On video: "The Vodka Storm": a shameful confrontation between Gottlieb and Amsalem/Knesset Channel
Today, the Supreme Court overturned the dismissal of the chairman of the postal board of directors, Michal Vakanin, in a unanimous decision by judges Yitzhak Amit, David Mintz, and Khaled Kabov
. R. The board of directors of the Israel Post Company Ltd. Mishal Vakanin.
In the verdict, it was determined, unanimously, that the petition should be accepted and that the decision of the ministers was null and void.
In the ruling, Judge Mintz, who wrote the main opinion, stated that the decision of the Minister of Communications and the Minister of Regional Cooperation to transfer the chairman of the Israel Post Board of Directors from his position is null and void. Judge
Mintz insisted on the provisions of the law defining the list of situations in which a director of a government company will cease to serve before the end Her term was appointed, when it was emphasized that the list of concrete reasons corresponded with the fear of harming the independent discretion of directors.
It was emphasized that the ministers were not authorized to fire a director at any time at their discretion, but only when one of the circumstances established by law was met. It was further clarified that in order to exercise the authority to remove a director from his position Due to the fact that the director does not perform his duties properly - the reason on which the ministers relied - a solid, well-founded and clear foundation is required regarding a deviation from the conduct expected of a director.
Regarding the circumstances of this case, the unusual and clear picture was detailed in a way that does not imply two sides, regarding the significant flaws that fell in the process of transferring Yo "R" of the board of directors, and it was determined that it cannot be considered as a procedure that meets the requirements of the law.
This is, among other things, in view of the fact that the Minister of Communications informed the petitioner already in March 2023 of his intention to transfer him from his position;
that the factual infrastructure presented in the background of this message was extremely weak;
And that the consultation and hearing procedures that were done afterwards, were only semblance.
The aforementioned accumulation of defects led to the conclusion regarding the nullity of the decision.
Karai, and Kanin and Amsalam.
The great importance of strengthening the independence of office holders in government companies was emphasized/image processing, Yonatan Zindel/Flash 90, screenshot/Knesset Channel
Judge Amit stated that the impeachment of the petitioner was extremely unusual and extremely unreasonable due to several reasons, among them: failure to fulfill the obligation of the Minister of Communications to consult with the Government Companies Authority on time (a reason that stands on its own);
The sensitive timing of the decision, at a time when the postal company is on the last line before its privatization;
The opposition of the Minister of Finance to the transfer of the petitioner from his position at the present time;
And the ignorance of the Minister of Communications and the Minister of Regional Cooperation regarding the position of the Government Companies Authority, which opposed the impeachment process all along.
In addition, Amit emphasized the unusualness of the chosen sanction - the transfer of the chairman of the board of directors from his position - which had never been taken during the decades of existence of the government companies, as well as the fact that this far-reaching sanction was taken in the current case as a first step, without having previously exhausted more moderate measures. Judge Amit He clarified that in accordance with the law, the position of chairman of the board of a government company is not a position of trust, and the chairman of the board is not an "official" doing the word of the appointed minister. Against this background, the great importance of strengthening the independence of the office bearers in the government companies was emphasized.
Judge Kabob joined to the opinion of Judge Mintz and Judge Amit; besides, he added several comments regarding the nature of the government companies, noting their central role in the Israeli economy.
More on the same topic:
Israel Post
High Court
Shlomo Karai
David Amsalam