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Israel has its first gay government minister. He has visited SA.

(JTA) Amir Ohana was appointed Israel’s justice minister last Wednesday. He is Israel’s first openly gay government minister.

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Ohana was in South Africa in August 2017 as part of a delegation of Knesset members from various political parties. The group came to the country to support the local community, and promote dialogue, understanding, and co-operation between South Africa and Israel.

While he was taken aback at the strong bonds between the South African Jewish community and Israel, he was unimpressed by the African National Congress’s (ANC’s) treatment of their group.

“What I find distressing is the way the ANC government claims to strive for peace in our region, but it would happily host Hamas and not members of the Knesset,” Ohana, then a Likud MP, told the SA Jewish Report at the end of their trip.

“They welcome people like Khaled Mashal, a terrorist leader, from an organisation which has a covenant that stipulates that it strives to kill all Jews, but they refuse to see us,” said Ohana, who was one of two Likud MPs on the week-long trip.

“The ANC government says it wants to build bridges, but instead it’s trying to burn bridges.”

Ohana’s appointment comes days after Prime Minister Benjamin Netanyahu fired acting Justice Minister Ayelet Shaked, who had continued in her position in spite of not earning a spot in the 21st Knesset after April’s elections.

Cabinet ministers don’t have to be members of Israel’s parliament, but after Netanyahu failed to form a ruling coalition after the vote, he said that it would be inappropriate for her and another unelected member of her party, Education Minister Naftali Bennett, to remain in their positions until new elections are held 17 September.

Why Ohana?

A statement from the prime minister’s office has emphasised Ohana’s experience with the justice system, but Israeli publications noted that he is a Netanyahu loyalist who first and foremost supports legislation that would grant Netanyahu immunity from prosecution in at least three corruption cases against him.

Ohana also headed the committee that wrote the controversial nation-state law which states that Israel is not a country of all of its citizens, but a Jewish state.

Ohana may additionally have been a more palatable choice than Betzalel Smotrich of the right-wing Union of Right Wing Parties, who has been demanding the justice ministry portfolio. It is not known whether Smotrich was even in the running, but he definitely damaged his chances when he said recently that he wanted to run the country according to the Torah, and “go back to operating as it did in the days of King David and King Solomon”.

“There goes the halacha state,” a Likud Party spokesman reportedly quipped after the announcement of Ohana’s appointment, using the term for religious law.

Does he have job security?

Netanyahu originally announced that he would keep the justice and education portfolios for himself until the new elections, but changed his mind after some complained that it was wrong for him to act as justice minister while under threat of indictment.

Ohana’s term will be short due to the new elections, but some news outlets report that he could hang on to the portfolio in the next government if Netanyahu has any say.

“He won’t be much of a justice minister,” Ha’aretz columnist Yossi Verter wrote. “This is a transitional government where there is no Knesset and no ministerial committee for legislation. He will influence the way the system is run about as much as the sleepy guard at the justice ministry headquarters on Jerusalem’s Salah e-Din Street.”

Verter also noted that during his tenure in the Knesset, “Ohana hasn’t made any particular effort to advance interests of the LGBTQ (lesbian, gay, bisexual, and transgender) community. His consistent excuse was his commitment to coalition discipline. Over time, this evolved into personal discipline in service of the leader, and on Wednesday, he got his reward.”

Is he good for the LGBTQ community?

Ohana’s loyalty to the conservative Likud is puzzling. In November, the Knesset voted down an amendment to the country’s surrogacy law that would have allowed same-sex couples to have children by surrogacy in Israel rather than forcing them to go to other countries at great expense and emotional hardship. Netanyahu and most of the coalition voted against the amendment, authored by Ohana, with Netanyahu saying that he was afraid of angering the haredi Orthodox parties in his coalition and bringing down the government.

Ohana has a husband, twin children born through a surrogate in the United States, and a harrowing story of not being with the babies when they were born prematurely.

Meanwhile, Israel’s LGBTQ task force called his appointment a “historic milestone”, and said he could make a difference even as an interim minister, pointing to things under his authority that do not require government approval.

Those include softening the protocols for transgender people in the committee for gender reassignment, creating new and better procedures for recognising the non-biological parents of children born via surrogacy, and revamping the process for allowing LGBTQ parents to adopt children outside of Israel.

Netanyahu is expected to give the education portfolio to a leader of the Union of Right Wing parties, namely Smotrich or union head Rafi Peretz.

