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Democrats win the House; Jews step into key roles

If you thought the first half of Donald Trump’s first term as president was volatile, think about the next two years: his hated opponents, the Democrats, are now weaponised.

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RON KAMPEAS

Returned to the majority after eight years, Democrats in the United States House of Representatives will now wield the awesome power of subpoena. And. some of the key party figures who will be able to force Trump administration officials to testify are Jewish.

Caucus elections will take place between now and the launch of the 116th Congress, but barring a surprise, these five Jewish Democrats will chair key House committees, including three from New York – Jerrold Nadler, the Judiciary Committee; Eliot Engel, Foreign Affairs; and Nita Lowey, Appropriations. Also, Adam Schiff of California will helm the Intelligence Committee; and John Yarmuth of Kentucky will lead the Budget Committee.

Those committee chairmanships and others will loom large in efforts by the Democrats to stymie what they consider to be a catastrophic presidency.

Impeachment does not appear to be an option for now. Nancy Pelosi of California, likely to regain the Speaker’s gavel, has counted it out, and so has Nadler, whose committee would conduct any investigation into the president.

But there are other areas in which the Democratic majority in the House will reshape policy.

Just because impeachment is off the table does not mean investigations are out of bounds. Democrats are furious that the White House and Senate Republicans constricted the investigation into sexual assault charges against Supreme Court nominee Brett Kavanaugh, who was confirmed. Nadler said he may delve further into the Kavanaugh allegations.

Democrats, including Yarmuth, say they want a gander at Trump’s tax returns, which would reveal the extent to which his businesses are in debt, possibly to foreign interests. The Oversight Committee will want to explore ties between businesses owned by Trump and his family, and interests that have business before the United States, queries that could unsettle Trump’s daughter, Ivanka, and her husband, Jared Kushner.

Schiff, a persistent critic of Trump on cable networks, has been bursting with frustration at what he says are the obstructions placed by current GOP (Grand Old Party) Chairperson Devin Nunes of California on the committee’s investigation of alleged collusion between Russia and Trump’s presidential campaign.

Efforts to kill “Obamacare”, the Affordable Care Act that was President Barack Obama’s signature policy win, are dead. Key protections, including guaranteed coverage for people with pre-existing conditions, remain in place. Expect talk of reform to take a leftward direction, with key Democrats now endorsing contemplation of a single-payer, “Medicare for all” plan.

A Yarmuth-led Budget Committee also would seek to tamp down the deficit by restoring some of the tax cuts that have been Trump’s signature first-term accomplishment.

Trump’s immigration policies, including family separations, and the planned deployment of troops to the US border with Mexico, have mostly been by executive order, bypassing the legislative process. With Democrats controlling the House, however, they will be subject to oversight. Jewish groups that advocate for immigrants and refugees, like HIAS, will feel a sense of relief, albeit not complacency.

Much virtual ink has been spilled analysing what the effect on the Democratic Party will be of the election of a handful of Democrats who have sharply criticised Israel. They include Rashida Tlaib in Michigan’s District 13, the first Muslim woman elected to Congress; Ilhan Omar, the Somali-American winner in Minnesota’s District 5; Ayanna Pressley, who won her uncontested House race in Massachusetts’ District 7 on Tuesday; and Alexandria Ocasio-Cortez, whose primary upset over a 10-term incumbent paved her way to victory in New York’s 14th.

In the long term, it is an interesting question, as more Democrats appear willing to question Israeli policies.

But over the next two years, their election is not truly significant. Staunchly pro-Israel legislators still call the shots. Engel is one of Israel’s most reliable supporters, of either party, in the House, and so is Lowey, who will be the most influential Democrat controlling government spending.

Israel and many of its backers in the Jewish community have been thrilled with Trump’s unilateral and often precedent-breaking moves on Israel, including his decision to move the US Embassy to Jerusalem from Tel Aviv; his tepid talk about a two-state solution; and especially his decision to scrap the nuclear deal with Iran. Israeli Prime Minister Benjamin Netanyahu hasn’t been shy about how pleased he has been with the president and his party.

If there will be a change, it will be in restoring some of the funding to the Palestinians that Trump has slashed. But that’s not funding that Israel necessarily opposes. While relations between Israel and the Palestinian Authority are at a nadir, Israel’s security establishment still sees a viable PA as critical to keeping the West Bank quiescent.

It’s too late, if it ever was possible, for Democrats to affect the other area of Middle East policy where they have a substantial disagreement with Trump: Iran. Trump’s pullout from the 2015 nuclear deal is pretty much final, with many pre-deal sanctions reimposed on Iran this week.

More broadly, Democrats and some Republicans in Congress have been appalled by Trump’s nonchalance about abuse by US allies, including Saudi Arabia and Egypt. Expect more oversight related to how the US is intervening on behalf of the oppressed abroad. (JTA)

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‘Wake up!’ say doctors, as third wave ramps up

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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.

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BDS boycott ‘creating divisions among ordinary South Africans’

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“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.”

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SAZF takes on Judge Desai for his conduct

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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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