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Photo: Marc Israel Sellem / The Jerusalem Post

Kadima four unlikely to be forced out of faction

Kadima leader Shaul Mofaz’s attempt to fire four of his MKs is unlikely to be authorized by the Knesset House Committee, Likud and Kadima sources said on Monday.
In a letter to House Committee chairman Yariv Levin (Likud), Mofaz said that MKs Otniel Schneller, Yulia Shamalov-Berkovich, Arieh Bibi and Avraham Duan have left Kadima, based on quotes attributed to the parliamentarians in the press.
Mofaz cited in his letter article 61 of the 1994 Knesset Law, which says the committee must investigate whether an MK has actually left his faction or not before authorizing the change.
As such, the House Committee will hold a tribunal in which Kadima will present its claim that the MKs have already quit and each MK can individually argue otherwise. Though the MKs may bring a lawyer to Tuesday’s committee meeting, none planned to do so as of Monday evening.
Should an MK or Kadima disagree with the verdict, they can appeal to the Jerusalem District Court.
If the committee authorizes Mofaz’s request for any of the four MKs, they will not be members of any faction, nor can they join any faction in the Knesset or run with an existing one in the next election, unless they resign from the current Knesset. As they would not be part of any faction, they would not be able to propose bills or motions to the agenda.
In addition, if Mofaz’s request is authorized, none of the four MKs would be able to be appointed as ministers or deputy ministers, as some of them were promised by the Likud.
If the request is denied by the House Committee, as is expected, the MKs may join another faction, though they are unlikely to be accepted if they do not find three more lawmakers to join them and take Kadima funding.
A source in Mofaz’s camp was skeptical that the House Committee would force the foursome out of Kadima, but said the party will “dry them out” instead. In other words, the MKs would find themselves staying in Kadima in a similar situation to renegade Shas MK Haim Amsalem, who is essentially ignored by the members of his faction, who do not allow him to propose legislation or motions to the Knesset agenda.
“Mofaz’s letter to the House Committee is not serious and has no chance of being authorized,” Government Services Minister Michael Eitan said. “MKs are not marionettes that can be thrown away and punished, just because of internal disagreements.”
Levin also said that Mofaz’s letter is unlikely to be authorized, as it “barely presents a hint of a [valid] claim.” From a legal standpoint, quotes in the press about signed agreements to jump from Kadima to Likud will not hold water, unless the contracts are presented.
“This is a serious, heavy decision, because if an MK is forced to leave his faction, he will have no funding and cannot join an existing party in future elections,” Levin explained. “Real proof is necessary to justify such a step.”
At the same time, Levin said that the tribunal will be fair and he will hear both sides’ claims.
“This political marketplace, in which someone jumps from one party to another without considering ideology must be condemned,” Levin added. “However, that is not enough under law. It is not enough that what they did does not look good.”
The Likud MK also pointed out that it is legally valid for several MKs, as a group of seven, to try to leave their party, and if the four failed in their attempt, that is not reason for punishment.
In addition, disagreements between a party leader and members of his faction are not a good enough reason for the committee to allow him to clean house, Levin stated.
Levin called for all MKs in the House Committee to vote according to legal considerations, and that there cannot be party or coalition discipline in tomorrow’s meeting.

By LAHAV HARKOV

JPost.com