The chairman of the Central Elections Committee, Judge Yitzhak Amit, today (Wednesday) rejected the request of the Movement for Quality Government to declare Shas Chairman Aryeh Deri in disgrace - which would prevent him from serving as a minister, but left open the possibility of preventing him from serving in a future capacity, in preparation for the formation of a government.
Judge Amit wrote: "Only at a stage where those involved in the profession are faced with the question of appointing a certain person to a ministerial position in the Israeli government, and that certain person should be considered a 'candidate to be a minister,' can a request be submitted in his case.".
Although the movement's request was rejected outright, Judge Amit notes that the request, which is "completely theoretical at this stage," will be relevant when the person who returns and contacts him on the issue is "only the Prime Minister or a Knesset member who has been tasked with forming the government.".
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Judge Amit wrote in Section 6 of his decision: "The Constitution established a kind of 'presumption of disgrace,' according to which a person who has been convicted and sentenced to imprisonment under the conditions set forth in the Basic Law will not be eligible to serve as a minister in the Israeli government, unless the Chairman of the Central Elections Committee determines that the offense for which that person was convicted does not constitute disgrace.".
The meaning: If whoever forms a government wants to appoint Deri as a minister, the chairman of the elections committee will have to make a decision that determines that the Shas chairman has no disgrace, in order to allow him to be appointed.
Although the judge rejected her request, the Movement for Quality Government is pleased: "An impressive decision by Judge Amit, who in effect adopted our position and determined that Deri is 'held by his disgrace.' If Deri wants to serve as minister, he or whoever seeks to form a government will be forced to submit an appropriate request to remove the disgrace. It is good that Amit clarified the legal situation for the benefit of the electorate, so that they know - a person convicted of crimes cannot serve as a minister in Israel.".
