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ELITISM AND THE JUDICIARY

Disentangling the toxic from merit-based judicial elitism

By Lawrence Nowosenetz

Bitter divisions are wracking Israeli society over the recently passed reasonableness legislation. This legislation is part of what was a planned package of judicial reforms by the coalition government. The reforms are touted as being necessary to restore democracy and return the will of the voters  to the elected representatives of the voters of Israel. The judges of the Supreme Court of Israel have been accused of overstepping the mark, entering politics, and making policy decisions based on their notions of reasonableness of government action and even legislation.

There is more than an undercurrent of criticism of the judges. Various commentators and politicians have stated that the  judiciary is undemocratic as it is unelected, and the judges are an elite and unrepresentative of a large part of  Israeli society.  The criticism of the selection of judges at present, is that the judges control this process and appoint their own peers. Thus a small self-appointed elite is making the important decisions and is out of touch with the wishes and needs of the electorate.  The reforms sought  are said  to aim at remedying this injustice and place the appointment of the judges in the hands of politicians and importantly the majority of whom are coalition government politicians. What can be wrong with this? Government by the people, for the people.

Sounds great except that it is not so simple. There are some gross distortions of social justice and violations of robust established principles of justice and good governance.  Misunderstandings about the role of the judiciary and gross disrespect for the rule of law also inform this most abused idea of elitism being at the root of all the evil within the judiciary.   

Unveiling or Unleashing? Justice Minister Yariv Levin unveils his plan for overhauling the judicial system at a press conference in January 2023 leading to protests across the country now in its ninth month. (Olivier Fitoussi/Flash90)

We are living in a populist era where the idea of a select few having a privileged position in society is looked upon with disfavour. We have become so obsessed with the notion of equality and our aversion of discrimination that we have lost sight of the moral basis of elitism, which is merit. We are all equal in worth and all men and women were created in the image of G-d. This is a noble immutable and just social principle except that it overlooks  one thing: We are not equal in ability. The more able are entitled to the fruits of their talents and contributions towards the welfare of society.  This entitlement is based on merit and not on patronage, popularity, political favour  or background.  Elitism is toxic when it is undeserved. George Orwell satirised this in his famous novel Animal Farm where the corrupt political doctrine “some are more equal than others” made a huge impact on  our thought.  We need to disentangle  toxic from  merit-based  elitism.      

Judges  are not public representatives and never were meant to be elected. Indeed popularity, particularly temporal political approval, is no criterion at all for fitness for judicial office. As eminent US law professor Allan Dershowitz has remarked,  the judiciary is actually anti-majoritarian. He has supported the existing  Israeli system of judicial selection as  better than the US system where the US Supreme Court is perceived as being politicised. To state the other side of the coin, judges are and should be  an elite. Peer recommendation plays a legitimate role. Senior jurists  are in the  best position to evaluate the competence and fitness of their colleagues. Successful societies  need top  jurists  who have earned their place by skill, character, experience, maturity, independence, and service to society.  Their loyalty is to the State and the protection of the rights of all that are affected by the laws. The State is not the same as the government. Political ideologies and governments come and go but the State binds every citizen to respect the founding values and rule of law. Judges are only answerable to the rule of law.    

We have elites in all walks of life and professions. Not only judges. We have engineers and scientists who design weapons and technology to protect  us from attack by our enemies.  There are skilled surgeons who save lives and improve the quality of our lives by their expert medical knowledge and dedication. There are hi-tech entrepreneurs who have gifted the world with innovations and  computer solutions which have brought huge investments, profits and tax revenues flowing to Israel.  They are the elites of the Start-Up Nation. None of these people were placed in their positions because they were popular or demographically representative. They succeeded on merit, and it made no difference what background they came from.   

Judges are in a similar expert category although they differ in that they are public officials. They constitute the third layer of government but unlike the two layers of the legislature and the executive, the judiciary is independent of them. That is the essence of the separation-of-powers doctrine. Each has separate spheres of power and competency. Judicial independence is not limited to independent decision making, but also to independence in their appointment from political influence.   This is an international standard protected by various declarations of the UN the EU and other international legal bodies.     

Judges are trained professionals and not ideologues or politicians. They are trained in concepts of rights, procedures, and legal theory. They gain  experience in real situations and have to distinguish conflicting claims of fact and law. They are required to uphold the rule of law.  They are required to make decisions which may conflict with their personal political convictions and have to distance themselves from  predisposed  personal political or social views.  The best of them have an independent outlook which does not change according to the governing politics of the day. Strong moral character and a commitment to basic justice defines them.    

Judicial review is a topic which has engaged lawyers since the landmark U.S. Supreme Court case of Marbury v Madison in the early 1800’s that established the principle of judicial review in the US, meaning that American courts enjoy the power to strike down laws and statutes that they find to violate the Constitution.

Marbury v Madison. US Supreme Court case that established the principle of judicial review in the United States. 

Law is work in progress. There is no definitive state of the art about the powers of courts to intervene in legislative and executive action. This is a balancing act within a county’s constitutional  framework.  Law develops slowly and sometimes painfully as do social values.  We  cannot however turn back the clock. The role of the judiciary not only in Israel but in other democratic jurisdictions is constantly evolving. The days of parliamentary supremacy are waning. We have seen  the slippery slope to political absolutism. It has led to the violations of basic rights, dictatorship and worse, as seen in Nazi Germany and Apartheid South Africa. Judges have to ensure the law meets the standards of successful, free, and prosperous democratic societies.  Paul Kruger, the President of the old Boer Republic of the Transvaal (ZAR) in South Africa at the turn of the twentieth century, called ‘judicial review’ the work of the devil. Neither he nor his republic lasted long. 

In countries with an English common law tradition, the courts have always had what is known as an inherent jurisdiction. This includes the power to fill lacunae or vacuums in the law. This includes  an interpretive function based on principles of justice.  Indeed Jewish values are based on  justice rather than  legal rules.  The Torah speaks of tzedek tzedek tirdof (justice  justice shall you pursue) rather than  mishpat mishpat tirdof  (law, law shall you pursue).  

The South African Constitution, internationally held in high regard, states in Section 173 :

 “The Constitutional Court, Supreme Court of Appeal and High Courts have the inherent power to protect and regulate their own process and to develop the common law taking into account the interests of justice.”  

The judges of the Supreme Court have few modern common law sources at its disposal as a result of the youth of the State of Israel and the repeal of English common law precedent in 1980. It therefore has to reach far wider and deeper in developing a system of law based on justice. Its inherent jurisdiction was recognised in the Israel Foundations of Law statute of 1980:

“Where a court facing a legal question requiring  decision, finds no answer to it in statute law or case law or by analogy, it shall decide it in light of the principles of freedom, justice, equity and peace of Israel’s heritage”.  

