The South African Boycott Disinvestment Sanctions (SA-BDS) Coalition sent a formal complaint to the Judicial Services Commission  (JSC) objecting to the candidacy of  Judge David Unterhalter to the Constitutional Court. 

The grounds for the objection are based on his association with the South African Jewish Board of Deputies (SAJBD). Unterhalter was appointed to the SAJBD executive committee in 2020. 

“The values, ethos and actions of the SAJBD do not align with our government policies and our constitutional values. The SAJBD is akin to the Broederbond and serves as a conservative organisation that supports and minimizes the actions of the Israeli apartheid state, much like the Broederbond did with respect to apartheid South Africa. The SAJBD has supported the Zionist state’s brutal oppression of the Palestinian people.” 

According to SA BDS Coalition “A judicial nominee’s views of culture, history, transformation, judicial philosophy is extremely important. Seeking judges that support progressive understanding of human rights is essential. …A judicial nominee cannot honestly proclaim (sic) to be a supporter of human rights for South Africans but be a member of an organization that supports and defends war crimes and crimes against humanity against the Palestinians. Ubuntu represents the recognition and upholding of the humanity of everyone.” 

The SA-BDS accuses the SAJBD of having “a sordid history of hurling allegations of antisemitism against people in South Africa who advocate for Palestinian rights. It smears individuals and organizations in an attempt to silence those who seek to hold Israel accountable for gross human rights abuses and violations of international law.” 


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