Tribute to a man of law, of reason and of community

By David E. Kaplan

(Courtesy to the Jerusalem Report where a shorter version of the tribute was first published)

“Dialogue,” is the word that I closely associate with the late ‘Judge’ Henry Shakenovsky of Ramat HaSharon, Israel who on the 8 August at the age of 95, left this troubled world a poorer place devoid of his off-the-cuff humour and wise ‘counsel’. “Resolution is best achieved by listening and understanding the other side,” he publicly expressed at a meeting well over two decades ago when I first got to know him. It’s a credence that Henry always adhered to both in public and private discourse and followed through by example. He impacted many to follow this path, myself included.

Apexed with a wad of white hair, he would like a lighthouse, illuminate any place by his presence but it was much more his personality and erudition than his appearance that would hold the floor. Armed with a vocabulary that he masterly marshaled to be so poignantly persuasive, it was little wonder that he excelled as a barrister/ advocate at the South African Bar and in later years, even following his aliyah to Israel, remaining as an Acting Judge on the Supreme Court of the Witwatersrand Local Division (WLD). How many times I recall him saying, when trying to make arrangements, “Apologies, I will be in South Africa presiding in a case.” I would welcome on his return  listening to him relate cases, usually with bizarre circumstances that would have me in stiches of laughter as he comically embellished in his inimitable way the facts of the case and the issues of law both in English as well as in Afrikaans, particularly as it related to witness testimony. Having grown up in the old Orange Free State province of South Africa, Henry spoke a “suiwer” (pure) Afrikaans and frequently teased me over my “kombuis Kaapse taal” (kitchen Cape dialect), with its own nuances and humour. Our love of the law and language was our bridge but there was so much more.

Henry’s later retirement from the Bench in South Africa never impeded him from giving ‘opinions’ or ‘judgments’ on issues in Israel. I think back to 2005, when Israel was a society divided as it agonized over the issue of separating from the Palestinians in Gaza. There was a “them” and “us” self-imposed schism in the country and a prevailing mood of “What’s the point in talking to them? They don’t understand and never will.” This did not cut with Judge Shakenovsky who some six months preceding Israel’s evacuation of Gaza, formed a group with his wife Ruth and close friend Maurice Ostroff of English speakers from opposite sides of the political spectrum to thrash out the most divisive issue on Israel’s national agenda. Appropriately named Unity in Diversity (UID) – I believe coined by Ruth – I participated at these vibrant, at times volatile gatherings where Henry acted as the moderator and I reported on it for The Jerusalem Post.

It was always as if a court was in session with Henry presiding.  In the absence of a gavel, ‘Judge Shakenovsky’ nevertheless maintained order and vociferous debate ensued.

Comprised of mainly former immigrants from South Africa, North America and the UK and from both sides of the “Green Line”, we exchanged views on issues that were dividing the nation. At the very first meeting, Henry introduced his vision with the following:

 “We aim to explore whether there are shared values which, despite our differences, could unite us.”

What followed were tough meetings held alternately in ‘safe’ zones in central Israel followed by visits in armored busses to communities in Judea and Samaria or the “West Bank” as some participants insisted or demanded on calling. Some who came to that first meeting said, “That’s enough. I’m not wasting my time again.” Participants were at loggerheads over fundamental issues. Even the choice of words by a participant could cause a furor. Was the disengagement from Gush Katif in Gaza an ‘evacuation’ or an ‘expulsion’? Although at times feeling trapped in a verbal minefield, Henry was masterful at handling the situation.

As is today in 2024, Members of the Knesset  back then were little better at setting an example of decorum and so Unity in Diversity under Shakenovsky’s co-leadership, felt it was up to them to create a fresh dynamic of intellectual discourse. “Our aim,” asserted Henry, “was never to try to change the views of the other side but to establish a forum for dialogue where people would be free to express their views to an audience that would listen.”

How frequently Henry would quote – sometimes bellow – in Latin:

“Audi alteram partem”

A fundamental legal principle of “Let the other side be heard as well” in which each party is entitled to a fair hearing and given the opportunity to respond, Henry hammered this home when rowdy participants got out of hand.

There was something poetically poignant here because Henry’s birthplace in South Africa was a small dorp named “Vrede”, which in Afrikaans means “Peace”. This name arose following a bitter feud between the early Afrikaner settlers of the area as to where the town should be located. A compromise was finally reached and peace among those early citizens was achieved, hence the name, “Vrede”.

It is that dialogue and compromise that drove Henry to constantly seek the ultimate prize of “vrede” or “peace” on a new but biblical landscape and to shift away from the paradigm of “them” and “us”.

What was most disquieting to Henry was what he so eloquently termed “the dislike of the unlike.” 

However, it was his legal insights and understanding of the “dislike” from OUTSIDE Israel who were abusing the law to legally assault the Jewish state under what became known as “Lawfare” that Henry’s contribution to our Truth be Told (TbT) committee proved so invaluable. Established in the wake of the notorious 2001 UN Conference Against Racism or “Durban Hatefest”, TbT, a grassroots organization committed to proactively articulating Israel’s narrative to the outside world, depended on erudite lawyers of Henry’s standing . He contributed immeasurably during the period of the Goldstone Report and the years following, when TbT members were responding to the lies and distortions appearing daily in the international media.

While Henry has sadly left the world stage, that stage since the October 7 massacre in southern Israel has only worsened as it pertains to the Jewish state and Jews across the world.

The global assault to undermine Israel  by the abuse of law has only but intensified and a new generation of like-minded Henrys are needed today more than ever.

May Judge Shakenovsky’s legacy endure through the lives of others he so influenced.

A “mensch” and a community man (Henry served on the executive of Beth Protea, the retirement home for Southern Africans in Israel), he will be sadly missed by friends, family and colleagues.

Condolences to wife Ruth, daughter Jill Cohen in Israel, sons Brian and Richard in Australia and their families.

*Feature Picture: Acting Judge Henry Shakenovsky on the Supreme Court of the Witwatersrand Local Division (WLD).

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