Hundreds of chareidim resumed protests in Jaffa on Monday as excavations connected to the Electra Company real estate project appear to have resumed.

Electra officials on Sunday released a statement insisting it has distanced itself from the project, adding this can be confirmed with Tel Aviv Stock Exchange officials since they were notified the company is no longer connected to the project.

Attorney Kobi Amster, who represents the Eida Chareidis, explains that first of all, he is not in any way connected to any halachic decisions, nor other legal matters. He was asked to probe one matter only, that of the connection of the Electra Company to the project. He explained to Kol Chai Radio on Monday the Electra officials in the Sunday announcement were simply saying their partnership in the project was contingent on the fact that graves were no discovered at the proposed site. After the graves were discovered, Electra officials insist their role in the project has ended and any threats of a chareidi boycott are simply misplaced and unjustified.

Mr. Amster was adamant in explaining his connection is this legal opinion only, nothing else, especially in any connection to any halachic decisions pertaining to the Eida, Jaffa and the ongoing project.

SOME BACKGROUND
Many question how and why archeologists are involved in a routing real estate project to begin with. Their involvement is dictated by law, as in most/may construction projects, the state must first determine that the intended structure will not compromise antiquities or graves, and the probe is a standard first stage before heavy equipment is brought in to begin the true construction on an intended site.

The Eida maintains that if Electra was a partner in the project, and the contract indeed stipulates the company will dissolve its partnership in the project if graves are discovered, then Electra must now call for a halt to the project since the contract is voided due to the discovery of the graves at the location.

Attorney Amster explains that in the first stage, Electra denied involvement and played down its role. Amster explained to Eida officials that “contracts are not dissolved on their own” and therefore, the company must take steps to actually dissolve the contract/ partnership in the project. Eida officials feel this took about two weeks but Electra did do so, informing the other partner(s) it is no longer connected to the real estate venture. A notification was also sent to officials in the Tel Aviv Stock Exchange.

Amster now questions, strictly from a legal point of view, if the notification absolves Electra of its responsibilities regarding the signed agreement.

In conclusion, the Eida, acting on Amster’s advise, maintains the contract has not yet been canceled and Electra must bring a written document from the others involved that Electra’s partnership is nullified. He explains it is very possible that Electra corporate officials made an announcement, and sent notifications, but the other parties may have rejected it. We cannot know of Electra even has the right to back out of the legal agreement, Amster adds, explaining this is why a legal document must be presented, a statement confirming that Electra has been released from the project, signed by the other parties.

Alternatively, if there is a dispute between Electra and its partners, until such time the matter is adjudicated, the contract remains valid and therefore, Electra would indeed still be playing a role in the excavations.

Representing the other parties is Shimon (an assumed name, fearing if his identity is made known, he and his family may be targeted with threats or worse as is the case with others in the case, such as Israel Antiquities Authority officials). Shimon is one of the corporate executives of Electra.

First of all explains Shimon, he and other company officials were only made aware of the start of the excavations as a result of the chareidi protests outside the home of a company executive.

Shimon insists Electra broke away from the project over a year ago, adding the sensitivities of the chareidi community are important to the company and this contributed to the decision to bail out. Electra has no involvement in the project in any way, shape or form. The project today is being run by an American Company, RFR, which is overseeing the entire project.

Being that Electra is a public company, it was compelled to announce that it purchased 50% of the land in the project. This announcement was publicized in June 2008. It was made clear from the onset that Electra’s involvement is conditional, pending the findings of the archaeologists. Shimon maintains the ongoing excavations following the discovery of the kevarim is a violation of the contract, which is now null and void, once again stressing Electra has no involvement whatsoever.

Shimon expresses disappointment, anger and frustration over the Eida’s hard-line position, now threatening an economic boycott, explaining as public company, things take time, a notification was made to the public, the Eida and RFR, that Electra is not involved, and there is no justification for any boycott against Electra. Shimon was not able to estimate how long the process to finalize the paperwork to the Eida’s satisfaction will take.

He also hinted, albeit diplomatically, that a lawsuit may be filed against the Eida in the future seeking damages if an economic boycott is indeed launched. When asked to estimate the loss that might be incurred as a result of a boycott, he stated “I cannot measure such a loss at present, but such an estimate is also based on the future”, stressing it should be clear to the greater chareidi community that Electra has washed its hands of the project.

(Yechiel Spira – YWN Israel)