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On Thursday, January 25, 2007, the House Committee approved the request of President Moshe Katsav to declare a status of “temporary incapacity” for three months. The consequences of this approval meant that at 4:30PM on that day, Knesset Speaker Dalia Itzik became the Acting President of the State of Israel. As Acting President, she will fulfill all of the presidential duties and maintain the authority of the presidential position. She will continue to hold this position for the three month period that was approved, or until a new president is elected if the Knesset decides to remove the president from his position.
Previously, President Katsav refrained from participating in two presidential tasks: He did not swear-in the new President of the Supreme Court, Justice Dorit Beinisch on the grounds of temporary incapacity, and he was absent during the opening of the Winter assembly of the Knesset. Besides these events, he continued to fulfill his normal presidential duties.
Clause 22(a)(2) of the Basic Law: The President states that “The President of the State shall temporarily cease to carry out his functions and exercise his powers… if he notifies the House Committee that for reasons of health he is temporarily unable to carry out his functions and the Knesset Committee approves his notification by a majority of votes -- from the time of the approval of the notification until the expiration of the period fixed by the Committee in its resolution or until the President of the State notifies the House Committee that he is no longer unable to carry out his functions, whichever is the earlier date;”
According to Clause 22(b), “The House Committee shall not… fix a period exceeding three months. It may extend the period, without a break, up to a maximum of three additional months…”
Clause 23(b) and (c) add, “During a period in which the President of the State has temporarily ceased to carry out his functions and exercise his powers, the Speaker of the Knesset shall hold office as Acting President of the State. While holding office as Interim President of the State or Acting President of the State, the Speaker of the Knesset shall carry out the functions assigned to the President of the State by Law and shall exercise the powers vested in the President of the State by Law.”
Removing the President from office
Clause 14 of the Basic Law: The President states that “The President of the State shall not be criminally prosecuted.” However, Clause 20(a) allows: “The Knesset may, by resolution, remove the President of the State from office if it finds that he is unworthy of his office owing to conduct unbecoming his status as President of the State.”
According to Clause 20(b), “The Knesset shall not remove the President of the State from office, save following a complaint brought before the House Committee by at least twenty members of the Knesset and upon the proposal of the House Committee passed by a three-quarters majority of the members of the Committee. A resolution by the Knesset to remove the President from office shall require a three-quarters majority of the Members of the Knesset.” 20(c) “The House Committee shall not propose the removal of the President of the State from office before he has been given an opportunity to refute the complaint in accordance with procedure prescribed by the Committee with the approval of the Knesset, and the Knesset shall not resolve to remove the President of the State from office before he has been given an opportunity to be heard in accordance with procedure prescribed by the House Committee with the approval of the Knesset.” 20(d) “The President of the State may be represented before the House Committee and before the Knesset by an authorized representative. A Member of the Knesset shall not act as the representative of the President. The House Committee and the Knesset may summon the President of the State to be present at proceedings under this section. “
On Thursday January 25, 2007, 30 Knesset members signed a complaint to have the President removed from office.
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