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Mogoeng ruling a moment of reckoning

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When news broke on 4 March 2021 that the Judicial Conduct Committee (JCC) had directed Chief Justice Mogoeng Mogoeng to apologise unconditionally for statements he made about Israel, it felt for many like a moment of truth, whether they were supporters or detractors of the chief justice.

Mogoeng was taken to task for comments he made during a webinar in June 2020, and later at a prayer meeting when he doubled down and refused to apologise for what he had said.

Africa4Palestine, the Boycott, Divestment, Sanctions South Africa (BDS SA) coalition and the Women’s Cultural Group laid complaints against him, saying he had flouted rules regarding judicial ethics. The matter was adjudicated by Judge Phineas Mojapelo.

Amongst other points, the chief justice said in the webinar that, “We are denying ourselves the opportunity of being a game changer in the Israeli-Palestinian situation. The forgiveness that was displayed by President Mandela is an asset that we must use around the world.”

Mogoeng expressed support for Israel and the Palestinians, and said, “I’m under an obligation as a Christian to love Israel, to pray for the peace of Jerusalem.” He stressed that he was bound by the policy of the South African government, and didn’t reject it.

But in his judgement, Mojapelo said that Mogoeng had gone too far. “Whether we like it or not, the chief justice isn’t like any other citizen of South Africa. He is the head of the judiciary and is subject to the restraints of that office, including the ethical rules which govern the conduct of each and every single judge. He is subject to those restraints of his office in his official and private capacity,” he wrote.

“Members of the judiciary have a duty individually and collectively to publicly accept their own peer-review process and to strengthen its credibility. Instead, he showed his disregard for the process by flaunting the fact that he would never apologise for his conduct, even [in Mogoeng’s words] ‘if 50 million people marched for ten years’.”

Mojapelo provided the exact words of an apology and retraction that the chief justice must make by 14 March 2021. At the time of going to print, Mogoeng has remained silent.

A senior member of the legal profession in South Africa, speaking on condition of anonymity, said Mojapelo is a respected judge who wouldn’t make a biased ruling. The ruling, he said, was more about Mogoeng “straying into territory he shouldn’t” rather than what he said about Israel. However, he noted that another judge had strongly condemned Israel in the past and was never reprimanded, and “he should have been”.

But writing for Business Day, Milton Shain, emeritus professor of history at the University of Cape Town, noted among other points, “What seems to be drowned out is the vehemence with which his [the chief justice] words were greeted at the outset, as opposed to the relative silence around his comments on the COVID-19 vaccine, not to mention the unusual alacrity with which the JCC has acted on the matter. Should we be surprised? The chief justice deviated from the national script.

“While antagonism towards Israel cannot axiomatically be equated with antisemitism, it’s apparent that the discourse of anti-Zionism often goes beyond the bounds of normal political rhetoric and frequently betrays vulgar Jew-hatred. Israel alone is signalled out for obloquy, while the human-rights abuses of many other states are ignored. Mogoeng made this clear. In so doing, he crossed a red line.”

Meanwhile, Sara Gon, the head of strategic engagement at the Institute of Race Relations, said, “What Mogoeng said about Israel wasn’t particularly inflammatory, even though it seemingly contradicted government policy. He has said far worse in the past, and no complaints have been made.

“The moniker of Israel as an ‘apartheid’ state applied by the ANC [African National Congress] is at risk with Mogoeng’s utterances. This causes a problem because it questions the ANC’s position, yet the ANC supposedly holds that it’s available to act as an ‘honest’ broker in reaching peace. The ANC should have ignored it instead of bringing it up in parliament. Its failure to take action on previous misconduct means it’s an anti-Israel knee-jerk reaction.”

Gon doesn’t think the ruling breaches Mogoeng’s religious rights, and said his right to free speech is limited to the code of conduct. “Judges are required to be careful about their public statements. I suspect if he’d worded it more judicially, he could have got away with it. But he’s operating in a milieu where his words will be watched.

