Yamina to demand Supreme Court override clause as condition for joining gov't

Yamina submits two preconditions for joining gov't including a law allowing Supreme Court rulings to be reversed.

Hezki Baruch ,

מסתננים בתל אביב
מסתננים בתל אביב
צילום: Tomer Neuberg/Flash90

Members of the Yamina faction will submit two preconditions to the rotational government agreement that will include a general override clause and a specific override clause to the Supreme Court's ruling against the anti-infiltrator law that was thrown out today.

A statement from Yamina read: "We are convinced that Likud MKs and haredi factions in the committee will support the aforementioned preconditions, put the Supreme Court in its place as promised during the election campaign, and allow the implementation of the Jewish state's immigration policy, [returning] the infiltrators back to their countries."

Earlier on, the Supreme Court repealed the law which was intended to provide incentives for infiltrators to leave Israel, ruling that the law, which would have required infiltrators to deposit a fifth of their pay as a deposit refundable upon leaving the country, was unconstitutional.

Judges Esther Hayut, Hanan Meltzer, Neil Handel, Isaac Amit and George Karra voted in favor with Justice Sohlberg holding a minority opinion that although the infiltrators' right to property would be infringed, its severity should not be overstated, and that there were inherent social benefits in the arrangement. He stated that in this case, there was no justification for repealing a Knesset Law.

According to the Foreign Workers Law, it is compulsory for infiltrates working in Israel to deposit a monthly deposit equal to 36% of their wages, to be reimbursed upon leaving the country. Of this amount, 16% are paid by the employer (employer component) while 20% is deducted from the employee's salary (employee component). The petitioners, amongst them infiltrators and various human rights groups, petitioned for the annulment of the law and or cancellation of parts of it.

The court determined that the deposit would be based only on the employer component (16%) and approved the "administrative deduction," according to which certain amounts could be deducted from the employer's salary towards the deposit, as long as there was a delay in the departure of the employee infiltrating the country relative to the declared date of departure.

According to the Court's ruling, this arrangement will enable the implementation of the main feature of the arrangement to be - creating an economic incentive for infiltrators to leave the country at their appointed time, without seriously harming their earnings.

The court therefore ordered the cancellation of the employee component and ordered the state to release the foreign workers' salaries within 30 days of the ruling.

Transport Minister Bezalel Smotrich (Yamina) attacked ruling, saying: ''Unbelievable. The Supreme Court has repeatedly repelled any instrument the state has tried to implement to enforce its immigration policy and maintain the Jewish majority of the Jewish state. Without barriers, without inhibitions and without knocking the bill. The truth is, in the coming government, [it could be calm going] and Gantz and (incoming Justice Minister Avi Nissenkorn) would still claim it was raining."

Former Justice Minister Ayelet Shaked also weighed in on the ruling, saying: "If anyone had any doubts regarding the importance of the Judiciary Committee, now it's clear. The Supreme Court has violated the immigration policy formulated by the Knesset numerous times over the years, starting with the infiltration law through a third state outline. And now it has partially revoked the deposit law. The law was effective and encouraged [infiltrators to leave Israel]. Only an override clause can put an end to [Supreme Court overexerting its authority].

''Unfortunately the new government will not be able to do so. Judge Sohlberg's minority opinion stands out, demonstrating the importance of appointing conservative judges [to the Supreme Court] and how [dangerous] the transfer of the judicial portfolio and control of the judiciary selection committee to Blue and White really is," she added.

MK Gideon Sa'ar of the Likud said: "The Supreme Court's decision on the Infiltrators' Deposit Law is a grave error. It harms one of the last remaining effective tools for encouraging infiltrators to leave the country."

"Together with my friends, Yoav Kisch and May Golan, I have submitted a bill to overturn the ruling against the infiltrator bill similar to a 1994 bill that allowed for the prohibition on the import of non-kosher meat," said Sa'ar.

MK Dr. Shlomo Karai of the Likud said: "After disqualifying any governmental or legislative initiative on the matter, the Supreme Court again shamelessly disqualified a Knesset law, leaving it crumbles. It also referred to a government memo that has been frozen for the most part as some kind of reference point. Perhaps the upcoming government will not be able to do this, but the Knesset's self-imposed legislation needs to be done away with."

Shafi Paz and Doron Avrahami said on behalf of anti-infiltrator southern Tel Aviv activists: "The deposit law has never been properly implemented anyway and the enlightened Supreme Court judges have already mowed it down. So perhaps it is better that way. No pretenses. Now that we have a new government, maybe it can provide us with an official proclamation that southern Tel Aviv has been formally annexed to Eritrea and the only law that applies to it is the Law of Violence and Blackmail or will they move their backsides at some point and liberate us from their contempt for coronavirus safety measures?"

"Supreme Court judges have occupied the role of our executioners for years. More or less disqualification will not change the fact that we have been extradited and we will soon have no choice but to defend ourselves inside our own homes or take up arms. What is certain is that the Supreme Court is a sad joke and we totally disobey its authority. As far as we care, they can build a glass house in Asmara (capital of Eritrea) and learn to speak Tigrinya (official language of Eritrea)."

"Arye Deri, Binyamin Netanyahu, and (National Security Adviser Meir) Ben Shabbat are responsible for this fiasco amongst others, who allowed this ongoing disaster to continue instead of making their voices heard and kicking these intruders and opinion thieves, with the money they're making and funding the regimes back home, constantly seeking compromise and surrender, out of here. We have nothing to discuss with the infiltrators and petitioners. They are a bunch of crooks and liars deceiving the public, the media, the judges and the government."