The best lawyers  are required for  this daunting task. It requires wisdom, insight, a solid grasp of established legal norms and values, as well as the roots of Israel’s heritage. Surgeons are not second-guessed for their professional decisions unlike judges who are subjected to degrading and disparaging criticism. People are  often displeased with the outcome of a case and the immediate reaction is that the court is predisposed to favour or not favour a certain person or group. Few bother to examine the reasoning behind the decision.

It is up to the judiciary to interpret laws and apply the rule of law.  Their role is to fill legal gaps  (lacunae). Israel is replete with such gaps as it has no formal constitution,  a Bill of Rights, nor a developed common law. Judges thus have declaratory powers and in this respect they have the last say as to what the law is. This does not mean they are exercising judicial supremacy. They are rather custodians of the higher legal values which constitute the foundational legal  basis of the country. They do not generate legislation; they only exercise quality control and only decide on cases which are brought to them. The fact that they interpret laws and have declaratory powers about the cases before them does not make them dictators nor legislators. Anyone who reads the judicial decisions and  legal literature will soon realise that judges follow a policy of caution and a reluctance when  entering  the arena of government policy  and interfering with  existing laws.   Indeed in the past 30 years of judicial activism, there has  been    approximately one decision on average per year which has overturned  a law.  Judges make law as a last resort. Not a first resort.

The work of the Israel Supreme Court has been oversimplified and distorted in the public discourse raging in Israel. The loud voices proclaim that the court, an unelected elite, imposes its own agenda on government: It  obstructs  the will of the people.   These are at best misleading allegations and at worst shocking and discrediting misrepresentations about the conduct of the judiciary. Many of the loud  supporters of judicial reform possess no expert knowledge and experience in legal theory and practice. Seldom is there any  meaningful discussion of the offending judgments and there is no attempt to examine and analyse the reasoning of these activist  decisions. Some writers  have  made the absurd claim that  ‘reasonableness’ depends on the whim or subjective preference of the judge. This is grossly false. The very legal notion of ‘reasonableness’ is an objective test and stringently applied. Established jurisprudential criteria are carefully weighed up.  

Battle of the Buildings. Supreme Court and the Knesset (behind) in a showdown with the character of Israel’s democracy hanging in the balance.

Judges are highly disciplined professionals governed by strict ethical rules. They are restricted from public comment and cannot defend these accusations.  It subverts the social  order for the trust and confidence of the judiciary to be maligned. Criticism needs to be based on sound legal principles based on international best practice and not ad hominem attacks on the background and ethnicity of judges. This leads to tearing down the legitimacy of the courts and undermines respect for the justice system.  

It is time to value and respect the elites in the judiciary who are the guardians of our freedom and also the custodians of righteous  Jewish values according to the heritage of Israel.



About the writer

Born in Pretoria, Lawrence Nowosenetz obtained his BA at University of the Witwatersrand and LL.B at the University of South Africa. Admitted as an attorney and advocate in South Africa, he practiced at the Pretoria and Johannesburg Bar and worked as a human rights and labour lawyer at the Legal Resources Centre, a public interest law firm. Awarded a Fulbright Scholarship, Lawrence completed an internship in the USA and is presently a part-time Senior Commissioner at the Commission for Conciliation Mediation and Arbitration (CCMA) as well as a panelist at Tokiso Dispute Settlement – the largest private dispute resolution provider in South Africa. He has also served as an Acting Judge of the Hight Court, South Africa.





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

Lay of the Land Weekly Newsletter- 10 September 2023

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Articles

(1)

BATTLING WITH THE BASICS

While confidence in Netanyahu’s government drops, consumer prices rise

By David E. Kaplan

Taking Stock. Prices at the till sour as people’s confidence in Israel’s governing coalition plummets.

As an extreme right-wing government struggles with bulldozing forward on judicial overhaul, Israeli consumers struggle with rising prices. Breaking with his governing coalition colleagues, Likud MK David Bitan admitted this week the folly and the harm of this track. Is he a lone voice in government or will others follow?

BATTLING WITH THE BASICS

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(2)

A LOOKOUT OF HOPE

A highpoint of  a tour of northern Israel proved to be the highest point overlooking Rosh Pina

By Stephen Schulman

Picturesque and Poignant. A tranquil lookout named after Nimrod Segev who fell in the Second Lebanon War. 

A majestic observation terrace overlooking Rosh Pina unveils to visitors not only a vista of Israel’s fertile north, but a vista – in the words of the writer – of “selflessness, sacrifice, loss, grief, love and affirmation.” The contours of nature and human relationships all merge at Nimrod Lookout.

A LOOKOUT OF HOPE

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(3)

HIGH ANXIETY

There is no escaping the turbulence and torment

A poem by Fonda Dubb

Time out from Tumult. Protester lies in foliage during massive demonstration in Jerusalem against judicial overhaul.

Israel’s current crisis is not only of the state but the state of its people. From being a “happy people” as multiple polls attest, Israelis are less happy today at their country’s shift from democracy. Some have found an outlet by expressing their feelings not only in protest but also in poetry.

HIGH ANXIETY

(Click on the blue title)



LOTL Cofounders David E. Kaplan (Editor), Rolene Marks and Yair Chelouche

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While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

BATTLING WITH THE BASICS

While confidence in Netanyahu’s government drops, consumer prices rise

By David E. Kaplan

At last Saturday night’s demonstration against the governments judicial reform in Kfar Saba, a friend of mine, defying the deafening din, blasted profoundly in my ear:

“You know, never in my wildest dreams did I ever believe when I was protesting as a 20-year-old medical student in South Africa that I would be protesting as a doctor in my seventies.”

Five decades later and in another country, and we feel we are back where we started. To get seventy-year-olds and older out every Saturday night standing for hours, listening to speeches repeating what we all know and agree, bellowing “Busha” (shame) repeatedly while holding aloft the Israeli flag and then walking home saying farewells to friends, “Same place, same time next week,” then clearly, to paraphrase the Great Bard:

 “Something is rotten in the State of Israel”.

Saturday Night Fever. A typical Saturday night at city square Kfar Saba with protestors. People tend to stand in same areas meeting the same people each week.

Much of the country knows it, including those brave enough in the Likud at admit it. In my recent article ‘IS THERE EVEN JUST ONE?’ I asked:

 “Where is the one in Netanyahu’s coalition who is going to finally stand up and say – “enough”?”