“It is, however, a question of seriousness and, other than offending certain groups, it hasn’t been a crisis anywhere near the crisis that has beset the judicial system by the failure of the JCC to get to grips with the matters against Judge [John] Hlope over more than a decade. The contrast is disgraceful.”

Rowan Polovin, the national chairperson of the South African Zionist Federation, said the organisation was concerned by the ruling for three reasons. “First, the original comments of the chief justice were legitimate, fair, and impartial. They gave full credence to both sides of the Israeli-Palestinian conflict. His comments were in line with South African foreign policy, and he took care to note that he is bound by South African government policy on the issue.

“Second, the effect of this ruling is to make balanced – let alone pro-Israel – positions politically controversial in this country. If the chief justice had expressed an anti-Israel position, he would have been applauded by those who instead seek to damage him. This falls in stark contrast to judges who have taken political positions or expressed an opinion on controversial matters but have never been questioned or sanctioned.

“Third, this leads to a form of ‘cancel culture’ in our country. If one is not blatantly anti-Israel, then one’s comments aren’t accepted in the political discourse. It leads to a chilling effect, where pro-Israel or even balanced opinions are silenced. The JCC in this matter may have handed the government a blank cheque to silence those with whom it disagrees through this ruling.”

Others saw the fight as just beginning, and boldly expressed their support. “The chief justice must never and will never apologise for praying for the peace of Jerusalem,” said South African Friends of Israel (SAFI) spokesperson and radio personality Bafana Modise. “If you expect an apology, forget about it. We serve the G-d of Israel. Israel is the homeland of Christianity. We will not be silenced by you. Chief Justice must not ever and will never, ever, apologise for praying for Israel. We will never apologise for praying for the G-d of Israel.”

SAFI and other Christian organisations have created a petition calling for “President Cyril Ramaphosa to publicly support [Mogoeng] and his right to speak out and express his Christian views to bless Israel and pray for the peace of Jerusalem.” At the time of writing, 114 600 people had signed it. One supporter wrote, “I’m signing because we still live in a country with free speech. Why can those opposing Israel speak out, but Christians that support Israel must be muted?”

African Christian Democratic Party leader Kenneth Meshoe, who founded the non-profit organisation Defend Embrace Invest (In) Support Israel (DEISI), said in response to the ruling, “The JCC’s finding … is very disturbing and unsettling. DEISI views this finding as a threat to the religious freedom of all South Africans, particularly members of the Judeo-Christian faith.”

Vivienne Myburgh, the national director of the South African Branch of the International Christian Embassy Jerusalem, said, “We fully support the right of [Mogoeng] to express his Christian convictions and support for peace in the holy land, and we denounce those who are mischievously misinterpreting his message towards their hateful agenda.

“His message has been one of love for all people caught up in the Israeli-Palestinian conflict. He should be applauded for his impartial and unprejudiced stance. This kind of calumny actually exacerbates divisions and increases religious and social tensions at home and in Israel. Any attempt to abrogate [his] constitutional freedom should cause all peace and freedom-loving South Africans to be most wary and alarmed.”

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1 Comment

  1. Shirley Modlin

    Mar 13, 2021 at 1:22 pm

    What is happening to this country is sad, when one can’t express
    a point of view . I’m proud of CHIEF JUSTICE MOGOENG MOGOENG for
    taking a stand.

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“Let my people in” – chief rabbi takes on travel ban

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South Africa’s chief rabbi, Dr Warren Goldstein, has taken on the Israeli government over its sudden blanket travel ban in light of the new variant discovered by South African scientists.

He has been interviewed in Hebrew across multiple national radio stations, TV stations, print media, and online media in Israel.

In a plea to Israeli leaders, he said that shutting the door on world Jewry was a mistake for a number of reasons.

