Good governance NGO petitions High Court against Zini’s appointment as Shin Bet head

The Movement for Quality Government in Israel files a petition to the High Court of Justice asking for the appointment of David Zini as head of the Shin Bet to be annulled on the basis of “critical” ethical concerns relating to Prime Minister Benjamin Netanyahu, who selected Zini as a candidate and Zini himself.

The petition asserts that the advisory committee, headed by former Supreme Court president Asher Grunis, which approved Zini’s candidacy did not properly consider what the organization asserts is Netanyahu’s conflict of interest in selecting a Shin Bet candidate against the backdrop of the ongoing “Bild” and “Qatargate” investigations into Netanyahu’s aides, in which the Shin Bet has been one of the investigating bodies.

The petition also notes that the advisory committee itself determined that Netanyahu had made requests from several former Shin Bet chiefs which were “not appropriate in a democratic regime.”

And the Movement for Quality Government says that Zini acted inappropriately during the appointments process, and alleges that he hid Netanyahu’s selection of him to be the next head of the agency from the IDF chief of staff when Zini was still serving as a general in the military.

The petition also requests that the court issue an interim order freezing the appointment until a final ruling is issued.

“A situation in which the head of the Shin Bet, a gatekeeper [of the rule of law] who is entrusted with maintaining democratic governance, is appointed in a process full of flaws that has given rise to serious concerns about the violation of ethical standards cannot be allowed,” says head of the Movement for Quality Government Eliad Shraga.

“The head of the Shin Bet owes a duty of loyalty to the entire public, and his loyalty cannot be given to one political entity or another.”

It would appear, however, that the chances of the petition are slim, since the High Court of Justice itself in July approved an agreement between the government and Attorney General Gali Baharav-Miara that enabled Zini’s nomination to proceed despite concerns regarding Netanyahu’s involvement in selecting Zini as a candidate.

That deal saw Netanyahu delay his formal nomination of Zini to the advisory committee for two months to enable the Shin Bet to finish its role in the investigations against the prime minister’s aides, and enabled the attorney general to draw up a conflict of interest agreement for the new Shin Bet chief regarding his participation in any matters relating to those investigations.

And the Attorney General’s Office issued a legal position paper to the cabinet earlier today stating that Zini be required to consult the Shin Bet’s legal adviser before dealing with any issues connected to Netanyahu’s “personal or political concerns.”