Well, maybe cracks are appearing.

Has now the proverbial ‘penny dropped’ – the shekel has – with Likud MK David Bitan’s headline admission in the news? Using the platform of Israel Bar Association’s 12th annual conference, Bitan in his address to Israel’s legal fraternity, admitted that his governing coalition had made a mistake with the judicial reform adding that his government was failing to give sufficient attention to other important issues unrelated to judicial reform – like the soaring cost of living! He alludes that he is not alone by revealing that  “There are [other] members in the Likud who think so too.” Seemingly unafraid – unlike his colleagues –  he publicly admits that his Likud party:

 “….was harmed by this move, and it will continue to be harmed if we don’t reach broad agreements.”

Bitan was clearly seeing what most his political bedfellows were failing see or as the astute 16th century saying goes:

“There are none so blind as those who will not see.”

If the coalition pursued its judicial reform legislation warned Bitan, “credit rating companies would follow up on their threats and drop Israel’s rating.”

It was happening.

No Age Limit. Afar cry the writer recalls from the protests in South Africa against Apartheid where the average age was below twenty. Looking around at the protests in Kfar Saba, the average age appears to be 55 and over.

While affirming Israel’s rating in April at A1, Moody’s in July then warned Israel that continuing judicial overhaul legislation would have negative consequences on Israel’s economy. Ever since the judicial reform was presented, credit rating companies have warned that the situation would lead to a downgrade in ratings and hardly unexpected, at the end of July, Morgan Stanley did lower Israel’s rating.

Clearly, Israel’s government is battling with the basics. As Bitan continued in his Bar Association address, the government is failing to give sufficient attention to other important issues that are not related to the reform.

As Israel’s government struggles with bulldozing forward on judicial ‘reforms’ – a misnomer if ever there was one –  consumers struggle with rising prices.

“We could be dealing with a lot of things at the same time,” Bitan continued. “The cost of living needs to be dealt with. It’s not just on the government, but the government needs to change directions. It’s not doing its part. The responsibility is ours, and we need to give attention to the rest of the issues outside of the reform. Unfortunately, only some of us are working in other fields.”

What an admission by this Likud MK and what a shocking indictment against the government in which he serves.

David Denounced. Likud MK David Bitan in the Knesset. What he had to say at the recent Israel Bar Association’s 12th annual conference did not please his Likud colleagues, who were quick to respond that it did not represent the party’s position.

Since Netanyahu returned to the premiership at the beginning of 2023, prices in Israel have only continued to rise. Despite campaign promises to address the high cost of living, most of the prime minister’s focus in 2023 has been on passing sweeping judicial reforms, something hardly addressed during the campaign. Although  inflation and the rising cost-of-living were Likud campaign promises, once in government, it relegated these issues to a low priority, subordinate to the judicial overhaul. The result – as confidence in the government has plummeted, consumer prices rise.

Commensurate with Netanyahu government’s failure to grapple with reality, more and more regular Israelis are failing to grapple with their financial situation. Struggling to make ends meet, Sharona Bat Haim, a cleaner and single mother of two girls, told The Jerusalem Post’s Media Line that:

“I have no money and prices keep going up. I don’t know how I will cope. I will probably have to stop buying meat for my other daughter, but I don’t want to discriminate.”

Tapping into this cry from the people, opposition leader, Yair Lapid said at a recent protest, “Milk, fruits and vegetables, meat—all the prices are going up. We will come back to power, and we will lower the prices.”

In the first quarter of 2023, foreign investment dropped by 60%. This is according to a Treasury report revealed by Israel’s chief economist on Wednesday.  The preliminary data paints a troubling picture of a steep drop in foreign investment transactions, totaling approximately $6.2 billion. Comparing with the quarterly averages in previous years, the data represents a “HEFTY PLUMMET”.

Is this not a sufficient sobering confirmation of the dire warnings for months by esteemed economists against the government’s controversial judicial overhaul?

Israel needs to recalibrate its priorities. Sadly, the Likud has distanced itself from its lamenting MK David Bitan refuting his public utterances at the Israel Bar Association as “not the position held by the party.”

Warned and Ignored. Rating agency Moody’s warned in July on the negative consequences of the government’s judicial reform for Israel’s economy.

Considering the destructive makeup of the governing coalition and the ‘March of Folly” its leading this country, what is needed is  YES – a pressing overhaul – but not of the judiciary but of Israel’s present political leadership!

This is why seventy-year-olds like every other age of participating protestors across Israel, will continue to block off their calander’s Saturday nights for the foreseeable future.





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

The Israel Brief- 04-07 September 2023

The Israel Brief – 04 September 2023 – IDF arrest 3 Hamas terrorists. Riots in Tel Aviv. Did the Libyan PM meet Mossad? Solidarity campaign.



The Israel Brief – 05 September 2023 – Coalition agreement drama. Shekel devalues. NY Times a Shanda. Remembering Munich.



The Israel Brief – 06 September 2023 – PM Netanyahu to talk to Pres. Zelensky. Papua New Guinea open embassy in Jerusalem. Road to Saudi normalization. Today’s epic BDS fail.



The Israel Brief – 07 September 2023 – Abbas vile comments. Israelis trapped in Greece. Emirates plane with Israelis forced to land in Malaysia. Ribo rocks The Garden.






While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

A LOOKOUT OF HOPE

A highpoint of  a tour of northern Israel proved to be the highest point overlooking Rosh Pina

By Stephen Schulman

In the Upper Galilee, on the lower eastern slopes of Mt. Kna’an (Canaan), nestles Rosh Pina. This picturesque, small town founded in 1882, stands as a testament to the foresight, enterprise and tenacity of the early pioneers who helped lay the foundations of the modern State of Israel.

Steeped in history, the town is dotted with interesting historical sites. Walking up the steep hill from the main road, you encounter the Baron’s Park that marks the beginning of the old, original neighborhood and named in honor of Baron Edmond de Rothschild, the settlement’s early benefactor. Continuing upwards along the walking path, you can visit the home of Professor Mer who searched for a solution to the problem of malaria that plagued the early settlers in the swampy Hula valley. Still higher up is the synagogue, Rosh Pina’s first public building, now restored and in use.

 Prime position. A reminder of Nimrod in the prime of his life, colourful flowers in full bloom as one approaches the observation terrace of Nimrod Lookout from the path below. (Photo: Stephen Schulman)
 

Ascending further, you enter the first street of the settlement, the cobbled Hanadiv Street that leads up to the highest point in the town: the Nimrod Lookout: a magnificent observation terrace that stands at an elevation of 500 meters, overlooking the town and commanding a clear view of the Hula valley, the Golan Heights to the east and Mount Hermon to the north.

