The Jerusalem District Court on Monday rejected National Security Minister Itamar Ben-Gvir’s request to delay the implementation of a recent ruling ordering the promotion of police officer Rinat Saban, finding that further postponement could deepen the harm already caused both to the officer and to the public interest in an independent police force.
In the decision, handed down by Judge David Gidoni, the court held that the mere filing – or even stated intention to file – an appeal does not in itself justify freezing a judgment, and that Ben-Gvir had failed to meet the two-pronged legal test required to do so: demonstrating both strong chances of success on appeal and a balance of convenience that tilts in favor of delay.
On that second prong, the court was unequivocal.
Saban’s promotion has already been held up for more than 10 months. Granting a stay until the appeal is decided – on an unknown timetable – would only prolong the damage to her personally, the ruling said. Just as importantly, the court added, such a delay could intensify concerns about harm to the public interest in police independence and create a chilling effect on investigative bodies.
The court also rejected the minister’s argument that promoting Saban now would create an irreversible situation, saying that advancing her rank would not prevent the decision from being reversed if the appeal is ultimately accepted.
Ben-Gvir had also argued that there were concerns regarding Saban’s suitability for the role. But the court described that claim as difficult to reconcile with the record, noting that the minister himself had previously approved her appointment as assistant to the head of the Investigations and Intelligence Division at the rank of superintendent without reservation. Police Commissioner Daniel Levy has also expressed the view that she has been successfully fulfilling the role for months.
In practice, the court suggested, even under the minister’s own position, Saban would continue serving in the post pending the outcome of the appeal – further weakening the argument that immediate promotion would cause material harm.
The decision also casts doubt on the prospects of the planned appeal itself. In his request, the minister largely reiterated arguments that had already been rejected in the original proceedings, without substantively engaging with the court’s findings. Nor, the ruling said, had he shown that the appeal had a real likelihood of success.
The court also addressed materials the minister attached to his reply from a motion filed by Prime Minister Benjamin Netanyahu’s advisers in a separate criminal case, which includes allegations against the investigative unit and against Saban personally.
Those claims were not raised during the original proceedings or in the minister’s earlier communications about her promotion, and it remains unclear whether they can be introduced at the appeal stage. In any case, the court noted that the panel hearing that criminal case has not yet ruled on them.
Ministerial authority over police personnel decisions questioned
The promotion dispute has unfolded against the backdrop of a broader standoff between the political leadership and senior law enforcement officials over the scope of ministerial authority in personnel decisions within the police force. This flashpoint has drawn scrutiny in recent months amid investigations touching on figures close to the Prime Minister’s Office.
Petitioners, including the Movement for Quality Government in Israel and a group of former police commissioners and commanders, argued that the minister’s refusal to approve Saban’s advancement amounted to an improper intervention in operational matters tied to ongoing investigative work. Attorney-General Gali Baharav-Miara has backed that position, warning that such involvement risks undermining both professional independence and public trust.
The ruling leaves the earlier judgment in force for now, even as Ben-Gvir moves ahead with plans to appeal.