Court rejects demand to dismiss Hangebi

High Court of Justice rules minister will be able to remain in office as long as he is not indicted; 'acting PM's decision not to fire Hanegbi will be judged by public as part of elections,' judges say

Tal Rosner|Published: 03.06.06 , 10:28

Minister Tzachi Hanegbi will be able to remain in office, although he is facing an indictment over political appointment, the High Court of Justice ruled Monday morning, rejecting a petition filed by the Movement for Quality Government in Israel.

The three justices unanimously ruled that as long as the minister has not faced and has not been indicted, Acting Prime Minister Ehud Olmert is not obligated to fire him.

"Minister Hanegbi is serving in an interim government, the days of which are numbered," the justices said. "The elections are coming and Minister Hanegbi's service will end by itself."

"This is a politically-sensitive time, and therefore the court must act in restraint and moderation. The acting prime minister's decision not to dismiss Hanegbi will be judged by the public as part of the elections," they said.

The court also criticized Attorney General Menachem Mazuz, who announced his decision to indict Hanegbi before holding a hearing.

"It would be appropriate to consider the possibility of bringing forward the date of the hearing or refraining in the future from announcing the plan to submit an indictment before a hearing and subject to a hearing," the judges said.

'Public will judge' (Photo: Gil Yohanan)

In a court hearing held last week, the judges already expressed their unwillingness to accept the petition before Hanegbi faces a hearing, which will take place in three months.

"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: Hanegbi should resign on his own accord

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.