of change in South Africa. Corruption is our biggest challenge since apartheid. It’s the biggest threat our country faces, and it’s a war that we cannot afford to lose.”
Hoffman is asking the community to be “active and participative citizens, and write to the president and the secretary of constitutional review in Parliament expressing your support”.
In addition, he says, “Accountability Now is a small section 18A compliant NGO that’s entirely reliant upon donations to do its work. All directors and trustees are unpaid volunteers, and its overheads are kept to the barest minimum. If you are of a mind to support Accountability Now, a pay gate portal is available on its website.”
Visit the integrity commission page, www.accountabilitynow.org.za, for more information and a look at the draft bills proposed.
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