Justice Ministry officials expressed displeasure Sunday at the decision Friday by the High Court of Justice to add Attorney General Menachem Mazuz as a respondent to the petition filed by attorney Josef Fuchs against President Moshe Katsav. Fuchs petitioned the court last week in a demand that Katsav resign or suspend himself in view of the police recommendation he be indicted on serious charges.

Sunday, Justice David Cheshin decided to add Mazuz as a respondent to the petition, and ordered him to address the claims by this coming Sunday. This means Mazuz will have to specify his "public position" on Katsav's remaining in his post throughout the investigation, something Mazuz has refrained from doing until now on the grounds that it would undermine an ongoing investigation, and also that he does not ordinarily give advice he is not authorized to enforce.

The court also ordered Katsav to respond to the petition by next Sunday. This means that Katsav, too, will have to specify to the court his reasons for not resigning immediately, but he intends to hold a press conference before submitting his reply to the court.

	Advertisement

Cheshin's ruling raises the bar in this case by compelling Mazuz to express his opinion on how the police recommendation to indict Katsav accords with his continued tenure, which seems contrary to the norms of public ethics. The court previously ruled regarding ministers that they must quit only once an indictment has been filed against them, but the ruling notes the possibility of special circumstances in which the very initiation of a police investigation requires suspension of public service. This arguably applies of necessity to the state president.

Cheshin could have issued an order nisi, but opted for merely requesting a reply to the petition, which makes this a very preliminary proceeding. That is perhaps why Katsav was also required to respond, despite the clause in the Basic Law on the President of the State, which says, "The President of the State shall not be amenable to any court or tribunal, and shall be immune from any legal act, in respect of anything connected with his functions or powers."

The court does not have the power to order Katsav to suspend himself or resign. That decision is Katsav's alone, and only a majority of 90 MKs can remove a president for "unbecoming conduct."