Two Jewish candidates for the South African judiciary were asked discriminatory and inappropriate questions regarding their Jewish identity at the Judicial Service Commission (JSC) while other candidates were not questioned about their religious beliefs, said the South African Jewish Board of Deputies (SAJBD) on Monday.
Advocate Lawrence Lever and Judge David Unterhalter were grilled about topics pertaining to Judaism and Israel and their relationship to the SAJBD, while candidates of other faiths were not subject similar questions.
Lever was questioned about his observance of Shabbat. He was told by JSC panelists that observance of Shabbat would be a barrier to his appointment.
“It is appalling to think that the JSC, which is mandated to recommend judges to the highest courts, would countenance one of their panelists asking a question that is so problematic in terms of religious rights and so obviously discriminatory,” said Wendy Kahn, SAJBD National Director, in a statement.
Both candidates were also subjected to questions on their connections to the SAJBD. The SAJBD is the main umbrella organization for all South African Jewry, regardless of religious or political affiliation, with a mandate to “protect the civil and religious rights of the community, and fight against anti-Semitism.”
Nearly every Jewish South African has ties to the group in some form.
“It is anathema that it would be problematic for a potential juror to be associated with a body that upholds the values of our constitution in protecting a minority community against hatred and discrimination,” said Kahn.
Equally troubling were questions asked of the candidates surrounding their views on the Israeli-Palestinian conflict and their position on the two-state solution.
“Both Jewish candidates were the only ones quizzed on international disputes,” said Kahn.
She noted that the questions went against the spirit of South Africa’s Freedom Charter which states, “South Africa belongs to all who live in it, united in our diversity.”
“Twenty seven years ago we heralded in our constitutional democracy. Tomorrow, as we celebrate Freedom Day, we call on all South Africans to stand up and protect these constitutional values and reject all forms of discrimination,” Kahn said.