Premier Yitzhak Rabin apparently decided today that he will remain in office until a new government is formed after the May 17 elections although according to some legal circles, the law that forbids a minister’s resignation from a caretaker Cabinet contains a loophole that could have relieved Rabin of his duties.
Rabin said that “in view of” the legal opinion presented by Attorney General Aharon Barak to the Cabinet yesterday, he “decided to stay on.” The Cabinet met briefly in a session that was deferred from Sunday because of the government crisis caused by Rabin’s resignation as leader of the Labor Party.
Most ministers endorsed Rabin’s decision but there was some displeasure among supporters of Defense Minister Shimon Peres who was selected to take Rabin’s place at the head of the Labor Party’s election list Sunday. Informed sources said, however, that Peres would not try to bring party pressure to bear on Rabin and would not take a public stand on the matter.
Barak told the Cabinet yesterday that “The law says that until a new government is formed, the incumbent Premier will continue to serve in office. This principle is clear and recent events cannot modify it.” There is one exception to the law in the case where a Premier is “incapable” of discharging the duties of office.
Barak said that “incapable” was open to subjective or objective interpretations, but he preferred the subjective. Legal circles said today that this meant that if Rabin so wished, he could seek to persuade the Cabinet that in light of his personal embarrassment arising from the case of his and his wife’s joint bank account in Washington, D.C. in violation of Israel’s currency laws, he was “incapable” of functioning as Premier.
Rabin chose not to use this “out,” giving rise to speculation in some quarters that he has already set his sights on a political comeback and would not cede his office to Peres any sooner than he had to. Some Labor Party sources acknowledged that Rabin’s continued tenure during the six weeks before election day could create difficulties for the party.
LAW IS UNDER SCRUTINY
Meanwhile, the law that prevents resignations from a caretaker government has come under scrutiny. Foreign Minister Yigal Allon said it was necessary because “the world doesn’t sit still” and there can be no vacuum at the top of government. But Justice Minister Chaim Zadok said there was a “conflict of interest” between the law and “the right of a minister to decide for himself whether or not he wants to serve.”
Zadok said a committee of experts would study the law in light of recent experiences but would not make any recommendations before the outgoing Knesset leaves office. “This is a subject that should not be studied hastily on election eve,” Zadok said.
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