Many South African Jews were turned back in transit between 25 and 26 November, and others are desperately trying to get there because of important family commitments. But the chief rabbi emphasises that “Israel is home to all Jews, especially in times of crisis, and a total closure signals a separation between Israeli and diaspora Jews. The new variant doesn’t distinguish between Jews who have Israeli citizenship and other Jews.”

To him, there are two issues at stake. “The first is the relationship between Israel and the South African Jewish community. Our relationship with Israel is very much part of our value system, and we are a very Zionist community. This is expressed in many different ways, for example, our aliyah numbers, which proportionately are really strong. It’s also expressed in the high percentage of our community who have visited Israel, the fact that so many of our youth study in Israel, and especially in how so many of us have family in Israel. The connection goes very deep.”

To be blocked from entering Israel is therefore “a real blow to the South African Jewish community – spiritually and emotionally”. This latest blanket ban comes after almost two years of very intermittent access to Israel, and the new extreme levels of restriction were a tipping point for him.

“I felt I needed to make my voice heard in Israeli society. This is why I went to the Hebrew media, so that this plea would be heard by society and decision makers. I wanted to send a message on behalf of our whole community.”

He says he has seen the pain of these restrictions reflected in many ways. For example, specific incidents, like a father not being able to attend his son’s Barmitzvah, and a general sense of loss and distance.

The other reason he has spoken out is “for the sake of Israel itself, and for all Jews. Is Israel an ordinary state, or a Jewish state?” he asks rhetorically. “This is a direct plea to the Israeli government and goes to the heart of Israel’s identity. Israel is the only Jewish state, and we are deeply connected to it. In light of that unbreakable bond, if the state says some Jews can’t enter, it’s drawing a divide between the state of Israel and communities across the diaspora. That partnership between diaspora Jewry and the state of Israel is crucial, and if you break that bond, it will hurt Israel and world Jewry.”

He isn’t asking Israel to jeopardise the health of its citizens. Rather, he’s asking that the same criteria be applied to Israeli citizens returning to Israel and Jews needing to visit. Israeli citizens who want to return are allowed to do so if they are fully vaccinated, do a PCR test, and go into quarantine.

“If you combine these three strict requirements, the Israeli authorities have deemed that the risk becomes negligible. If they are good enough for Israeli citizens, any Jew in the world should be allowed to enter on the same basis.”

Goldstein is speaking up now in particular because “vaccines have completely transformed the risk profile. We can see this in the current wave in South Africa.” He has written about it before, but not as extensively as now. “I’ve learnt that one needs to use multiple platforms and address Israeli society directly.”

He says the message has found “tremendous resonance with journalists. I haven’t spoken to one Israeli interviewer who wasn’t sympathetic. They have challenged me, and I have clarified that I’m not asking for more than what’s granted to Israeli citizens. There has been a lot of support and interest.”

He says the incident in which South African Jews were forced away from Israel on Friday 26 November and made to fly on Shabbat was “an absolute disgrace and totally unacceptable for any state, but for a Jewish state, was unthinkable and beyond the pale. This is especially considering the circumstances of two of these Jews going to comfort the Kay family, whose son gave his life for the state of Israel. At the very least, the Israeli government must apologise for this conduct and promise its citizens and Jews around the world that such a thing will never happen again.”

Finally, he says “vaccination is everything. It’s a blessing. Thank G-d for it. Take it with both hands: it is a big mitzvah to protect yourself and others.”

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World mourns Eli Kay, son of SA Jewry

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At the beginning of November, the Kay family celebrated the happiest of simchas in Israel – the wedding of Avi and Devorah Kay’s eldest son. Three weeks later, they again gathered in the Jewish homeland, but this time for the darkest of tragedies: the funeral of the Kays’ second eldest son, Eliyahu (Eli), who was murdered by a Hamas terrorist in Jerusalem on Sunday, 21 November 2021.