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OP-EDS

The murder of Ashley Kriel

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Forensic investigator David Klatzow, who for three decades campaigned to reopen the investigation into the death of anti-apartheid activist Ashley Kriel in 1987, welcomes the news that the case is being reinvestigated. He gives his opinion.

There were many crimes committed by the police in the 1980s which cry out for justice. Some made it into the headlines, but none resulted in the prosecution of the policemen who committed these crimes. Not even in the case of Steve Biko were the police sanctioned for his death. It took years to get Biko’s doctors Benjamin Tucker and Ivor Lang to be censured by the deeply apartheid medical council.

The case of Ashley Kriel is no exception to this toxic and melancholy state of affairs. Ashley was an effective political organiser in the Cape, and his activities brought him to the attention of the security police. He was a wanted man.

One day in 1987, the police received information that Kriel was hiding in a house in Athlone, and they sent Sergeant Anthony Abels and Warrant Officer Jeff Benzien to survey the house, but not to take any further action. Disobeying their orders, they knocked at the door, and when Kriel opened it, a struggle allegedly ensued.

During that struggle, according to the police, Kriel produced a firearm and, in the process of subduing him, a shot was discharged and Kriel was fatally wounded. So much for the police version.

I gave evidence at the inquest. On the bench was inquest Magistrate G Hoffman and sitting as an assessor was Theo Schwër, who was the head of forensic medicine at Stellenbosch.

Crucial to the case was the fact that there appeared to be a contact wound on Ashley’s back just alongside his shoulder blade. However, there was also a hole in the tracksuit top he was wearing. Herein lay the problem. The hole in the clothing was small, about three millimetres. Tests done by me with the same weapon and the same type of clothing using a dead pig as a backdrop, produced a significantly larger hole, about 30 millimetres in size.

Thus, the hole in the clothing didn’t match up with the alleged contact shot that was central to the police version. The police brought in their ballistics “expert”, one Willie Visser, who essentially found that a contact shot with pig skin as a backdrop produced the massive hole. This was no problem for Visser. He went about manipulating his results until, by using a sandbag as a backdrop, he could achieve the size hole in the clothing that he desired.

My comment to the court was that the only thing that this proved was that the deceased was a sandbag – the so-called reductio ad absurdum argument (a method to disprove an argument by illustrating how it leads to absurd consequences). The state pathologist, the late Deon Knobel, was no better. He performed equally fatuous and scientifically illiterate experiments to prove the police version.

What actually happened was that Kriel was shot from some distance away and Benzien, realising that this would be difficult to explain, pulled up Kriel’s tracksuit top and fired a second shot through the same entrance wound. This is the only explanation which can explain the discrepancy in the bullet-hole size in the tracksuit.

Of great sadness to me was the assessor. He should have known better. He sat through this parade of scientific nonsense without raising a question.

The failure to act fairly and to see to it that justice was administered will stand for evermore against the name of Theo Schwër, and rightly so. The magistrate, Hoffman, was typical of the apartheid apparatchiks who were all too common on the bench at the time.

Thus, the take-home message of this whole parody of an inquest was that Ashley Kriel was murdered by Benzien and Abel, and the justice system let him down.

The application by Benzien at the amnesty hearings of the Truth and Reconciliation Commission was similarly a travesty as far as the truth was concerned. The person who represented the family never thought to properly prepare any cross examination for Benzien.

The result was that Benzien continued with his false narrative, and got away with it again. That lawyer now inhabits the Cape Bench.

The climate of our courts has changed, and the re-opening if the Ahmed Timol inquest and the inquest into the death of Dr Neil Aggett have set the scene for more investigation to find the truth and punish the wrongdoers. It would be a good example to set for the current crew of corrupt policemen.

  • David Klatzow was one of South Africa’s first private forensic scientists and was involved in most of the high profile cases of the 80s and early 90s, including the Helderberg plane crash, the attempted murder of Dr Frank Chikane and the murder of the Gugulethu 7.

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The artist, the ConCourt judge, and RBG

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The last time retired Constitutional Court Judge Albie Sachs saw his dear friend, United States (US) Supreme Court Judge Ruth Bader Ginsburg was when he delivered a unique lace collar created by acclaimed South African artist Kim Lieberman at the end of 2018.

Bader Ginsburg died, aged 87, on 18 September after a long illness, and the world is mourning this political and feminist icon. Since she became the second woman ever to serve on the US Supreme Court in 1993, RBG (as she was affectionately called) has been a leading voice for gender equality, women’s interests, civil rights, and liberties.

