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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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Mogoeng comes out swinging against apology ruling

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Chief Justice Mogoeng Mogoeng came out swinging in his appeal against Judge Phineas Mojapelo’s judgment ordering him to apologise for comments made about Israel.

Mogoeng criticised Mojapelo at every turn, describing his reasoning as “flawed and disturbingly superficial”. He said “the learned judge failed to deal with the constitutional right to freedom of expression and freedom of belief, thought, and opinion”.

In his 38-page appeal submitted to the Judicial Service Commission on 2 April 2021, Mogoeng reiterated why he had the right to express his support for both Israel and the Palestinians during a webinar hosted by the Jerusalem Post last year.

His appeal was in response to the Judicial Conduct Committee’s ruling on 4 March 2021 that he had 10 days to apologise for comments he made about Israel in the webinar. At the time, he said South Africa had a role to play in resolving the Israeli-Palestinian conflict, that he supported both peoples, and as a Christian, he had an obligation to pray for the peace of Jerusalem.

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

One of Mogoeng’s most pertinent points was that “several precautions need to be sounded to avoid the trap that His Lordship Mr Justice Mojapelo unreflectingly allowed himself to fall into”. According to the chief justice, this includes the fact that “it’s necessary to distinguish between official government policy and the policies of lobby groups and non-government organisations. And it’s necessary for decision-maker[s] to tell the difference between politics and policy, which his lordship failed to do.”

He also insisted that the judge’s “insinuation that I was possibly involved in some conspiracy with the Israeli government and ‘timed’ the webinar in such a way to undermine international law or United Nations conventions/resolutions … is a material misdirection”.

Mogoeng said there was no difference between what he said and the South African government’s approach to the Israel-Palestinian conflict. “After a thorough search, I vouch for the fact that there is no official policy of the South African government that contradicts any part of what I actually said. Even the two agreements signed by President Mandela and President Mbeki with Israel don’t contradict anything I have said. I was therefore found guilty of five complaints or counts of misconduct that turn on a non-existent official policy of the South African government towards Israel.”

He emphasised that “the supremacy of the constitution and the entitlement of all citizens, including judges and magistrates, to enjoy fundamental rights cannot be wished away. Where these rights are limited by legislation or the code, a proper explanation is called for. Judges have the constitutional right to freedom of expression, association, and religion, belief, thought, and opinion. As is the case with other citizens, these rights may be limited. But the limitations must, broadly speaking, be reasonable and justifiable. They cannot be arbitrary or whimsical.”

He went on to describe how other judges had waded into political waters, including Mojapelo himself. He also described how “my brother Dennis Davis hosted speakers, including politicians, on his then Judge for Yourself eNCA television programme about the Israeli-Palestinian political situation and a range of political controversies to which leaders of political parties were invited and participated. He was exercising his constitutional right to free expression although different views might be expressed about being a regular anchor or host of a TV programme.”

Mogoeng described how other judges had involved themselves in political controversies in Fiji, Zimbabwe, and Lesotho, “And my dear brother Cameron J [Justice Edwin Cameron] essentially said what I said on the Israeli-Palestinian situation, the real difference being, unlike me, he didn’t rely on the Bible.” Yet, none of these men were hauled over the coals for their comments or actions.

A senior member of the legal profession, speaking on condition of anonymity, said, “The grounds of appeal make some sharp points against a senior retired and respected judge. It’s most unfortunate for judges to have such a public and divisive difference – both judges firing heavy ammunition at each other as to how the other has misconstrued the law. It doesn’t do much for confidence in the law and judiciary by the public generally.” He pointed out, however, that the chief justice “makes some powerful points, which need to be taken seriously”.

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Tony Leon shrugs off attack from anti-Israel lobby

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It has been a busy time for Tony Leon, the erstwhile leader of the Democratic Alliance (DA), but one he takes in his stride.

Leon has faced a barrage of criticism from numerous quarters for his recent pro-Israel comments, and for saying in a News24 interview that former DA leader Mmusi Maimane was “an experiment that went wrong”.

The two aren’t related but coincide with the release of his fifth book, Future Tense: Reflections on My Troubled Land.

The outspoken and bold politician-turned-diplomat-turned-communications specialist caused waves among the anti-Israel lobby with his recent controversial views on South Africa’s foreign policy – or lack thereof – and its anti-Israel fixation.

In an opinion piece in the Sunday Times on 28 March titled: “Israel a handy alibi for SA’s poor foreign policy”, Leon berates the government’s numerous dubious foreign policy decisions, notably its silence on serious global issues compared to its vocal condemnation and criticism of the state of Israel.