Named after Nimrod Segev, this gem of tranquility and beauty tells a story of selflessness, sacrifice, loss, grief, love and affirmation.

Welcome to Nimrod Lookout. A smiling Nimrod welcomes visitors to the Lookout. (Photo: Stephen Schulman)

Nimrod, a fourth generation born and raised in Rosh Pina was imbued with a deep love of nature and the landscape. Growing up, wandering freely in the village and surrounding countryside, he developed an intimate knowledge of and attachment to them both. At the age of 25, he married Iris, the love of his life, who had brought with her little Vicky from a previous marriage. Nimrod adopted and loved her as his own and soon she was joined by a baby brother Omer.

After matriculating, he left the small town to study and graduate with a degree in computer engineering from the Microsoft College in Herzlia. The small family then moved to the city of Ramat Gan from where he commuted to and worked as a valued employee at the corporation’s center in Ra’anana and where his charm and warmth endeared him to all. At weekends they would return to visit his parents and reconnect with the countryside of his birthplace. His father Hezi recalls how Nimrod would stop the car to listen to the trickling of the stream that ran near their house, shake off the dust of the city and inhale the special atmosphere of the Galilee.

Deck this Out. A panoramic view from the Lookout deck of Rosh Pina below and the north of Israel all the way to the Golan and Mt. Hermon. (Photo: Stephen Schulman)

In March 1996, Nimrod was drafted into the Israeli Defense Forces and served in the armored corps. In the Second Lebanon War, whilst serving in the reserves, he was called up. On the 9th August 2006, while protecting his village, his parents’ home and the countryside he loved so much, his tank that was providing cover for bulldozers paving a route near the Lebanese village of Eitah ah-Shaab struck a roadside bomb and seconds later was hit by an anti-tank missile. Nimrod and his tank crew of Gilad Shtukelman, Nir Cohen and Noam Goldman were all killed. Nimrod was 28 years old.

War and Peace. The avenue alongside this peaceful lookout with the names of Nimrod Segev and his fellow tank crew comrades Gilad Shtekelman, Nir Cohen and Gilad Goldman who fell on 9 August 2006 during the Second Lebanon War. (Photo: Stephen Schulman)
 

The loss of a child is inconsolable and there is no salve for the wounds of grief and pain that do not heal with the passing of years. Hezi was determined to commemorate Nimrod’s name, to create a memorial to perpetuate his son’s legacy and pass it on for future generations.  An especially beloved place for Nimrod was a high vantage point above the town where, in his youth, he would come with his horse, sit in the shade of the trees, look out over the valley and enjoy the solitude and the silence. It was there that Hezi decided to create the memorial – a lookout.

The project was challenging. Being a private one, it would demand funding and the investment of much time and labor. Hezi was undeterred and set to work. With the help of volunteers and the generosity of donors, especially one from Canada who wished to remain anonymous, the site was completed in 2010.

Sights and Sounds. For up-close views of the countryside there is a telescope and to learn more about the area and Nimrod’s life, press a button to hear it all explained in your own language. (Photo: Stephen Schulman)

Today, Nimrod Lookout is a jewel in the crown of Rosh Pina. It boasts a magnificent observation terrace complete with a telescope, lighting, a computerized voice telling stories of and explanations of the landscape and plaques giving information on the topography and telling Nimrod’s story. Behind, in the cool shade of the trees, visitors can avail themselves of a drinking fountain, benches and tables. There is also Wi-Fi and the security of 24 hour surveillance cameras. The site is spotless, and surrounded with carefully planted and lovingly cultivated trees, shrubbery and flowers. Crowning it all is a magnificent fig tree that Nimrod used to sit under.

Hezi is in attendance daily, keeping a watchful eye on the place and giving talks to groups of visitors. He tells them about Nimrod, perpetuating the memory of his life, his cherished values and his legacy: of love for humanity and nature, the special love for the Upper Galilee countryside, its flora and fauna, the love of his country and in so doing, hoping to instill these same virtues in his listeners.

View from the Top. Nimrod’s father Hezi, on the Lookout deck, addressing visiting school children. (Photo: Stephen Schulman)

We were there one morning and joined a large group of teenagers from Venezuela who had come to hear the Outlook’s story. Hezi spoke softly and from the heart with an unpretentiousness and sincerity that kept his listeners in rapt attention. When he had finished, he said “You can ask any question you wish. I can only cry!”  Quite a few hands shot up and everyone was answered with patience and dignity. It was a moving experience.

When the group had departed, we stayed behind to chat to him and learned that his caring for and maintaining the lookout is not only a labor of love; it is a constant process that also involves great expense. Being a private venture freely open to the public, it has monthly bills for water, horticulture and electricity to be met plus the many other attendant expenses that the municipality also does not cover.

Father and Son. The atmosphere of his son all around, Hezi looks through the telescope upon the countryside below that Nimrod loved to explore from as a child to when his life was tragically cut short in 2006. (Photo: Stephen Schulman)

 According to the Hebrew calendar, Nimrod had died on the 15th of the month of Av; the Hebrew Valentine’s Day. Every year, on the evening of the anniversary of his passing, at the terrace, open to all, there is a short ceremony and then a show put on by a band for the enjoyment of everyone – remembering and celebrating Nimrod’s joy and love of life.

Getting to Nimrod Outlook presents no problem: you simply enter the town, turn into and go straight up the Main Road. If you do not wish to or are unable to walk uphill, you can arrive by car. There is ample parking and only the last 20 meters or so must be done on foot. The observation terrace is inspiring, the view is uplifting and meeting and listening to Hezi is an enriching experience. Highly recommended!




*Hezi Segev is a local tour guide. “If Walls Could Talk” is his award winning tour of the most special sites of Old Rosh Pina, telling the story of the place combined with the story of Nimrod. For booking, Hezi can be contacted at:   info@roshpina.org and at 050-532-5732
The upkeep of Nimrod Lookout involves substantial costs. Any donation would be greatly appreciated. Bank Details: Bank Hapoalim (12)Rosh Pina Branch542, Account No.22222, Account Name: Hezi Segev.





About the writer:

Stephen Schulman is a graduate of the South African Jewish socialist youth movement Habonim, who immigrated to Israel in 1969 and retired in 2012 after over 40 years of English teaching. He was for many years a senior examiner for the English matriculation and co-authored two English textbooks for the upper grades in high school. Now happily retired, he spends his time between his family, his hobbies and reading to try to catch up on his ignorance.






