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Legal stricture puts Lithuanian citizenship out of reach for many

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Hundreds of applications worldwide for Lithuanian citizenship based on ancestry are being rejected by the Lithuanian Migration Department, some pending indefinitely and others being placed on hold.

This follows a Lithuanian Supreme Court decision in December 2020 which has opened the law up for interpretation, making it much tougher and dramatically slower to get citizenship.

In addition to what has always been accepted as sufficient proof of Lithuanian citizenship, applicants are now also required to provide proof that their Lithuanian immigrant ancestors actively sought to maintain their Lithuanian citizenship once in South Africa (or their new country of residence) until 15 June 1940. This applies to Litvaks around the world.

This is a departure from the original position, which never required any proof that citizenship was actively maintained after leaving Lithuania.

“This is a major obstacle for applicants as in almost all cases, no such proof exists. It has far-reaching implications for all future citizenship applications,” said Lithuanian emigration consultant Nida Degutiene from Next Steps.

Her company assists many South Africans to obtain Lithuanian citizenship by helping to source the required documentation for reinstatement of their citizenship. She told the SA Jewish Report some of her clients’ applications have recently been declined by the migration department because of this.

According to insiders, things changed following this court decision, which highlighted the law on all citizenship applications. “There is discussion about the exact interpretation of the Lithuanian law of citizenship,” Degutiene said.

This development has dramatically slowed down the application process, causing frustration, say insiders. The department has queried hundreds of pending applications, requesting this additional proof, which according to insiders is extremely difficult – if not impossible – for most people to produce.

There also appear to be many more declined applications than there were previously. In some cases where families have applied at different times using the same source documents, some have been granted citizenship, while others have been rejected.

Dainius Junevičius, the Lithuanian ambassador to South Africa, said 2 646 positive decisions were made by the migration department to reinstate citizenship for Jews from Lithuania living in South Africa between 2016 and 2020.

“The number increased tenfold in five years – from 119 in 2016 to 1 121 in 2020. During that period, the embassy accepted 2 116 passport applications and issued 1 679 passports. Last year, the consular section of the embassy exceeded all of its limits, and accepted 659 passport applications,” he said.

Junevičius said the migration department had processed 1 242 reinstatement requests last year. Citizenship had been reinstated in 1 121 cases, and rejected in 121 cases. “This gives about 90% positive decisions,” he said.

There is uncertainty about where people stand now regarding the prospect of gaining citizenship.

However, there may be hope on the horizon.

In recent weeks, following extensive lobbying, there are initiatives in parliament to amend the citizenship law. A Bill has recently been drafted formally supported by more than 30 members of the Lithuania Seismas (parliament).

“This is a very positive development,” said Degutiene.

The date for tabling the Bill, debating it, and voting whether or not to pass the Bill into law, is still to be decided.

The Bill, which requires a majority vote in its favour before being passed, aims to remove the requirement that applicants prove that their ancestor actively retained Lithuanian citizenship up until 15 June 1940. If the proposed amendment is passed, the requirement would be to prove only that their ancestor held citizenship at any time prior to 15 June 1940.

“This would likely ensure the success of many pending applications which are currently under query,” said Nicole Marcus of AccessEU.

It follows pressure from many service providers who have been actively engaging with Lithuanian authorities to amend the way in which applications are being considered.

Many have written to the Lithuanian Home Affairs Ministry to complain about the way in which the migration department is now considering applications, describing it as “unreasonable and unfair”.

The South African Jewish Board of Deputies (SAJBD) has written to Lithuanian authorities at the highest level, seeking to make things easier for South African Litvaks.

“This is a matter of principle,” said Zev Krengel, SAJBD national vice-president. “Most of our ancestors were forced to flee Lithuania under terrible circumstances, and restoring our citizenship will go a long way to heal and address the wrongs of the past.”

Krengel, who has visited Lithuania several times, received his passport in 2017 with his father, Julius, whose father fled the country in 1925 with literally “the clothes on his back”, according to Krengel.