A South African oleh who was building a beautiful life in Israel, 25-year-old Kay was shot dead by a Palestinian gunman in Old City, near the Kotel. Four others were hurt. Horrific images of blood being washed from the Jerusalem stones were seen online after the attack.

The Jewish world is now mourning the senseless loss of a soul who embodied the best of the South African Jewish community and its commitment to Judaism and Israel. Indeed, that deep love of his faith, history, and identity was what brought Kay to the Kotel on Sunday. He was living his purpose but was killed for being a Jew.

An ardent Zionist, he made aliyah from South Africa without his family in 2016. His parents and siblings later joined him, with his parents leaving South Africa last December amidst tough COVID-19 restrictions. They settled in Modi’in. Avi’s parents, Cliffy and Jessie, remain in Johannesburg, while Devorah’s parents Rabbi Shlomo and Rebbetzin Lynndy Levin of South Hampstead Synagogue, live in London. The tragedy of grandparents burying a grandchild is unfathomable.

The family are pillars of the Johannesburg Jewish community, and played a vital role in building Torah Academy over generations. Both parents, as well as their four children, were alumni of the school. In its statement, the school pointed out that Kay was killed while holding his tefillin and a Likutei Sichos [The ‘Collected Talks’ containing the teachings of the Lubavitcher Rebbe] – devoted until the very end to his Judaism.

He accomplished much in his short life. After arriving in Israel, he studied at a Chabad yeshiva in Kiryat Gat in the south of Israel, and then enlisted in the army. “He was a squad commander in the paratroopers, which is a big deal for a lone soldier in my view,” says Ron Feingold, who served with him. “He volunteered for the IDF [Israel Defense Forces] and then excelled enough to lead people in it. I will never forget our conversations about the duty that we felt to our people.”

After completing his military service, he volunteered at the Nirim kibbutz for a year in the Eshkol region of Israel. Writing on Facebook, Shira Silkoff recalled meeting him when she arrived on kibbutz.

“The first time I met you [Eli], you were walking in one direction and I was walking the other. I was shy, unsure of how to go about meeting people who already all seemed to be friends. But we spoke for a few minutes, on that kibbutz path, with you holding a tub of slowly melting ice cream. Because that was you. You had time for everyone. No news report can capture your spirit. Your smile. Your passion for life, your ability to hold deep conversations at absurd hours, and absurd conversations at any hour. None of the news reports can capture your enthusiasm, your determination to achieve everything you set out to do.”

Kay then began working at the Kotel as a guide at the Western Wall Plaza. Some reported that he was murdered on his way to pray, others that it was on his way to work. But for Kay, these tasks were intricately connected. At the end of the day, he was there because he loved Israel and the Jewish people. According to The Western Wall Heritage Foundation, Kay “warmly greet[ed] everyone he met, doing his sacred work”.

Hearing the news was one of the most difficult moments for members of the South African Jewish community. “I was broken, gutted,” says Rabbi Levi Avtzon, who taught Kay when he was a teen. “Eli was quite a character: he was feisty and demanded a lot of himself and others. He didn’t have time for nonsense. He was a great guitar player and a natural leader. He was a searcher, looking for the truth. And when he saw the truth, he would go all the way in following it.”

Avtzon says these values came from the incredible upbringing he received from his parents. He describes Avi as “a gentle soul” and “an incredible financial advisor”, who continues to do this work in South Africa even though he now lives in Israel. “Until they left for Israel, Devorah was the life and soul of Torah Academy Girls High – loved by everyone and really dynamic.” The family’s door was always open. For example, they graciously hosted Avtzon’s parents when they visited him after he first moved to South Africa as his flat was too small.

Contemplating what Kay’s future would have looked like had his life not been stolen so senselessly, Avtzon says, “No matter what he would have done, he would have done it well. We need to take pride that this is the kind of mensch that our community raises.”