While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

HIGH ANXIETY

You cannot hide it nor disguise it; Israel is facing a political crisis. It’s a crisis not only of the state but the state of its people. From a decidedly happy people, we are a people less than happy at the new direction of their country since January 2023 caused by Prime Minister Netanyahu’s governing coalition’s unpopular and controversial overhaul of its judicial system. This is causing anxiety.

Some have found an outlet of this anxiety by expressing  what they are feeling not only in protest and prose but also in poetry. Here below is a poem by a Lay of the Land contributor from Israel’s southernmost resort city of Eilat.

David Kaplan (editor)


HELPLESS

By Fonda Dubb, Eilat

Sometimes I feel  my heart beating fast
My breath breathing faster
How can I stand aside and say or do nothing
I loathe the words that are spoken
I loathe the division that is so split and divided
I loathe the violence
That like an inferno rips the country apart.
It affects me so deeply
That I have to write
In the hope that there will be a change of heart
That I can look in the mirror and say
I did something!!
So I feel forgiven
But just for a little while
It takes time to adjust ones thoughts to one of gratitude for the many things bestowed on me
Family and friends to brighten up our days
Eilat with its beauty of mountains and sea.
They are not in the conflict of helplessness that I experience
They are G-d given
The joy of nature, of flowers and trees, butterflies and bees
They too like the birds that sing and fly at night are a gift of life.
I count my blessings every day
To remind myself of the many gifts of life
So never to forget that the opposite of helplessness is light and joy in the miracles of life.
It is my fervent prayer that we all believe in gratitude
To change our thoughts to one of prayer and forgiveness to make a better world to see the ” other side of life”.
Just to be kind to one another is goodness itself
to rid the helplessness we feel and see
A belief that one hand will stretch out and touch each another
So we can cling to hope that will never be abandoned
But will forever with our gratitude
Be intertwined together
While we pray for peace in our blessed land.





*Feature picture: A protester lies in foliage during a demonstration in Jerusalem July 24, 2023 against PM Netanyahu and his governing coalition’s judicial overhaul. (photo: Ronen Zvulun/Reuters).



About the Poet:

A former South African who daringly in her own unique way challenged the apartheid regime by teaching dance and cooking in “Black areas” in the Eastern Cape and Northern Transvaal, Fonda Dubb today resides in Eilat, Israel. (See article: The Right Moves). Her lifelong concern for others has led to her receiving numerous awards, most notably in 2012 the ‘Woman of the Year Miller Prize’ for volunteerism from the Mayor of Eilat.

In recent times, Fonda has taken to writing poetry drawing from her experiences both in South Africa and Israel, her values, as well as the natural beauty of Eilat. Her guiding star she says, is “a yellowing piece of paper” that hung in the consulting rooms of her late pathologist cousin, Dr. Johnathan Gluckman, who exposed the truth with his post-mortem of the famed Black anti-apartheid activist, Steve Biko, who met his untimely death in police custody. The words on that piece of paper read: “Good men have only to remain silent for evil to prevail”. These words says Fonda, “always stuck with me and influenced my way of thinking.”





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

Lay of the Land Weekly Newsletter- 31 August 2023

Unveiling the contours and contrasts of an ever-changing Middle East landscape Reliable reportage and insightful commentary on the Middle East by seasoned journalists from the region and beyond

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Articles

(1)

REWRITING HISTORY

Whitewashing a nefarious past, Lithuania is the master.

By Grant Gochin

Devious in Denial. Denying participation in the Holocaust, Lithuanian policeman rounding up Jews in July 1941.

REWRITING HISTORY

(Click on the blue title)



(2)

BACK IN THE GOOD OLD, BAD OLD DAYS OF APARTHEID

What’s happening under the Netanyahu coalition has former South- Africans in Israel worried.

By Larry Butchins

Shades of Shame. Visual imagery of South Africa’s past that the writer never wants to revisit elsewhere.

As a former South African who grew up and then worked as a journalist during the apartheid regime until immigrating to Israel, the writer feels it is his “moral duty to raise a red flag and wave it vigorously.” While fervently defending Israel against the apartheid libel for many years, that task is becoming increasingly more difficult with each new day in 2023.

BACK IN THE GOOD OLD, BAD OLD DAYS OF APARTHEID

(Click on the blue title)



(3)

THE ARAB VOICE – AUGUST 2023

A selection of opinions and analysis from the Arab media

Three Arab writers opining on Middle East issues address:

  • Whether time is now ripe for the pursuit of a meaningful peace between Israelis and Palestinians.
  • An Islamic conference in Mecca to discuss issues of moderation, extremism, tolerance and coexistence.
  • The inescapable “Trump factor” on American politics and beyond.

THE ARAB VOICE – AUGUST 2023

(Click on the blue title)



LOTL Cofounders David E. Kaplan (Editor), Rolene Marks and Yair Chelouche

To unsubscribe, please reply to layotland@gmail.com





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

THE ARAB VOICE – AUGUST 2023

Three Arab writers opining on Middle East issues address:

  • whether time is now ripe for the pursuit of a meaningful peace between Israelis and Palestinians
  • an upcoming Islamic conference in Mecca to discuss issues of moderation, extremism, tolerance and coexistence
  • The inescapable “Trump factor” on American politics and beyond

(*Translation from the Arabic by Asaf Zilberfarb)



ISN’T IT TIME FOR REAL PEACE

By Rami Al-Khalifa Al-Ali 

Okaz, Saudi Arabia, August 10

The Arab-Israeli conflict is one of the world’s longest-running and most tragic military standoffs, having brought great pain, death, and destruction to the region. Since the Nakba, various political actors have taken power in Israel without fully recognizing that there are other people in the land of Palestine who are entitled to their own peoplehood and homeland. Israel’s logic has been to implement changes on the ground that legitimize its superiority, yet this strategy has failed to create lasting peace and stability for the Jewish state. Military superiority may temporarily bring truces, but it cannot guarantee true peace. For decades, Israeli governments have been asking how they can garner the greatest gains under an imposed reality where Israel enjoys clear superiority over the Palestinians, who can only depend on the support of their Arab brethren and their own strength to withstand the situation. Perhaps it is time for Israel to reframe the question:

How can we live together on this land with the Palestinian people? How can we become an integral and genuine part of the region and its people?