Lieberman learnt about RBG in July 2018 and was taken with all that she stood for. Once she realised that the US judge collected and wore lace collars, she was determined to make one for her.

Lieberman described RBG as having challenged and transformed gender-based laws and perceptions for decades. “She must have been pivotal at the start of the feminist era,” said Lieberman “She continued to press issues of that nature. People celebrate her integrity and her stance, and what must be the dignified yet fierce way she had to uphold and place her value system.”

Lieberman contacted Sachs as soon as she could because she knew he was a close friend of RBG.

“I emailed him [in August 2018] about my idea, asking him if he had a route to get the lace collar to her. He said he would gladly take it to her himself if I could make it by November, as he was going to Washington DC then,” said Lieberman. She made it and delivered it to Sachs in Cape Town, and he personally took it to the already ailing US judge.

Sachs had been friends with RBG for about 20 years at the time, having met her at the US Supreme Court when gathering ideas for building the Constitutional Court in South Africa. After being introduced to her and invited to her chambers, visiting her became a “must-do” whenever he was in Washington DC.

RBG and her late husband, Marty, then came to visit Sachs in South Africa to see the Constitutional Court about 10 to 15 years ago. “She adored our court, loving the warmth and friendliness of the building,” he said. Her delight in the court Sachs was so involved in developing was his all-time favourite memory of her.

Because of him, RBG went on to write the foreword for Art and Justice, a book on the art collection of the Constitutional Court of South Africa. It turns out that an artwork of Lieberman was featured in the book.

When Sachs took Lieberman’s collar to RBG, he recalls having to wait a while to see her because, in spite of her ailing health, she was working out with her trainer. He smiles at the memory of how RBG “looked like this tiny person who would be blown away by the wind, but she had a vice-like grip and was incredibly strong”.

He recalls her opening the box with the collar in it, and her eyes lighting up. “She gasped, literally gasped. She said she was thrilled, and felt and touched the collar, and put it back on the soft, dark cushion and said, ‘Albie, I can’t wear this, it’s a work of art. I’m going to rather frame it’.”

Sachs told the SA Jewish Report this week, “Ruth was very careful that we shouldn’t take photographs of her wearing the lace collar as she didn’t want her station to be involved in anything commercial as in to promote Kim’s work.”

However, he said he was “so happy” to take the collar to RBG because he knew that Lieberman had created it for her out of deep respect for all she stood for. Also, he said, it was no coincidence that Lieberman was working in lace, and RBG was interested in lace collars. It made sense to him that she would want to give her this gift.

For Lieberman, the mission that connected her to RBG began in a mud bath on the Italian island of Vulcano. “I was chatting to an American woman I’d just met, and I mentioned that I make conceptual art and lace,” recalled Lieberman. “She asked if I’d heard of Judge Ginsburg. She told me that she wears lace collars to make political, feminist statements. You can just imagine the shivers I had. So many of the concepts she spoke of I embed in my lace works. I knew I had to make RBG a lace collar. I immediately also knew how it would look, and the concepts it would convey – the same concepts with which she imbues her own collars.”

Early on as a judge, RBG decided that as her male counterparts wore ties, she would wear feminine collars as a feminist stand. But feminism was only one part of this complex and fascinating woman, who also loved art and opera.

Sachs described his late friend as “very solid, grounded, firm, and decent” about being a judge, a woman, and a dear friend. “She had an extremely sharp mind, quick but not witty and smartassed – that wasn’t her style.

“She had a deep and profound sense of justice, being there to protect the vulnerable. So, although she became famous as a feminist legal advocate and strategist, which was central to her work, it didn’t stop her from engaging in other areas where people were being unfairly treated by the law.”

RBG recognised that people thought she offered a different vision of the world to that of Donald Trump, Sachs said. However, she “lacked bravado, and instead was thoughtful and modest and very determined to do what was right”.

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September 11 indelibly imprinted in our minds

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Greg Baron will never forget 19 years ago looking up after being evacuated from his hotel room in the World Trade Center complex in New York and seeing people jumping from the North Tower.

“They kept telling us not to look up, but of course we did just that,” said this Sandton resident who survived the horrific 11 September 2001 terrorist attack. “We could see people jumping from the North Tower. We heard another noise and watched as the second plane hit the building. I knew we had to get out of there as fast as possible.”

So many years later, this memory is still indelibly imprinted on this Sandton resident’s memory because he and his sister Elise survived this terrible tragedy in which 2 977 people lost their lives.