Kay’s cousin, Eli Landes, wrote on Facebook how he remembered “dancing with you [Eli], laughing with you, learning to play ‘mouth trumpet’ with you, studying with you, making up fake British sentences with you, talking about life with you. In life, you defended us. Guarded us. And now, I have no doubt you stand at G-d’s right hand, continuing to fight for us and protect us.”

Kay’s fiancé, Jen Schiff, said, “I felt it was important to share how much Eli loved this country, and how he came here by himself, and fought for this country. He always treated everyone with love and respect. And I know that when this happened, he didn’t feel alone.”

The outpouring of grief and support came from the very top of Israeli society as well as from around the globe. Prime Minister Naftali Bennett, former Prime Minister Benjamin Netanyahu, Foreign Affairs Minister Yair Lapid and other Israeli leaders expressed condolences. Minister of diaspora affairs, Nachman Shai, personally wrote to the South African Jewish community, saying, “My heart breaks with yours. [Eli] was a son of both of our communities … Eli represented the best of the Zionist spirit nurtured in Johannesburg.”

Shai represented the Israeli government at the funeral, which took place at Har Menuchot cemetery in Jerusalem. Thousands of people from all walks of life attended in person, and almost 2 600 people (mostly from South Africa) watched on YouTube. There, Shai described him as “the paratrooper, the yeshiva student, warrior … the best of the best”.

Kay “would have been a great husband and father”, said an emotional Rabbi Motti Hadar, the principal of Torah Academy Boys High School, contemplating the brightest of futures cut short. “That is the hugest tragedy. And while his time came too soon, I think there is almost no other way he would have chosen to go than literally sacrificing his life for what he believed in, which was Israel, his Judaism, and living life to the fullest.”

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Miss SA future uncertain as Israel hatred boils

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It’s touch and go whether Miss South Africa will get on a plane to Israel to compete in the Miss Universe pageant next month, after a week of high drama in which the South African government bizarrely withdrew its support for the young university graduate.

The government had the anti-Israel lobby licking its lips at the prospect of her dreams being crushed. This lobby was determined that Lalela Mswane would never compete on an international stage in the coastal town of Eilat.

There are many who want her to go to Israel and represent her country, learn, engage, and prosper and there are those – a bunch of Israel haters – who are pulling out every stop to prevent it.

So far, the 24-year-old KwaZulu-Natal beauty has stood her ground. She is due to meet about 70 of her counterparts from all over the world – including the Arab world – in the Holy Land in a few weeks’ time.

Just how long she, the private Miss South Africa Organisation, and its chief executive, Stephanie Weil, can withstand the heat created by the small but predatory anti-Israel lobby is anyone’s guess.

At the time of going to press the odds were stacked against them in a fast moving developing story that has everyone guessing.

“It’s a rollercoaster ride,” said one insider.

Behind the scenes, a myriad of supporters have rallied around the young beauty queen, desperate to help her as critics stop at nothing to prevent her from representing her country at the Olympic Games of beauty pageants.

“It’s precarious, complicated,” offered another.

There has been more time and space allocated to this issue in the media than FW de Klerk’s death and his funeral arrangements, hung local councils, and coalition talks. Never mind the country’s dire electricity crisis, abysmal unemployment rate, water cuts, and critical crime levels. Social media has been lit with those fiercely in favour and those vehemently against Mswane attending the pageant.

It appears from thousands of social-media posts that many more are in favour of her fulfilling her dreams and wish her well than not.

The drama started with a statement issued on Sunday, 15 November, by the department of sports, art, and culture announcing that it would no longer support the pageant because of Miss SA organiser’s “intransigence and disregard” of advice against sending Miss SA to Israel, which it said would have a negative impact on her reputation and future.

The ministry, headed by Nathi Mthethwa, has come under fire for its lack of compassion for struggling artists during COVID-19 and the minister’s general ineffectiveness together with his department’s mismanagement of funds.

The African National Congress (ANC) made its views clear by backing and welcoming the government’s decision to withdraw support for Mswane.