Since the Madrid Conference [in 1991], we have missed out on numerous avenues to establish peace, yet today the prospects seem brighter. This is particularly true for Israel, where many citizens now recognize the looming threats arising from changes to the country’s political system. Numerous regional leaders have the potential, willingness, and capability to construct pathways toward peace. Here, Crown Prince Mohammed bin Salman of the Kingdom of Saudi Arabia deserves particular attention. He carries an expansive project that extends beyond the kingdom, encompassing the realism of economics, politics, and society. His Highness is determined to bring security and stability to the entire Middle East. Already, he has changed the face of the region in a brief period, beginning with the AlUla GCC Summit and the most recent Arab League Summit. These efforts led to successful negotiations with Iran, bridge building across the East and West, and the recent development of an international vision to broker a cease-fire in the Russo-Ukrainian war.

Pursuing Peace. Some 15,000 Palestinians and Israelis came together this 2023 to ‘try to break the chain of revenge and hatred’ on the day Israel honours its soldiers. (Photo: Adam Sella/Al Jazeera)

Real peace requires consensus from both sides. If the Palestinians have strong leadership that desires peace, and if the Arab leadership is motivated and has an influential personality like Prince Mohammed bin Salman, then this is a great opportunity that may not present itself again. This message is not only directed at Tel Aviv but also Washington: The US has the means and power to contribute meaningfully to the pursuit of a lasting peace between Israelis and Palestinians.

  • Rami Al-Khalifa Al-Ali 



MECCA CONFERENCE ON RELIGIOUS MODERATION

By Meshary Al-Dhaidi

Asharq Al-Awsat, London, August 11

With the generous blessing of the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz, the Saudi Ministry of Islamic Affairs is scheduled to host an Islamic conference in Mecca titled “Communication with the Departments of Religious Affairs, Ifta and Sheikhdoms in the World”. The conference, which will be held on August 13-14, will be attended by 150 scholars, as well as 85 muftis, sheikhs, thinkers, and academics who will discuss issues of moderation, extremism, tolerance, and coexistence between peoples.

This is, of course, a commendable quest and a noble effort. But who exactly is representing Islam in its current state? Who is the beacon to all Muslims around the world who rely on its guidance? Muslims are present all over the world, from Muslim-majority nations to the remotest corners of the Christian West. They have become citizens of those countries as well as influential political figures, from Sadiq Khan, the mayor of London, and Sayeeda Warsi, former co-chair of Britain’s Conservative Party, to parliamentarians, city mayors, and community leaders. Some have even risen to the position of heads of security agencies. For many years, the call for a moderate culture that embraces the value of tolerance and coexistence has been a matter of imperative urgency, not only in Muslim countries but also far beyond their borders. This is because developing such a discourse and fostering its spread is no longer a concern exclusive to the Islamic faith but a global issue that affects everyone. The consequences of Islamic extremism are felt by all inhabitants of the planet, just like any other kind of extremism. Reaching the goal of forming a thriving Islamic society requires both great courage and political support, as well as persistent effort. The experts in Islamic law must determine if there is an agreed-upon understanding of what Islamic law is. Is it a primordial and undeniable truth? Or is it based on human understanding, such as reason and norm-making?

Conference on Religious Moderation. Around 150 eminent Islamic scholars, muftis, religious leaders, thinkers, heads of Islamic centers and association and academics from universities from 85 countries around the world participated in the conference.

Ultimately, it is up to the experts to make this determination. As the world grapples with the complexities of modern citizenship, legal responsibility, and belonging, the idea of the “nation” holds an ambiguous role. It is both an emotional vessel that binds a people to a larger civilizational framework and a concept that can have both fleeting and destructive implications. Throughout history, countless scholars have sought to understand and explain these issues. It is our sincere hope that those attending this conference, seeking goodwill for the citizens of the world, may have luck in their discussions and endeavors.

  • Meshary Al-Dhaidi



TRUMP AT THE CENTER OF THE UP-COMING PRESDENTIAL ELECTION

By Abdel-Moneim Said

Al-Ahram, Egypt, August 9

The start of the 21st century was marked by a tragic event when terrorists attacked the World Trade Center in New York, as well as targets in Washington, including the Pentagon. In response, former US President George W. Bush declared a “war on terror” in Afghanistan and Iraq, although these attempts at creating an “American century” ultimately failed.

When Barack Obama entered office, he pursued an opposite approach of reducing the US’s involvement in global conflict. This ultimately set the stage for the election of Donald Trump, a vocal proponent of white nationalism. While he eventually lost the election to Joe Biden, his continued presence in American politics has caused a stir. He rejected the election’s results and incited violence from his supporters, leading to a storming of the Capitol in January 2021. The upcoming United States presidential election is certain to be electrifying, with the prosecution of former President Trump at its center. Trump has denied the 37 charges leveled against him, leading to a schism in the Republican Party between those who stand by the former president and those who don’t.

Enduring Donald. Despite appearances like this at the Manhattan Criminal Court in New York, Donal Trump remains an enduring presence on the world stage. (Photo.Timothy A. Clary/Pool/AFP via Getty Images)

Another area where the division has become evident is between the Democratic Party’s moderates, headed by President Biden, and the more radical left, headed by “the Squad”. Trump is facing numerous legal battles, including those pertaining to sexual assault, his alleged destabilization of the government, and the possession of confidential presidential documents following his departure from the White House. These sensational trials will prove to be a crucible for the US Constitution itself, as well as for global politics.

– Abdel-Moneim Said 





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).


REWRITING HISTORY

Whitewashing a nefarious past, Lithuania is the master.

By Grant Gochin

A feature of Putin’s war against Ukraine is the relentless and pervasive rewriting of Russian history, and elevation of Russian murderers into national heroes. Russia has even rewritten their school textbooks to teach their youth a fabricated history. If the West is to defend Ukraine from Russia, we must ensure Russia’s behavior is not replicated in NATO countries. NATO cannot be seen to be defending conduct we find abhorrent.

In a strange and ironic twist of fate, Russia is now seeming to be copying Lithuania’s disgusting Holocaust mis-education. Lithuania has rewritten history, elevated Holocaust perpetrators into their national heroes, and are teaching schoolchildren lies. Sounds familiar? While Russia is only trying to miseducate their own youth, Lithuania is trying to export their historical frauds into western education.

Merriam-Webster dictionary defines a friend as “a person who has a strong liking for and trust in another”. This definition does not apply to the relationship between Lithuania and Russia. They are not “friends”. They do not like each other and there is no trust. Russia’s conduct is generally repugnant, there is no basis for anybody to trust Russia. After all, a proven compulsive liar will lie about anything, always. Russia lies so much, so often, that everything they communicate must be assumed to be false unless proven otherwise. Lithuania is walking a fine line when they disparage dastardly acts by their enemy. They joyously identify missteps by Russia and demand the West intervene. Lithuania continually tells the West what NATO “MUST” do. Lithuania does not have the humanity, integrity, credibility or power to tell anybody what they “must” do.