The Board has written to the president and prime minister of Lithuania, including several other prominent members of parliament, appealing for an amendment to the law, correcting the wording so that citizenship of Lithuania will be reinstated as before.

The letter calls upon the leadership of Lithuania “to cherish and preserve” significant resolutions that allowed all people of Lithuania who were expelled or emigrated in pre-war times to return their citizenship and be part of the new Lithuania.

The SAJBD said it was concerned about “new legal barriers” which were creating obstacles for those applying for reinstatement of Lithuanian citizenship.

Junevičius, said the principle of state continuity was very important for Lithuania. “Modern Lithuania is a continuation of the pre-war Republic of Lithuania, which lost its independence on 15 June 1940, when it was occupied by the Union of Soviet Socialist Republics. All persons who were Lithuanian citizens on that day are considered Lithuanian citizens until now, regardless of where they lived then – in the United States, Russia, British territories, or elsewhere. We’re talking not only about Jews, but about people of all nationalities and faiths. Lithuanian legislators enshrined this principle of continuity of citizenship in the Law on Lithuanian Citizenship,” he said.

“According to the current law and the interpretation of the courts, there is an important condition for the reinstatement of citizenship – the person had to be a Lithuanian citizen on 15 June 1940, so that they or their descendants could reinstate Lithuanian citizenship,” he said.

“The majority of Jews living in South Africa are of Lithuanian descent. The reality is that not everyone meets the criteria for reinstating citizenship.”

If documents are missing or the migration department has doubts that the applicant was a Lithuanian citizen on 15 June 1940, the procedure takes time, he told the SA Jewish Report.

“We are well aware that some applicants cannot prove that their ancestors were Lithuanian citizens until 15 June 1940, and their requests are rejected. As long as this citizenship law and court interpretation is in force, no other solutions can be expected.”

Junevičius said it was important for prospective passport holders to show an interest in Lithuania.

“I’m frustrated that the Lithuanian passport is valued only because it provides an opportunity to travel around Schengen countries, without even visiting Lithuania,” he said.

Although the Lithuanian embassy in Pretoria was opened only in 2015, investment from South Africa in Lithuania is negative, and only 300 tourists from South Africa visited Lithuania in 2019.

“Lithuania is still an undiscovered place for South African Jews to do business, get a great higher education, spend a vacation, or even relocate to the country where their ancestors once used to live,” he said.

He said the embassy did its best to increase the speed of service to reduce waiting times, but asked for patience while booking a time slot for a visit at the consular section.

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1 Comment

1 Comment

  1. Grant Gochin

    Jun 12, 2021 at 3:33 am

    The Lithuanian Government threatens criminal charges against those that voice dissatisfaction with Lithuania’s Holocaust fraud, and against the rampant honoring of Holocaust perpetrators as Lithuanian national heroes.
    Visiting the killing fields and the death pits containing our families is critically important, however the risk of criminal charges for saying the wrong thing is too high for any rational tourist.
    Until the Lithuanian government guarantees Jews safe passage and no intimidation, Jews should stay away.
    Until Judicial corruption in Lithuania is addressed, it is simply too risky for an investor to invest there.
    Their passport is great for traveling though – truly useful.

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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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Kacev heads up Jewish education network that will benefit SA

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The former director of the South African Board of Jewish Education, Rabbi Craig Kacev, has been selected as pedagogical director of a new project called the Global Jewish Education Resource Centre, in partnership with Israel’s Diaspora Affairs ministry.

For the first time, there will be one organisation liaising with Jewish schools throughout the world, creating a global Jewish education network.

The initiative includes a global educational and professional network that will work with experts and providers across all continents and in different languages. It will pioneer the development of educational content, training of teachers, support of school leadership, building of virtual platforms to share ideas and initiatives, and the provision of professional consulting services to individual schools.

The need for this initiative was recognised during the COVID-19 pandemic, when many communities in the diaspora were struggling to cope with the closure of schools and the transition to virtual learning while facing a shortage of Jewish Studies teachers and high-quality curriculum resources.

