High Court: State must brief court on plans to reinforce Sderot homes - Haaretz

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Thu., December 13, 2007 Tevet 4, 5768

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Last update - 08:58 13/12/2007

High Court: State must brief court on plans to reinforce Sderot homes

By Yuval Yoaz and Yigal Hai, Haaretz Correspondents

Tags: Qassam, rockets, Sderot

The High Court Wednesday gave the state until January 15, 2008, to brief the court on cabinet measures to reinforce 800 private homes in Sderot to withstand Qassam rockets. The directive was issued by justices Ayala Procaccia, Salim Joubran and Yosef Alon in connection with the court's deliberation on a petition by 30 Sderot residents against the cabinet.

The representative of the State Prosecutor's Office noted the cabinet has appointed a professional team to examine the overall issue of protecting residents of Sderot, including the topic of reinforcing private homes. The team is scheduled to complete its work by the end of December. Its recommendations are to serve as the basis of a cabinet session on civil defense in Sderot.

During Wednesday's session the justice criticized the government for not acting to reinforce homes in Sderot up to now. "The cabinet's priorities with regard to finding a solution for reinforcement is very disturbing," Procaccia said. Alon said, "Adults and children go to sleep at night in homes with tiled roofs, why do years have to go by until an elementary solution of shelters is found for them?"

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In an announcement from the State Prosecutor's Office to the High Court earlier this week, attorney Dina Zilber wrote that the court must avoid intervening in government policy on the issue of reinforcing homes in Sderot, since these are "clearly policy issues that are usually beyond the bounds of judicial intervention."

The Sderot municipality issued a statement last night on the issue, saying, "Even though the matter at hand is an intermediate ruling of the High Court, it involves matters that are very important to the residents of Sderot. The High Court instructed the cabinet to finish its [examination] by the end of the month and to submit an updated position paper. We view that as a great achievement in light of the state's claim of the court's inability to intervene in such matters."

Sderot Mayor Eli Moyal to be replaced from within city council

Sderot Mayor Eli Moyal, who announced his resignation after a barrage of at least 17 Qassam rockets struck the western Negev on Wednesday morning, will be replaced by someone from within the city council.

Moyal cited his inability to function as mayor in the difficult security situation as reason for his resignation.

According to the Local Authorities Law, if the head of an authority resigns less than a year before scheduled elections, "The council shall choose an action authority head from among its members, who shall serve until the scheduled election."

Municipal elections are scheduled to be held on November 4, 2008, which means that Moyal's replacement is to be chosen by the city council from among its 13 members.

It is relatively rare for mayor to step down within a year of elections. One who comes to mind is Amram Mitzna, who resigned as mayor of Haifa in 2003 after deciding to contend for leadership of the Labor Party. City Council member Giora Fisher was voted in by his colleagues, and served as mayor for four months before being replaced by Yona Yahav in the June 2003 election.

Had Moyal resigned with more than a year to go before new elections, a special mayoral election would have been held.

Interior Ministry spokeswoman Sabine Hadded issued the following statement Wednesday:

"Mr. Moyal's letter was received by the Interior Ministry, and his resignation will go into effect within 48 hours, as specified by law. The Interior Ministry will act in accordance with the law."

Related Articles:

Sderot mayor resigns in wake of rocket barrage from Gaza Strip

IDF unveils plan to counter Gaza militants; rocket strikes Sderot

State waffles on timeline to rocket-proof Sderot-area schools

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