Like so many others who lived to tell the story of the collapse of New York’s iconic World Trade Center, he still asks himself why he emerged from the disaster in which terrorists forced American pilots to fly into the twin towers of the World Trade Center.

This Friday marks the sombre anniversary of one of the greatest tragedies of the past two decades.

“I can still see that destruction, the plane hitting the building and solid structures disappearing in a few moments in front of my eyes,” says Baron. “I don’t think people actually comprehend the extent of what happened, the damage which was actually done and how lucky some of us are to still be here.”

Baron was visiting New York with his sister in September 2001, following their stay in Chicago where they had celebrated the wedding of their brother. The two flew to New York on 10 September, looking forward to spending a few days in the ‘Big Apple’ before returning to South Africa.

“A friend was working in the city and invited us to stay at the World Trade Center’s Marriott Hotel where he had accommodation. We took rooms on the 15th floor,” he says.

Baron and his sister spent the evening of 10 September out on the town, returning late to their hotel room. They were awoken the following morning by vibrations felt across the room and the sound of the hotel alarm system at 08:45.

“Initially, we were told to stay in our rooms,” Baron recalls. “We looked outside and noticed that the windows were cracking. I called reception, but they insisted we stay put. Suddenly, we were told to get out as fast as possible and evacuate the building.

“We ran down those flights of stairs. When we arrived at the lobby, I remember a woman still in her nightgown and hair curlers saying that she’d seen a body bounce off her room window. We were stunned.”

The lobby was soon evacuated, and guests ushered quickly outdoors where dozens of police cars and fire engines were arriving.

Baron navigated to the nearby Battery Park, located at the southern tip of Manhattan about 1½ kilometres from the site of the disaster.

“We sat at the edge of the water, and I thought that if things got really bad, we could jump in and swim towards Ellis Island,” he says. “I could see the building from where we sat for a moment, but suddenly it just vanished behind other buildings.”

The two were soon blanketed in thick dust from the collapsed building, while overhead American fighter jets roared towards the scene. Unable to contact anyone, they boarded a ferry for Staten Island and managed to make for New Jersey before heading back to New York.

After a grim week in the city, they boarded the second international flight out of New York and travelled back home to South Africa, escorted by fighter jets until they were clear of American airspace.

“I didn’t often think about what happened until recently,” Baron says. “I compartmentalised the event in the back of my brain. I don’t know why I’m still here today.”

Tragically, others from our community lost their lives in the events of that day. One is Zambian-born Edmund Glazer, a graduate of King David Linksfield who had moved to America after completing his schooling. An accomplished accountant, husband, and father, he lived in Boston with his family.

“Edmund was flying to Los Angeles on the day of 9/11,” recounts his sister, Beatrice Carter, from her home in North Carolina, USA. “He flew all over the world for his job. His wife insisted he not fly to Israel at the time because it was dangerous, but tragedy ended up happening in his own backyard. Nobody saw it coming.”

Glazer was aboard American Airlines flight 11 which was hijacked 15 minutes after take-off and flown into the North Tower at 08:46 local time. The flight manifest later showed that he was seated beside Daniel Levin, an American Israeli mathematician who was murdered when he tried to overcome the terrorists.

She continues: “Edmund always flew out on the first flight of the day, and always called me and his wife before take-off and after landing. That morning, he didn’t call me. I watched what was happening in New York, contacted his wife, and said I refused to believe it.

“As the day went on, I got the feeling that something had happened to him. Later, the FBI visited her home and confirmed that Edmund had died.”

It fell to Carter to notify her parents in Toronto, so she drove to their home and broke the difficult news in person. After spending time with them, she headed to Boston to be with her sister-in-law and four-year-old nephew. A memorial was arranged for Glazer and, although Carter anticipated a maximum of 50 people, some 500 attended the ceremony.

“He was so loved and respected within his industry,” she says. “Nobody called him an acquaintance – he was always a friend. My brother had a way of touching everyone he met, walking into a room and making an impression. He was a special soul.”

Only two bones were ever recovered of her brother’s remains, and these were flown to Toronto for burial, transported with full ceremonial honours. Carter recounts visiting his grave yearly on the anniversary of his death, sitting down to speak with him and enjoying their shared favourite, a tuna sandwich and coffee.

“I always feel his presence at this time of year,” she says. “I’m older, and we were connected from the day he was born. It never gets easier. You learn to cope, and life does go on, but I lost my closest friend that day. Over 2 000 people died that day but, to me, only Edmund died. I will always miss him.”

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