The initiative will include the creation of connections and dialogue between Jewish school students, teachers, and principals around the world. The initiative is in partnership with Herzog College, Israel’s leading academic college for teacher education in the religious sector. It’s renowned for its expertise in teacher training, professional development, and designing innovative digital content.

Kacev made aliyah earlier this year. Speaking to the SA Jewish Report from Israel, he says “this new initiative, in response to the impact of the pandemic, has goals uniquely linked to what schools have experienced over the past year and a half. It also seeks to capitalise on the past for the benefit of Jewish schools in the future. The initiative seeks to make a difference in areas of leadership, teachers, and content, with a focus on enhancing Jewish learning.

“That said, it’s also intended to respond to current trends such as distance learning, social and emotional needs, project-based learning, and other areas where schools need support. Herzog College brings a team of high-level educators doing research and teaching in many spheres, and we hope to ensure that schools around the world benefit from this expertise. We don’t claim to know everything, nor do we intend to be an organisation that forces solutions on schools. This is intended to be a platform that provides support. Working with as many partners in the field, it aims to serve each school in its areas of need.”

Kacev says he took the role on “with much trepidation. The responsibility is substantial, and the pressure to bring an offering that adds value to as many Jewish schools as possible around the world isn’t to be underestimated.”

As director of pedagogy, he will be guiding the educational team on the approach and content that it will use in teacher education, content development, and student engagement opportunities.

“While we will start with a few offerings, this will grow rather quickly. There are many existing organisations developing content or offering services to the field. I hope to work with as many of these as possible to bring their expertise to a larger audience, and then have the Global Resource Centre bring its added offering to the field. We are also hoping to develop more cost-effective models for schools to access high-quality content.”

Kacev says he was drawn to the role because, “having dedicated myself to Jewish education for the past 25 years, this is where I wanted to remain. Now, I will be able to bring all that I learned along the way to Jewish schools across the globe. I have a sense of many of the common needs across the Jewish educational world, and I’m learning about the specific needs in each country. I believe that I bring a broad and deep understanding of Jewish education, together with the experience of working on a large scale. One quickly learns that if systems are developed correctly then even if the platform or organisation is huge, the customer feels that their needs are being met. We hope to achieve that on a substantial scale for schools and especially Jewish educators around the world.”

On the importance and uniqueness of this project, he says, “There are many providers in the field and many countries have umbrella organisations serving their Jewish schools. But there is no one organisation that is looking to provide a global address for all that’s available while developing meta-curricula, worldwide teacher networks, and looking to harness the substantial expertise in the field for the benefit of all. This is also an initiative that Israel is investing in, and will continue to invest in with substantial funds, together with philanthropists around the world interested in Jewish education.”

At a ceremony last week, Diaspora Affairs Minister Omer Yankelevich signed a 38 million shekel (R160 million) agreement with Herzog College to lead the two-year project.

So, how soon will the project reach Jewish schools in South Africa? “Whatever part of the offering goes live after the chaggim in October 2021 will be available to all Jewish schools around the world,” says Kacev. “Teachers will be able to find content, get assistance in finding specific content, join worldwide networks on many topics moderated by experts in their fields, and join the ongoing online courses. As the project develops, there will be specific initiatives together with Jewish schools in South Africa based on their needs and requests.”

Regarding the specific challenges facing South African Jewish schools that the project can assist with, Kacev says, “South Africa, like many other places could benefit from ongoing teacher education, opportunities for educational leaders to share with colleagues and learn from experts around the world, and high-quality curriculum content and materials. The extent to which the Jewish schools stand to benefit from the initiative will depend on their proactive use of the resource centre.

“That said, I have a special place in my heart for South Africa, and hope to ensure that they do benefit from all that the initiative offers. There will also be opportunities for schools to benefit from additional investment in our area of responsibility if there is partner funding from the community. We hope to find that sort of support over time, as has been the case in Europe and South America to date.”

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