Russian Bear, Lithuanian Fox. A Lithuanian appeal for support against potential Russian aggression.

The West should take cognizance of Lithuania’s concerns, they are sometimes valid. However the finger pointing “MUST” demands are an absurdity, especially given that the Lithuanian Government showed the US Congress their middle finger when Congress asked Lithuania to stop using Congressional documents for Holocaust revisionism.

Many of the issues Lithuania identifies about Russia – are practices widely originated and replicated by Lithuania itself. Historical fraud, the honoring of murderers, inverting facts, and so many more. It seems the difference between Lithuania and Russia is negligible (the nut does not fall far from the tree).

Russia’s honoring of Stalin is repugnant. It is a repudiation of humanity, an assault on decency; it is utterly dishonest, and an insult to Stalin’s victims, and to victims everywhere. Honoring genocidal murderers is an anathema to civilization. Elevating genocidal murderers to national hero status enables future genocides. Putin is abominable, just as is every entity who considers mass murderers as their national heroes is repulsive.

Merriam-Webster dictionary defines the word “hypocrite” as “a person who acts in contradiction to his or her stated beliefs or feelings”. Lithuania does exactly the same as Russia, but objects only when their own enemy mimics their own behaviors. It is the equivalent of a tiny temper tantrum that Russia can and does ignore. Lithuania does not have the power to do so. NATO cannot allow this repugnant behavior within our own member governments. It is contrary to NATO’s standard operating procedure.

Just as Russia rehabilitates Stalin and rewrites history, Lithuania has rehabilitated many Holocaust perpetrators and rewritten their history. The most widely known case is Jonas Noreika. Noreika was a Lithuanian Holocaust perpetrator who was responsible for the murder of approximately 14,500 Jews.

Lithuanian Bishop Emeritus of Panevėžys, Jonas Kauneckas, hung a grotesque monument to evil on a Heritage Listed, State building. There were mass joyous celebrations by Lithuanians. The monument hung on this State building until American officials refused to attend the 2023 NATO Summit in Vilnius, unless the Lithuania government removed this abomination. Lithuania capitulated and removed the monument for “cleaning”. They did not remove it out of any sense of decency or humanity or integrity.

The difference for Lithuania between the two monuments is that Stalin murdered Lithuanians, while Lithuanian murderers “only” murdered Jews. A distinction which cannot be missed or forgotten.

The Lithuanian Government maintains a legal standard which says that Jonas Noreika was never placed on trial during his lifetime, so he “must” have a Constitutional presumption of “complete innocence”, no matter what facts are apparent. However, neither Stalin nor Hitler were prosecuted nor convicted during their lifetime, so does Lithuania consider them the same as they do Noreika? No! Lithuanian legal standards apply by ethnicity – Lithuanian murderers of Jews are good, Russian murderers of Lithuanians are bad. There are three reasons:

  • To Lithuanians, Jews are not really human, and are not deserving of truth or justice.
  • Antisemitism
  • Truth is not generally a component of Lithuanian society.

Just as Putin re-writes history for his propaganda war, so does Lithuania. Lithuania looks in the mirror and sees Russia in their reflection but do not see the irony in their two-faced, hypocritical outrage. The dictionary definition of hypocrite fits Lithuania exactly. So do the words deceiver, immoral, unethical, degenerate, dishonest, heinous, brutal and many more.

Stalin was responsible for the murder of millions. The only reason Noreika murdered fewer than Stalin is that there were fewer Jews for him to murder, and he didn’t have the same geographical reach.

As Stalin said – “a single death is a tragedy, a million deaths are a statistic”. For Lithuania, the slaughter of Jews by Lithuanians is of no consequence, but the murder of Lithuanians by Russians is an unforgivable offense. The term for this continual philosophy by Lithuania is “morally reprehensible”, or, as Merriam-Webster dictionary defines it: “Evil”.

Devious in their Denial. Lithuanians still deny their participation in the Holocaust. Seen here in July 1941, a Lithuanian policeman with Jewish prisoners. (Credit: Bundesarchiv/Wikimedia Commons.)

The dictionary definition of friendship “a person who has a strong liking for and trust in another” means this definition cannot be applied to the past, present, or future relationship between Lithuania and Jews. The relationship is simply transactional. Lithuania has shown its true face too many times to be accorded credibility again. Perhaps, in a few generations from now, Jews might re-visit this issue.

NATO and the EU should ask themselves which values they are defending when offering Lithuania protection from its own mirror image.


With thanks to Dr. Melody Ziff



About the writer:

Grant Arthur Gochin currently serves as the Honorary Consul for the Republic of Togo. He is the Emeritus Special Envoy for Diaspora Affairs for the African Union, which represents the fifty-five African nations, and Emeritus Vice Dean of the Los Angeles Consular Corps, the second largest Consular Corps in the world. Gochin is actively involved in Jewish affairs, focusing on historical justice. He has spent the past twenty five years documenting and restoring signs of Jewish life in Lithuania. He has served as the Chair of the Maceva Project in Lithuania, which mapped / inventoried / documented / restored over fifty abandoned and neglected Jewish cemeteries. Gochin is the author of “Malice, Murder and Manipulation”, published in 2013. His book documents his family history of oppression in Lithuania. He is presently working on a project to expose the current Holocaust revisionism within the Lithuanian government. Professionally, Gochin is a Certified Financial Planner and practices as a Wealth Advisor in California, where he lives with his family. Personal site: https://www.grantgochin.com/





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).

BACK IN THE GOOD OLD, BAD OLD DAYS OF APARTHEID

What’s happening under the Netanyahu coalition has former South- Africans in Israel worried.

By Larry Butchins

We are under dire threat. Whether many people are ready to accept and believe or not, we are on the brink of becoming what all our detractors and enemies have claimed for decades – an apartheid state. With laws that call for discrimination against Arab Israelis – yes, when funds are held back from Arab communities, that is discrimination; when law makers on the right talk about “giving job preference” to Jews over Arabs, that is racism; when women are told to “cover up” and sit at the back of the bus, that is prejudice – whether we like it or not, and it doesn’t matter if that is “official policy” or not , it is this government which is enabling that type of thuggish, racist, discriminatory behavior. Empowering those who do believe it, to act it out.

I believe that as a former South African, who grew up and then lived under the apartheid regime all my life until making Aliyah, it is my moral duty to raise a red flag and wave it vigorously, to warn what could happen here. It is my moral duty to caution that while I have fervently defended Israel against those who condemn it as an apartheid state, we are rapidly heading in that direction, to hell in a handbasket, and I am horrified by that possibility.

