Jerusalem District Court Judge Nava Ben-Or accepted Ir Amim’s petition against the Israel Nature and Parks Authority (INPA) and Elad, ruling that the INPA’s February decision to renew its contract granting Elad operational management of Ir David was made illegally.  The Court ordered the cancellation of the decision, ruling that the INPA either publish a new tender to operate the national park or make the decision to exempt the process from tender in accordance with procedures outlined by law (AA 11975-04-12).

Judge Ben Or ruled that "the petition is accepted on the basis that the tender committee’s approval of the extension of the Israel Nature and Park Authority’s engagement with Elad on the basis of the 2005 agreement should be halted, and that the legal adviser of the Israel Nature and Parks Authority should examine the various components of the new agreement and bring those requiring preparation of tender approval to the competent authority—as he sees fit—or call for an exemption from the tender process, should this be the case, in accordance with regulations.” The decision will take effect on January 11, 2012 to allow for the continuation of site operations.

The petition, filed in April by Ir Amim, represented by Attorney Michael Sfard, Attorney Ishai Schneidor and Attorney Carmel Pomerantz, claims that the February decision of the INPA’s tender committee to extend its 2005 contract with Elad to operate the City of David without a tender is invalid; in part, because of an earlier petition filed by Ir Amim that caused significant changes to the contract, resulting in a new agreement that significantly reduced Elad’s powers and stipulated that the contract could not be renewed without the issuance of a tender.  It was also claimed that the exemption from tender was not made by the appropriate authorities and that it was made without allowance for equal consideration of other prospective operators and despite criticism against the long-term management of the park by a politically controversial entity [the Elad settler organization].  

The current ruling is based heavily on Ir Amim, et al’s Supreme Court 2010 petition against the INPA, Jerusalem Municipality and Elad (5031/10), conducted for two years.  During hearings, Elad’s contract to manage the City of David was exposed, revealing INPA’s granting of de facto management authority to Elad as well as the authority to veto any development or activity on the site.  The Supreme Court ordered the INPA to formulate a new contract that would significantly reduce Elad’s authority from de facto site management to responsibility for daily operations.  During the hearings, the INPA continued its engagement with Elad on the basis of the new contract, without a tender.  Ir Amim representatives cautioned the judges against the lack of tender.  As a result of the new contract, the Supreme Court rejected Ir Amim’s petition but indicated that its ruling did not refer to the issue of tender exemption and that the issue should be clarified separately in an administrative petition to the District Court.  Today the District Court issued its ruling, ordering the cancellation of the tender committee’s decision.

In response to today’s judgment, Ir Amim executive director Yudith Oppenheimer commented:  “Today’s verdict stops a chain of illegal decisions which over the years has granted authority to Elad, an extremist right-wing organization, to control a public site with deep historical and cultural significance for people throughout the world while damaging the lives of the residents of Silwan and the possibility of a future political solution to the conflict.”

For all inquiries, please contact:

Betty Herschman
Director of International Relations & Advocacy
Ir Amim (“City of Nations”)
27 King George St. POB 2239
Jerusalem, Israel 94581
Work: 972-2-6222-858 x106
Cell: 054-308-5096
betty@ir-amim.org.il