My decision to disband the Knesset
Barnea says there's a gap between what our leaders say and what they do. I disagree
The legislative branch of government, reading reality and wanting to preserve democratic values, holds several alternatives for disbanding the Knesset and holding early elections.
One path is for the government to
initiate such a move, supported by the president. In my opinion, this is an extreme step and must only be employed when there is no other choice. In a democracy, the Knesset is supposed to elect and disband government, not the opposite.
In a letter dated November 22, Attorney General Menachem Mazuz told me, "There is nothing to prevent the president from consulting with the prime minister and other Knesset factions in order to formulate an opinion about whether the correct conditions exist (for disbanding the Knesset).
"I would add that there is apparently nothing stopping the president from trying to convince the prime minister or Knesset factions to consider other ways to deal with the current situation," he wrote.
Holding consultations
The previous day, Prime Minister Sharon asked me to agree to break up the Knesset, and I immediately began consultations with the Speaker of the House, heads of the large parliamentary factions, the attorney general and other people.
During these consultations, it became clear that all factions opposed the prime minister's request, and they began proceedings to legislate the disbanding of parliament.
Two days later, I announced my decision
to agree to Prime Minister Sharon's request to order the Knesset disbanded, after receiving the agreement of the Knesset itself.
Nahum Barnea, writing in last weekend's Yedioth Ahronoth weekend section, wrote that I "preferred" to wait a couple of extra days, thus causing tens of millions of shekels to be wasted. This is complete fiction.
111 days required
If I had agreed to break up the Knesset on November 21st, then by law elections would have been held on March 7, not on February 28, as Barnea writes. The law requires no less than 111 days from the day the order is registered into law, not from the day the dispersal order is signed, until Election Day.
March 7 is Memorial Day for fallen IDF soldiers whose burial place is unknown. A week later, on March 14, will be Purim. By law, the Knesset may decide (not via legislative process) to postpone elections for ten extra days if the prospective dates for elections fall on memorial days or religious holidays.
Even if I had agreed to the government's request to disband the Knesset on November 21, then, the earliest date for elections would have been March 21. The Knesset wanted to hold elections on March 28 – exactly one week later.
This difference did not justify a clash between the executive and legislative branches.
Interim period
It is true that I agreed to order the Knesset disbanded, because I wanted to allow the prime minister to conduct the affairs of state during the interim period with a minimum of disturbance. Mr. Sharon told me he faced a situation of heading a five-minister government responsible for administering more than 20 government ministries, including some of the most central and important ones.
I was convinced there was no justification for forcing the prime minister to conduct lengthy negotiations with Knesset factions to achieve the necessary parliamentary majority to approve new government ministers during the interim period, as some smaller party factions demanded.
Barnea writes as if there is a wide gap between the declarations of our leaders and their actions. This is not the case.
Moshe Katsav is the president of Israel
