Case Number
HCJ 453/94, HCJ 454/94
Date Decided
11-1-1994
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: In 1993, the Government Corporations Law was amended, and s. 18A was added. This section provides that the boards of directors of Government corporations shall have equal representation of men and women, and until such time as this goal is achieved, members of the underrepresented sex should be appointed, ‘to the extent that circumstances allow’ (affirmative action).
After the new section came into effect, and despite the new section, men were appointed in two cases by Government ministers to boards of directors of Government corporations, on which there were no women directors.
The petitioner argued that the appointments were therefore unlawful. The respondents argued that, notwithstanding the new s. 18A, the appointees were the best candidates for the positions, and even if the court held that the ministers had acted wrongly, the appointments should not be cancelled on this occasion, as it was the first time the matter had come before the court.
Held: (Majority opinion — Justice E. Mazza and Justice I. Zamir): The appointments were unlawful since the ministers had not obeyed the provisions of the new section, and they should therefore be revoked, so that the ministers could begin the appointment processes again.
(Minority opinion — Justice Y. Kedmi): The main consideration in making an appointment is the qualifications of the candidates, even after the new section of the law came into effect. It was sufficient for the minister to consult a list of female candidates in his ministry, and he did not have to look outside the ministry. Thus in the case where the minister had such a list, his decision was valid. In the other case where the minister did not have such a list, the appointment was flawed, but in this case, the appointment should not be set aside, both because of the injustice that would result to the appointees who had done nothing wrong, and also because the petitioner had not shown that there existed a specific female candidate with qualifications equal to those of the appointees.
Keywords
Administrative Law -- Discretion, Constitutional Law -- Affirmative Action, Constitutional Law -- Equality Before the Law, Corporations
Recommended Citation
Mazza, Eliahu; Zamir, Itzchak; and Kedmi, Yaakov, "Israel Women’s Network v. Government of Israel" (1994). Translated Opinions. 212.
https://larc.cardozo.yu.edu/iscp-opinions/212