This “fervour” of anti-Israel sentiment, he said, was “infectious” noting the “swift condemnation” by the Judicial Services Commission (JSC) of Chief Justice Mogoeng Mogoeng for his pro-Israel comments in a webinar held in June last year.

Leon said the speed it took for the Judicial Conduct Committee (of the JSC) to find Mogoeng guilty of contravening articles of the code of judicial conduct and ordering him to apologise was “breathtaking”, pointing out how other judges’ cases have taken years. He accused the JSC of being “hypocritical, lax, and dilatory in its core tasks”.

Leon lauded Israeli Prime Minister Benjamin Netanyahu’s vaccination programme, which has resulted in 70% of the country being vaccinated, leading the world in this regard.

In his piece he said, “To the extent that South Africa has a foreign policy at all, beyond a series of outdated impulses and struggle-retro gestures, Israel is the one place where President Cyril Ramaphosa, International Relations Minister Naledi Pandor, and Pretoria’s paladins can shine their human-rights credentials.”

He cited examples of some of the government’s regretful decisions, including “Silence on the slaughter in Syria; assent to concentration camps for China’s Uighurs; no entry here for His Highness the Dalai Lama; no censure for Russia’s illegal annexation of Crimea; and heralding stolen elections across the continent from Congo to Uganda,” and added that “at least Israel and its violations of the rights of Palestinians provides a handy alibi and a lonely exception to our generous support everywhere else in the world for ‘tyrannical leaders hated by their own populations’”.

Leon’s comments have elicited a seething-mad reaction from the anti-Israel chamber, which responded a week later in a burst of opinion pieces and letters in the Sunday paper.

One opined that Leon’s criticism of the country’s foreign policy and judiciary was “an attempt to defend Israel and its supporters in South Africa”. The writer said Leon used the “well-worn pro-Israeli tactic of ‘whataboutery’, deflecting attention from Israel’s treatment of the Palestinians. Another accused him of resorting to a “misleading narrative of virtue and victimhood”.

Leon this week shrugged off the attacks, telling the SA Jewish Report, “My view on the selectivity and myopia of current South African foreign policy is well founded and impeccably documented, as is the success of Israel vaccine rollout, whatever Netanyahu’s motives for it might have been. I hardly expected my view to go unchallenged, and I have no problem at all with the voluble and inevitable expression of a contrary view as contained in Sunday Times last week”.

Leon is executive chair of Resolve Communications, an advocacy company for reputational management and strategic communication. He is married to an Israeli woman, Michal.

The attacks on Leon come as no surprise to political commentator Daniel Silke, who said the African National Congress (ANC) and members of the anti-Israel lobby weren’t ready to take a giant leap into a more balanced environment regarding Israel.

“Israel is a useful rallying cry for the ruling party, which continues to beat Israel instead of having to confront tough foreign policy and global issues. This is a comfortable foreign policy angle for the ANC to employ, and plays into the old anger of Israel co-operating with the apartheid regime.”

Silke said it showed how the BDS (Boycott, Divestment, Sanctions movement) had largely influenced and infiltrated the higher echelons of foreign policy in South Africa.

“South Africa is increasingly out of touch with the changing dynamics vis a vis Israel’s relationship with not only Gulf states but also a number of African countries. South Africa is becoming an outlier in terms of its blanket condemnation of Israel. She is isolated on the continent as far as Israel is concerned, and she will have to live with the consequences.”

He said the anti-Israel lobby faced “a crisis of credibility” by continuing to propagate a particular message that was no longer the consensus in the Middle East.

“The broader macro issues of how to deal with the Abraham Accords has made life difficult for an organisation like BDS. It’s undermined by the broader diplomatic events taking place. These developments are making it difficult for the anti-Israel lobby to continue to lambast Israel when any number of Arab nations have decided to take a more co-operative stance with Jerusalem. In future, it will either have to take a more radical line which will totally exclude it from the changes, or [engage in] a more pragmatic, constructive engagement with Israel.”

Meanwhile One South Africa Movement leader Maimane hit back at Leon for telling News24 at the weekend that he was “an experiment that went wrong”, calling the statement dehumanising.

In an interview with Newzroom Afrika, Leon said the statement was made in an interview with News24 about his book, where he said “Mmusi was an experiment that went wrong as he had never committed to the party’s ideals before he joined it.”

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Albie Sachs on the handshake that shook him

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Justice Albie Sachs felt a real sense of liberation after encountering the man who orchestrated the car bombing in which he lost an arm and the sight in one eye.

