High Court rules deputy minister cannot act as minister, sparking shake-up

The High Court of Justice on Sunday ruled that Deputy Health Minister Yakov Litzman, the head of the ultra-Orthodox faction United Torah Judaism, cannot legally serve as de facto health minister as he has been doing since May this year, following the March election.

The ruling, a result of a petition filed by Yesh Atid, will force Litzman either to step down as deputy minister or accept the official title of health minister. Litzman's party has thus far resisted joining the cabinet, barring its members from serving as ministers in the government, arguing that they do not wish to cooperate with a secular government.

Officially, Prime Minister Benjamin Netanyahu holds the title of health minister, but in practice it is Litzman who fills the role of minister, despite not having the authority that a minister would have.

The High Court justices ruled that the fact that Litzman has been functioning as a de facto minister since the last election, reprising his role from the 2009-2013 term as deputy health minister, does not make it legal.

"The title 'deputy minister with the status of minister' has no basis," they wrote in their ruling. The practical implication of the ruling is that Litzman has 60 days to decide whether he will accept the official ministerial title or step aside to make way for a new appointment. The Prime Minister's Office issued a statement saying: "We will honor the court's decision."

In its ruling, the High Court stressed that "there is no dispute today that the 'historical' political institution of 'deputy minister with the status of minister' has no legal standing and is in conflict with the Basic Law: The Government, both in terms of the status of the minister and the status of the deputy minister.

"It is beyond our understanding why Rabbi Litzman did not take action to spare the court from having to rule on such an embarrassing petition," the justices wrote.

Litzman's office issued a response on Sunday, saying, "We will study the court's ruling and its implications. The issue will be brought before the Council of Torah Sages, who will make their decision, and we will abide by their decision."

Litzman's associates said that "until now, the Council of Torah Sages' policy was not to discuss this issue at all until the courts made a decision and left them with no choice. That has now happened. The council will convene toward the end of the week and decide whether to permit Litzman to serve as a minister."

Yesh Atid Chairman Yair Lapid welcomed the court's decision on Sunday, saying that "the national interest overcame the political interests. The High Court of Justice has informed the government that the era of political ploys is over. The citizens deserve a full-time health minister. This is not a battle against the ultra-Orthodox. It is a battle against the culture of back-door deals and political appointments."

Since the coalition agreement dictates a 20-minister limit to the cabinet, if Litzman is officially appointed minister, that will mean no Likud MK will be named to replace Danny Danon as science, technology and space minister now that Danon has been appointed ambassador to the U.N.

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