Tribute to judge Henry Shakenovsky: A South African-Israeli man of justice
The global assault to undermine Israel by the abuse of law has only intensified, and a new generation of Henry Shakenovskys is needed today more than ever.
Judge Henry Shakenovsky(photo credit: STEVE LINDE)ByDAVID E. KAPLAN“Dialogue” is the word that I associate with judge Henry Shakenovsky of Ramat Hasharon, who left this troubled world a poorer place devoid of his wise counsel on August 8 at age 95. “Resolution is best achieved by listening and understanding the other side,” he publicly expressed at a meeting over two decades ago when I first got to know him. It’s a credence that he always adhered to and followed through by example. He impacted many to follow this path, myself included.
Apexed with a wad of white hair, Henry would, like a lighthouse, illuminate any place by his presence. But it was much more his personality and erudition than his appearance that would hold the floor. Armed with a vocabulary that he masterfully marshaled to be so powerfully persuasive, it was little wonder that he excelled as a barrister/advocate at the South African Bar and in later years, even following his aliyah, as an acting judge in South Africa’s Constitutional Court. Often when I was trying to make arrangements with him, he would say, “Apologies, I will be in South Africa presiding in a case.”
I would welcome him on his return, listening to him relate cases with his off-the-cuff humor that would have me in stitches of laughter as he comically embellished in his inimitable way the facts of the case and the issues of law in both English and Afrikaans, particularly as it related to witness testimony. Having grown up in the old Orange Free State province of South Africa, Henry spoke a suiwer (pure) Afrikaans with its own nuances and humor, and he frequently teased me over my kombuis Kaapse taal (kitchen Cape dialect). Our love of the law and language was our bridge, but there was so much more.
Henry’s retirement from the bench in South Africa never impeded him from giving “opinions” or “judgments” on issues in Israel. I think back to 2005, when Israel was a society divided as it agonized over the issue of separating from the Palestinians in Gaza. There was a “them” and “us” self-imposed schism in the country and a prevailing mood of “What’s the point in talking to them? They don’t understand and never will.” This did not cut with judge Shakenovsky, who some six months preceding Israel’s evacuation of Gaza formed a group with his wife, Ruth (nee Kramer), and close friend Maurice Ostroff of English speakers from opposite sides of the political spectrum to thrash out the most divisive issue on Israel’s national agenda. Appropriately named Unity in Diversity (UiD), it was always as if a court were in session with Henry presiding. In the absence of a gavel, “Judge Shakenovsky” nevertheless maintained order as vociferous debate ensued.
Comprising mainly former immigrants from South Africa, North America, and the UK and from both sides of the Green Line, we exchanged views on issues that were dividing the nation. At the first meeting, Henry introduced his vision with the following: “We aim to explore whether there are shared values which, despite our differences, could unite us.” What followed were tough meetings held alternately in “safe zones” in central Israel, followed by visits in armored buses to communities in Judea and Samaria or the “West Bank” as some participants insisted on calling it. Participants were at loggerheads over fundamental issues. Even the choice of words by a participant could cause a furor. Was the disengagement from Gush Katif in Gaza an “evacuation” or an “expulsion”? Although at times feeling trapped in a verbal minefield, Henry Shakenovsky was masterful at handling the situation.
ISRAELI SECURITY FORCES evacuate an opponent of the Disengagement plan from Kfar Darom in the Gush Katif settlement bloc in August 2015. (credit: NIR ELIAS / REUTERS)MKs back then were no better at setting an example than they are today, and Unity in Diversity under Shakenovsky’s co-leadership sought to create a fresh dynamic of intellectual discourse. “Our aim,” asserted Henry, “was never to try to change the views of the other side but to establish a forum for dialogue where people would be free to express their views to an audience that would listen.”
There was something poetically poignant here because Henry’s birthplace in South Africa was a dorp [small town] named Vrede, which in Afrikaans means “peace.” This name arose following a bitter feud between the early Afrikaner settlers of the area as to where the town should be located. A compromise was finally reached, and peace among those early citizens was achieved – hence the name Vrede. It is that dialogue and compromise that drove Henry to constantly seek the ultimate prize of vrede and shift away from the paradigm of “them” and “us.” What was most disquieting to Henry was what he eloquently termed “the dislike of the unlike.”
Henry Shakenovsky has sadly left the world stage, which since the October 7 massacre has worsened as it pertains to the Jewish state and Jews around the world. The global assault to undermine Israel by the abuse of law has only intensified, and a new generation of Henry Shakenovskys is needed today more than ever. A mensch and community man (he served on the executive of Beth Protea, the retirement home for Southern Africans in Herzliya), Henry will be missed by family, friends, and colleagues. Condolences to his wife, Ruth; daughter Jill Cohen in Israel; sons Brian and Richard in Australia; and their families. ■
