High Court rejects petitions against appointment of Zini as Shin Bet chief

The High Court of Justice rules 2-1 against petitions filed against the appointment of David Zini as head of the Shin Bet. Zini has been in office since the beginning of October. The court had already declined to freeze his appointment until it ruled on the petitions, which sought to disqualify Zini over his past experience, conduct or an alleged conflict of interest.

Deputy court president Noam Sohlberg, writing for the majority, points out that the advisory committee that deliberated on Zini’s appointment had reviewed his candidacy and found it to be acceptable.

Sohlberg rejects arguments that Prime Minister Benjamin Netanyahu had a conflict of interest in selecting the next Shin Bet chief due to the agency’s role in investigations into the premier’s close aides in the Bild and Qatargate affairs.

The justice points out that a court decision in July this year allowed Netanyahu to select a candidate who would be assessed by the advisory committee, and for the attorney general to draw up a conflict of interest agreement with the new Shin Bet chief regarding the two investigations.

Sohlberg also rejects claims against Zini’s qualifications and ethical conduct and arguments that the advisory committee did not sufficiently examine those issues before approving his appointment.

Supreme Court President Isaac Amit writes a dissenting opinion, saying that the advisory committee had been required to examine the ethical conduct not only of Zini, but also of Netanyahu as the appointing official, but that it had failed to broadly evaluate Netanyahu’s ethical conduct in selecting Zini, in particular the possibility that the prime minister had ulterior motives in choosing him.

Amit says Zini’s appointment should have been kicked back to the advisory committee for a more comprehensive review, though he adds that there has been no blemish on Zini’s honesty or personal and professional integrity throughout his years in military service.

The Movement for Quality Government in Israel, one of the organizations that petitioned against Zini’s appointment, says its respects the ruling, but adds that the ongoing Qatargate scandal and criminal investigations into figures tied to Netanyahu underline why someone. like Zini, who was appointed by the prime minister must steer clear of the probes.