Hanegbi. Not obligated to resign
צילום: גיל יוחנן
High Court: Let public judge Hanegbi
Movement for Quality government petitions court, demands Kadima minister facing indictment be fired; Judges: Elections are coming, let public decide
Should a minister be dismissed for facing an indictment? The High Court on Justice rejected Sunday a petition by the Movement for Quality Government, which asked that Acting Prime Minister Ehud Olmert be ordered to fire Minister Tzachi Hanegbi, who is facing an indictment over improper appointments.
The State's representative informed the High Court that the final draft of the indictment will be formulated by the State Prosecutor by week's end. The judges, meanwhile, signaled they do not wish to get involved in the affair and would prefer Attorney General Menachem Mazuz deal with the question.
The judges said there was no reason to order Hanegbi be fired before he faces a hearing, which is scheduled in about three months, after the upcoming elections. Instead, the public will be able to judge Hanegbi at the polls, the judges added.
"The public can come and say: 'with all due respect to the attorney general, which has not yet made a final decision, we decide,'" the court ruled.
"Why should we the judges precede the public on this matter? In three weeks, the public will express its views," Justice Eliezer Rivlin commented.
Mazuz: No legal obligation to fire Hanegbi
The Hanegbi affair, which involves improper political appointments at the Environment Ministry, was exposed by previous State Comptroller Eliezer Goldberg. Following an investigation, Attorney General Mazuz decided to indict Hanegbi pending a hearing.
Mazuz informed the High Court ahead of Sunday's debate that as long as a final decision has not been made regarding an indictment, there is no legal obligation to dismiss Hanegbi at this point. However, Mazuz said it would be proper for Hanegbi to assume personal responsibility and resign on his own accord
