Justices of High Court have decided to end the term of office
of Karta
company director Ephraim Holtzberg. The decision was reached
on erev
Pesach despite recommendations from government officials
to continue
his term in office.
Justices Procaccia, Theodore Or and Yitzhak Zamir terminated
Holtzberg's
appointment following three years of service and also fined
him NIS
10,000. The appeal to terminate his position was filed by the
Elrov
Company, owned by contractor Alfred Akirov, who is building
the Mamilla
compound.
There has been a long dispute between Akirov and Holtzberg.
Akirov's
company is developing the multimillion-dollar Mamilla project
opposite
the Old City in Jerusalem. As a Jerusalem city-owned
corporation,
Karta is responsible to oversee development projects. In the
middle
of the work, Akirov asked that two areas originally
designated as
open pedestrian malls be rezoned to allow him to build two
movie theaters.
Holtzberg and the Karta board ruled argued that the zoning
should
not be changed and, in any case, if the change is made Akirov
should
have to pay for the substantial increase in value.
Though Holtzberg and the Karta directors insisted that the
issues
were the interests of the community in zoning changes and the
money
involved, Akirov never addressed those matters in the public
debate
and instead turned it into a matter of religion, declaiming
that Holtzberg
is opposed to movie theaters because of his principles.
Holtzberg
argued that Akirov was offering the city $100,000 for a $15
million
increase in value.
After conducting a long and nasty public campaign to put
pressure
on the Karta board, including empty threats to withdraw from
the project,
Akirov finally sued in the High Court. Consistent with its
anti-religious
record, the Court found in Akirov's favor.
Letters in favor of Holtzberg had been presented to the High
Court
by a number of leading figures, among them Housing Minister
Yitzhak
Levi who recommended that Holtzberg retain his position. A
letter
was also presented by Attorney Professor Yosef Gross stating
that
Holtzberg had amassed invaluable experience during his term
of office
and had made impressive achievements on behalf of the
company.
Professor Gross' letter was sent to the deputy director of
the Authority
of Governmental Companies. Gross also wrote that an appointee
who
has been approved by the Committee for Qualifications of
Senior Public
Officials does not have to be approved each time his term of
office
is due to elapse, which was the issue in this case.
The State Prosecutor did not accept the Holtzberg's claim in
the High
Court, even though it was based on the opinion of Professor
Gross.
When Holtzberg's attorney, Renato Yarak, claimed that the
Housing
Minister approved the extension of the appointment for two
more years,
Akirov's attorney replied: "The Prime Minister told us that
he
would never approve Holtzberg's appointment."
The judges, it should be noted, did not respond to that
acerbic and
substantively irrelevant comment, something which supports
Holtzberg's
claim that Akirov managed to persuade even the Prime Minster
not to
extend Holtzberg's appointment. The judges also refused a
request
by Karta's attorney, Yoram Bar-Sela, not to disqualify
Holtzberg immediately
so that the company would not be left without any general
director.
Currently, Holtzberg's appointment has been frozen by High
Court order.
This is the first time ever that the High Court has issued
orders
to terminate a public position at once, without enabling its
holder
to continue in office at least until a substitute is found.
However,
even if the Committee for the Examination of Public
Appointments extends
Holtzberg's term of office by an additional month, its
decision will
take effect only if the Prime Minister signs the
appointment.
