Questions of a discriminatory and anti-Constitutional nature were asked of two Jewish Judicial candidates at the Judicial Service Commission (JSC) interviews prior to Freedom Day. Advocate Lawrence Lever and Judge David Unterhalter were subjected to questions pertaining to their Jewish identity while no other candidates were subjected to offensive religious scrutiny.
Advocate Lever was asked about his level of religious observance, specifically whether he observes the Jewish Sabbath. It was made clear to the candidate by the JSC panellist that observance of the Sabbath would be problematic for his appointment. This overtly prejudicial statement runs contrary to the basic constitutional principles in our country of protecting our citizen’s rights to practice their religion without fear or discrimination. Religious freedom has always been a cornerstone of our democracy. It should also be noted that no other candidate was questioned on their religious practices, except those of the Jewish faith. Christian candidates were not asked about working on Christmas, nor were Muslim candidates asked about working on Friday afternoons or Eid. It is appalling to think that the JSC, which is mandated to recommend judges to the highest courts, would countenance one of their panellists asking a question that is so problematic in terms of religious rights and so obviously discriminatory.
It is also extremely disturbing that questions posed to both Advocate Lever and Judge Unterhalter, focused extensively on their possible association with the South African Jewish Board of Deputies (SAJBD). Nearly all Jews in South Africa have some association with the SAJBD, be it through our affiliate organisations, which include schools, synagogues, youth organisations, women organisations and others. This is because the SAJBD is the representative democratically elected body of SA Jewry (regardless of their political or religious affiliation) with a mandate to protect the civil and religious rights of the community, and fight against antisemitism. One wonders why a body mandated with the objective of protecting constitutionally sound principles of religious freedom and fighting hate would be so objectionable to members of the JSC panel? It is an anathema that it would be problematic for a potential juror to be associated with a body that upholds the values of our constitution in protecting a minority community against hatred and discrimination. Ironically in doing so, it is members of the JSC that our community should now be concerned about. Our constitution clearly states in Section 31 (i) b that “persons belonging to a cultural religious or linguistic community may not be denied the rights, with other members of the community to form join and maintain cultural, religious and linguistic associations and other organs of civil society”. Yet Jewish Judges appear to be denied that same right.
Equally concerning were questions posed to the two Jewish candidates regarding the Palestinian-Israeli conflict. Both were questioned on their views and stance on the Two State Solution. It is difficult to understand how a conflict of this nature has intruded into this forum. No Muslim candidates were likewise questioned on the Palestinian- Israeli issue. Yet both Jewish candidates were the only ones quizzed on international disputes.
Our country’s Freedom Charter as well as in the preamble to our constitution it clearly states, “South Africa belongs to all who live in it, united in our diversity”. From the questions asked at the JSC interviews this month to Jewish candidates, one would question whether this applies equally to members of the Jewish community or whether those bent on pursuing an antisemitic agenda are beginning to unduly influence key decision making bodies.
Twenty seven years ago we heralded in our constitutional democracy. Tomorrow, as we celebrate Freedom Day, we call on all South Africans to stand up and protect these constitutional values and reject all forms of discrimination.
Issued on 26 April 2021
By Wendy Kahn, National Director, SAJBD