Following a compromise proposal by Supreme Court justices hearing petitions against Yehuda Eliahu’s appointment as director of the Israel Land Authority (ILA), Prime Minister Benjamin Netanyahu and Ministers Bezalel Smotrich and Haim Katz announced they’re accepting the judges’ recommendation—but only partially.
2+Under the original proposal, two members of the search committee who faced conflict-of-interest allegations would be replaced, and the reconstituted committee would re-interview the three candidates who competed for the position before making a new decision. Meanwhile, until the renewed search process is completed, an acting director would be appointed to the ILA.
The government accepted the proposal to replace the two committee members and bring the three other candidates back for interviews before the new committee. But Yehuda Eliahu will remain in the position until either an acting ILA director is found or the new search committee completes its work. Attorney General Gali Baharav-Miara has not yet responded to the government’s proposal.
2+Behind the proposal is the attorney general’s position announced about a week and a half ago that the state would not defend Eliahu’s appointment, arguing that “the accumulation of flaws in the search and appointment process justifies its cancellation.” On the other hand, Eliahu ranked first in the search committee with a score of 93, and his appointment was approved by the prime minister, finance minister, and construction and housing minister.
The battle over the appointment began earlier this year, when Eliahu—head of the Judea and Samaria Division in the Defense Ministry and considered close to Finance Minister Bezalel Smotrich—emerged as the leading candidate for the position. Even before his selection, the appointment sparked fierce opposition from groups and organizations who claimed the eligibility requirements for the position were changed and lowered in a way that enabled his candidacy, while other candidates with more extensive experience in land management and planning were pushed aside.
2+Despite the opposition, the search committee recommended Eliahu in late April by a vote of four members to one dissenting member. The committee determined he was the most suitable candidate for the position, and Prime Minister Benjamin Netanyahu, Finance Minister Smotrich, and Construction and Housing Minister Haim Katz subsequently adopted the recommendation and formally approved the appointment. The Prime Minister’s Office even emphasized that Eliahu received the highest professional ranking among the candidates reviewed.
The position at the center of this legal battle is no routine job. The Israel Land Authority manages about 93% of state lands, is responsible for marketing land for construction, advancing new neighborhoods, and a central part of Israel’s housing policy. Because of this, the identity of its director has a direct impact on the real estate market, housing development, and the state’s land reserves for many years to come.