Legal Adviser to the Government, Gali Beharev Miara, approved for Prime Minister, Yair Lapid, to appoint the former judge, Manny Mazuz, as the chairman of the Commission for the Appointment of Senior Officials despite the rules of restraint during an election period.
This, in order to mature the appointment of the Chief of Staff during the election period.
The appointment is for a full period of eight years because the ombudsman does not allow appointment for a limited time or for only one decision.
The government will meet on Sunday to vote on Mazuz's appointment.
Tomorrow morning a petition will be filed against the appointment which may also delay the appointment of the Chief of Staff.
Last month, the legal adviser to the government approved the appointment of a chief of staff despite the rules of restraint that apply to a transitional government during an election period.
Miara explained that the year 2023 "is expected to be the beginning of a new strategic period" and according to her, "there is great importance for the Chief of Staff to take office as early as possible."
In the ombudsman's opinion, she did not mention that a condition for the appointment of the Chief of Staff is that the candidate succeeds the committee for appointing senior officials, which is not staffed.
At the end of July, Lapid announced that he intends to appoint the retiring Supreme Court judge, Manny Mazuz, to the position of chairman of the committee.
In an opinion obtained by "Israel Hayom" written by the deputy ombudsman, Gil Limon, it appears that Rabbi Miara does not allow the appointment of Mazuz for a limited time, but for a full period of eight years - contrary to the rules of restraint that apply to a transitional government.
"Indeed, a special sensitivity arises regarding the appointment of a committee chairman at this time, because we are in an election period and the appointment of a permanent position to senior positions that are exempt from tender should be avoided, and that the extension of the office bearer's term or the filling of an acting position should be preferred," Deputy Ombudsman Gil Limon wrote , but he added that a government decision from 2013 does not allow for the appointment of a deputy to the committee "and this is due to the importance of ensuring the independence, independence of the committee and strengthening its position as a distinct gatekeeper".
That is why he stated, in order to appoint a chief of staff despite the election period, a committee chairman must be appointed for eight years despite the government being a transitional government.
"In the normal state of things, there was room to wait for the formation of a new government before appointing a new chairman to the committee.
However, under the circumstances of the matter (appointment of the Chief of Staff during an election period - p.s.), there is an urgent need to fill the position," Lemon concluded.
In accordance with Miara's approval, this coming Sunday the government will meet to approve Mazuz's appointment as the chairman of the committee for senior appointments and thus the transitional government will impose the appointment on the following governments.
The Lavi organization, which appealed to the ombudsman in protest and was rejected, is expected to submit an urgent petition to the High Court at the end of the week.
A hearing on the petition may delay the appointment of the chairman of the committee for senior appointments and the appointment of the Chief of Staff.
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