Shades of Shame. Visual imagery of South Africa past that the writer never wanted to revisit elsewhere.

Allow me to hark back to the days of apartheid in South Africa, as a reminder of what life under doctrinaire and dogmatic rule, was really like back then.

One of my earliest memories of apartheid was when I was probably around 10-years-old. Late one night, my parents insisted I accompany my father to take our black maid Mavis to the central train station in Durban. I had to sit in front of the car and Mavis had to sit in the back seat. When on the drive home, I asked my father why I had to go with him, he replied that he had to have proof (me, his white little boy) that he and Mavis were not contravening the Immorality Act. Had he been stopped by the police, driving alone with a black woman, they both would have been arrested on charges under that “immoral” act. He would have copped a large fine (because he was white), and she would have been thrown in jail (because she was black), processed in the system, and not seen the light of day for weeks, possibly even months. I couldn’t quite internalize the message at that age, but it followed me the rest of my life in SA, always looking over my shoulder to check that the dreaded security service, BOSS (Bureau of State Security) wasn’t following me or checking everything I had written, said or done.

Disturbing Developments. At a change of command ceremony on Wednesday night, outgoing Binyamin Regional Brigade commander Eliav Elbaz, said in reference to increasing settler violence that “It should be said in a loud clear voice, that actions of this type are not ethical, not Jewish, and do not contribute to security.” (photo credit: IDF SPOKESPERSON’S UNIT)

I will quote from a chapter of my book, “Train in the Distance” in which the protagonist, Adam Marks, a reporter on a weekly newspaper in the 1970s – the height of apartheid – laments about his so-called “privileged freedom”.

“Do you think I’m free?

“When I write and publish the word ‘Amandla (Freedom in Zulu)’ under my name in the columns of a widely circulated newspaper, do you believe that I will not be condemned for that? Do you not understand that I am putting my freedom – and the welfare of my family – at risk? I cannot express my opinions freely, I cannot associate with whom I please: if I wish to invite Black friends to my home for dinner, I will be watched and under suspicion. If I meet Black friends for a day at the beach…well, that’s not going to happen, because we can’t even go to the same beach! I cannot even meet them for a picnic in a public park – unless my Black friends are seen to be my servants – haulers of wood and drawers of water for my benefit.

“Do you not understand that I cannot read, or view or listen to what I want? If I wish to read ‘The Communist Manifesto’, or ‘Lolita’, or ‘Lady Chatterley’s Lover’, or hundreds of other banned books, magazines; or see certain films; listen to music by certain musicians – can you believe Maria Callas singing Lucia di Lammermoor fell under the censors obliterating red pencil? Fats Domino, The Beatles, Rodriguez…how many more?

“Radical new ideas, by writers, artists, musicians and committed, passionate people, are influencing and shaping dynamic new thinking throughout the world…and here we sit, under the yolk of an evil system with evil intent, all because of our ‘privilege’.

“I am not free; my ideas are not free; my life is not free – despite all my privileges, I am still a white victim of apartheid. YOU are white victims of apartheid; and I don’t know when or if it is ever going to end…”

Separate entrances in post offices and banks, stairwells in train stations, trains reserved for different races; busses – those which allowed blacks on board in the first place, insisting they sat at the back – the last three rows reserved for blacks; Christian National Education – indoctrination of school children about the “right” of the white man to conquer the land and confine others to “homelands” or “locations”; the imposition of the morals and religious authority over what we could read, or view, or listen to, or even discuss…

Back of the Bus. Some of the hundreds of Israelis demonstrating against the segregation of men and women on buses in certain neighborhoods of Jerusalem, where the women must sit in the back. (Miriam Alster/Flash 90)

I could write volumes on the apartheid regime, its beginnings, middle and end… and how White South Africans enjoyed a multitude of benefits, lifestyle choices and preferential treatment. About how the Afrikaner-led government set itself up as the highest authority in the land – except for the Supreme Court and a group of courageous justices. Despite virulent government opposition, criticism and the possibility of arrest, banning orders, 90- or 180-days imprisonment, they were a light of sanity in a very dark nation.

Under the General Law Amendment Act, the Special Branch was allowed to arrest anyone they suspected of being engaged or involved in any act against the State and to hold them incommunicado for 90 days (and later 180 days) at a time. The Special Branch could interrogate and extract information, and the public was not entitled to any information including even the identity or whereabouts of people being detained. Detainees could literally and effectively “disappear”. If no charges were to be laid, the Special Branch had to release the individual or individuals after 90 (or 180) days. At the time, Prime Minister John Vorster boasted that this was repeatable “until this side of eternity.” A perfect example of the absolute need for an authority higher than the government.[1]

Am I suggesting that bleak Kafkaesque scenario could happen here in Israel? Not exactly, but there are certain resonant and frightening parallels. I do believe that former South Africans, those who came to this beautiful land of ours to flee discrimination and mind control, who came here to a democratic homeland; who came to work for and build a beacon of freedom and enlightenment – albeit somewhat flawed – should now stand up and cry out:

 “We are NOT an apartheid country – and NEVER WILL BE: IT CANNOT HAPPEN.”


[1] South Africa, Overcoming Apartheid, Building Democracy – Detentions Without Trial During the Apartheid Era




About the Writer:

Larry Butchins – I was born in Cape Town, South Africa, and started my journalistic career as a cub reporter on Durban’s morning newspaper, The Natal Mercury, covering fires, accidents, shipping and beach news. I then moved to the Sunday Tribune’s Johannesburg branch office, covering everything from visiting celebrities to political scandals and student anti-apartheid riots. At a protest at Wits University, I was arrested along with student protesters and spent the weekend in a cell in Johannesburg’s notorious John Vorster Square.

Eventually lured into Public Relations, I opened my own PR firm in Durban. On moving to Israel with my family in 1987, I branched from classical PR into Marketing Communication, running a small English-language agency promoting Israeli products abroad, working with Israeli hi-tech enterprises. Five years ago, I self-published my novel Train in the Distance based on my actual experiences as a journalist working under (and often against) apartheid’s rules and regulations.

In addition to professional writing, I write articles and stories, travel blogs – The Offbeat Traveller – and children’s books, two of which have been published in the US and South Africa. I am now entering my third career as a screenwriter and producer for an international TV series based on my novel.

My wife, Marlyn, and I live in Tzur Yitzhak , north of Kfar Saba; have three grown children and four  grandchildren who all live in Mitzpe Ramon.

Contact Details:

Email: larrybtrain@gmail.com





While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO).