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Israel: Netanyahu and Gantz get supreme court nod for coalition Israeli court rules Netanyahu can form government under criminal indictment
(about 13 hours later)
Rivals will alternate as prime minister with government to be sworn in on 13 May Decision removes last barrier to country’s longest serving leader forming unity government with former rival Benny Gantz
Israel’s supreme court has approved the coalition agreement between the prime minister, Benjamin Netanyahu, and Benny Gantz, paving the way for a unity government to be sworn in next week.The country’s top court considered eight separate petitions from opponents of the pact at a hearing this week.But it ruled “there was no legal reason to prevent the formation of a government” led by Netanyahu.As the decision was delivered, Netanyahu’s rightwing Likud party and the centrist Blue and White alliance led by Gantz said in a joint statement that the new government would be sworn in on 13 May. Israel’s top court has ruled Benjamin Netanyahu can legally form a government while under criminal indictment for corruption, paving the way for him to be sworn in as prime minister next week.
Israel has been without a stable government since Netanyahu’s last coalition was dissolved in December 2018. The country has since held three inconclusive elections in less than a year, with Netanyahu and Gantz, a former military chief, both unable to form a viable coalition.They agreed to unite last month under a deal that will see Netanyahu serve as prime minister for 18 months, with Gantz as his alternate. They will swap roles at the midway point of the pact.The deal’s opponents had argued that criminal indictments against Netanyahu should bar him from leading a government. He has been charged with accepting improper gifts and illegally trading favours in exchange for positive media coverage.Netanyahu denies wrongdoing and his trial is set to start on 24 May.The supreme court said that by approving the coalition it “was not seeking to diminish the severity of the charges” against Netanyahu but concluded those could be handled in his trial without blocking the new government. The unanimous decision, released overnight, swatted down last-ditch attempts to end the career of the country’s longest-serving leader, who has fought for the past year to keep his seat in high office.
Judges were asked by eight petitioners, a mix of advocacy groups and opposition figures, to block Netanyahu because of his legal troubles. The court also assessed the legality of a controversial unity government deal Netanyahu agreed with his former-foe, Benny Gantz.
In its decision, the 11-judge panel expressed strong opposition to both Netanyahu’s continued rule and the coalition deal but said it would not get in the way of either.
“We did not find any legal reason to prevent MK (Member of Knesset) Netanyahu from forming a government,” the court said.
“The legal conclusion we reached does not diminish the severity of the pending charges against MK Netanyahu for violations of moral integrity and the difficulty derived from the tenure of a prime minister accused of criminal activity,” it added.
Famed for political wizardry even while ostensibly cornered, Netanyahu managed to convince Gantz, a former army chief who entered politics on the promise to oust Netanyahu, to do the exact opposite and join him instead.
The deal, agreed last month, envisions Netanyahu remaining in power for the first 18 months, after which Gantz would assume the role of prime minister for the next 18 months.
By signing the pact, Gantz lost significant credibility, not only from former supporters but also half his party legislators. In response, he argued the urgency of the coronavirus pandemic pushed him to agree to an “emergency government”.
The virus has infected about 16,300 Israelis, killed 239, and devastated the economy.
Without such a coalition deal, a crippling political paralysis that has seen the country hold three back-to-back elections within the timeframe of less than a year would have likely continued. A fourth election could have been held in late 2020.
On Thursday afternoon, a majority of 71 Israeli lawmakers passed legislation to approve the coalition, one of the last steps needed before the new government can be formed. Legislators are later expected to ask President Reuven Rivlin to grant Netanyahu the mandate to form a government.
In a joint statement, Netanyahu and Gantz said they intended to swear in the new administration on Wednesday.
Since the unity deal was announced, pro-democracy protests have taken place, calling on the courts to hold the government to account. The weekly protests have been held under tight restrictions, with each protester standing two metres apart and wearing masks.
This week’s hearing was broadcast live, unusual for Israeli cases, because coronavirus restrictions meant few were allowed to attend. Judges wore face masks, with clear plastic barriers separating them from each other.
Netanyahu’s upcoming trial – in which he faces damning charges of bribery, fraud and breach of trust – was meant to begin last month but was postponed until 24 May owing to concerns about the spread of the coronavirus in courthouses.
The 70-year-old has denied any wrongdoing, describing the investigations as a “witch hunt”.