The Democratic Alliance’s deputy shadow minister of sports, art, and culture, Veronica van Dyk, told the SA Jewish Report, “Miss SA is a private company, and as such must deal with the government as it sees fit. We don’t intend to be drawn into a fight between the two. A beauty pageant should never be politicised, and this is exactly what the ANC is trying to achieve. We should be weary not to fall into their trap.”

Department of international relations and cooperation (Dirco) spokesperson, Clayson Monyela, said this week that in spite of all of the anti-Israel rhetoric, South Africa had “no intention of suspending any diplomatic relationships with Israel”.

He told The Citizen, and later repeated to the SA Jewish Report that Mthethwa’s announcement reflected the government’s stance on the matter falling under his portfolio, “but didn’t indicate any intentions of cutting ties with Israel”.

“We have diplomatic relations with both Israel and Palestine. What has happened with Miss South Africa cannot be anywhere close to cutting diplomatic ties. We can’t do that because if we do that, it means we can’t engage with Israel so are excluding ourselves from being part of the solution to the conflict, because if you cut ties with a country, it doesn’t have to engage with you,” said Monyela.

However Miss SA’s future hangs in the balance, as negotiations behind the scenes continue ad nauseam.

Zev Krengel, the national vice-president of the South African Jewish Board of Deputies, lambasted the anti-Israel lobby for its bullying and intimidatory tactics, and said Miss SA was being used as a political scapegoat.

“Miss SA is a young woman, she is an easy target,” he said.

South Africa, he said, participated in various team sports, namely baseball, tennis, and soccer, against Israel, and where was the outrage?

Speculation has it that the signing of the Abraham Accords could eventually lead to Israel co-hosting the 2030 FIFA World Cup with its Arab neighbours.

“Do you see South Africa pulling Bafana Bafana out? No, this is pure bullying of a young woman, it’s outrageous,” he said.

He said he was bitterly disappointed in the government for withdrawing its support of Miss SA saying it was “on the wrong side of history, and while the rest of the world opens up and benefits from relations with Israel, including several Arab nations, South Africa is determined to remain on the sidelines of progress”.

People from all over have weighed in on the controversy.

The former Israeli ambassador to South Africa, Arthur Lenk, tweeted, “Wait, wait! Governments offer no support for this non-governmental contest. And the SA government made no decision whatsoever. A single ministry stated a viewpoint. Where is the story here other than the hateful noise the anti-Israel lobby is peddling?”

Author Khaya Dlanga took to Instagram saying that the government had “crossed the line” by withdrawing its support for Mswane, and had thrown her under the bus.

“They have put a young woman in an impossible position,” he said. “This government hasn’t imposed sanctions against Israel or travel restrictions. Instead, it’s grandstanding on the shoulders of a young girl. Why throw her under the bus when it hasn’t made meaningful commitments? Let her go.”

The South African Zionist Federation (SAZF) said it was “appalled” that the government was “self-sabotaging” the country’s hopes and chances of participating and shining in Miss Universe just because it happened to take place in Israel.

“Our country is simply signalling its isolationism and irrelevance on the world stage,” it said.

The government had been silent on serious human-rights abuses occurring in many other countries where South Africa participates in sports and contests but “self-righteously reserves its opprobrium for the world’s only Jewish state”, the SAZF said.

“If our country were interested in bringing peace to the Middle East or carrying any moral weight in playing a mediatory role between Israel and the Palestinians, we have now ensured that our one-sidedness and unilateralism will prevent us from doing so,” the organisation said.

Meanwhile, the Miss South Africa Organisation broke its social-media silence this week with an Instagram post about Miss SA 2020, Shudufhadzo Musida’s, participation at Miss World in Puerto Rico on 16 December.

While Miss SA seemingly had the world at her feet just weeks ago, it remains to be seen if she will participate in Miss Universe.

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