Sachs told the Temple Israel Passover Freedom online event last week that his “heart [was] beating very, very fast” when apartheid soldier Henry van der Westhuizen asked to see him for the first time.

At the time, in 1996, Sachs was serving as a judge at the Constitutional Court, and the man called at reception, Sachs told the audience of the Hillbrow-based shul’s talk.

“I open the security gate, and there is this man, tall and thin like me, although younger. He is looking at me, and I’m looking at him. In his eyes, I can see [reflecting] this is the man I tried to kill and, in my eyes, you can see [reflecting] this is the man who tried to kill me. We didn’t know each other; we hadn’t fought [personally]. He was just on that side, I was on this side, and he tried to kill me.”

The men spoke extensively during a meeting in his chambers, with Van der Westhuizen boasting about his own educational success and then rise in the ranks of the army “as if he wanted a pat on the back for that”.

At the end of the meeting, Sachs told Van der Westhuizen, “Henry, normally, when I say goodbye to somebody. I shake that person’s hand, but I can’t shake your hand. Go to the Truth and Reconciliation Commission (TRC) and tell them what you know. Maybe we’ll meet one day.”

Although Van der Westhuizen jauntily strode in, he “shuffled” out.

Sachs said he forgot about the incident until sometime later when he was attending a party in Johannesburg. He heard someone calling his name, and it was Van der Westhuizen. Again, he asked to speak to Sachs.

“We went into a corner so I could hear him over the music, and he said, ‘I spoke to the TRC and I told them everything I know’. I put out my hand, and I shook his. I almost fainted. He went away beaming.

“I heard afterwards that he suddenly left the party and he went home and cried for two weeks. I don’t know if it’s true. I want to leave it as a possibility.

“For me it was more important that this former killer … can now cry because of what he did. It was liberating.

“I wanted him to enter into the new South Africa and accept [new] norms and standards. The door would be open for him now to tell the truth and become a more dignified human being, and he walked through that door.”

Sachs went on to speak about the plight of refugees, speaking of his own experience in exile in England. He described how he was first “a psychological wreck” when he went there after being tortured in prison, and then after the car bombing, he was there as a “physical wreck”.

From the British nurses who cared for him, literally picking the shrapnel out his chest, he learnt that refugees need more help than just safety and survival. “The nurses, washing my body, that laying on of hands, gave me a sense of connection with England I never had before. It was a kind of organised love.”

Sachs said this is what we as South Africans need to offer those seeking solace in fleeing their homes.

He told the audience that he had been reflecting recently on his Jewish identity and what it meant to be “a good Jew”.

Two events made him contemplate the topic.

First, he always remembered how the late Chief Rabbi Cyril Harris had spoken at former anti-apartheid activist Joe Slovo’s funeral. “At the funeral, he said Joe was a good Jew. Now that surprised me: the head of the Orthodox rabbinate is calling Joe a good Jew. It was on ethical grounds.”

The second incident was when he was visiting England at a time when there was a legal challenge to a Jewish school that had excluded the child of a converted woman. The court was asked to establish if this was in contravention of race-discrimination laws.

Then chief justice of England, Nick Phillips, asserted that he suddenly found himself in the position of having to “decide who is a Jew”.

Sachs remembers a member of the country’s Jewish Board of Deputies being called as a witness, and asserting that there were three criteria to being Jewish: to have a mezuzah; to contribute to Jewish charities; and to go to shul for at least the high holy days.

“Joe didn’t do these things – and I’ll be exactly the same. So I don’t know.”

Sachs said what was very pronounced for him was a “horror of antisemitism”.

He recalled visiting Bulgaria on holiday in 1968, and coming across two synagogues which had been hoarded by Nazis with looted memorabilia from other synagogues all over Europe as part of Hitler’s plans to build a monument to an extinct race.

“I went back to the apartment, and wept,” he said.

Others questioned why he was overwrought, saying, everyone found it horrific. “I wept and said it was a decimation of my family, my aunties and uncles whom I had never known. It’s something, in that sense, visceral for me, and very profound.”

He said his connection was in terms of Jewish experience, rather than doctrine. “It might be something to do with our grandparents living in the shtetls. The only book they would have had would be the Torah; the only school would be the cheder. [It showed] that ideas mattered.

“For those of us who were activists, ideas mattered, not just compassion, but ideas and a kind of rationality connected with justice. If that’s part of the Jewish experience, then I’m imbued with that aspect.

“I’m a proud Jew and I’m proudly secular. I don’t know what the connection is. It’s between opposites.”

He has always been certain about one thing: “My auntie Rosie’s taiglach that she made every Rosh Hashanah in a big round tin. She made the best taiglach in Cape Town!”

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