A legal battle is underway in the Western Cape High Court over the management of the Mauerberger Foundation Fund (MFF), a local Jewish charity established by Morris Mauerberger, a staunch Zionist. The foundation's chairperson and director, Dianna Yach, is at the center of the dispute, with her cousin Steven Levy and brother Dr. Derek Yach, also directors, accusing her of volatile management and failure to adhere to the foundation's founding document. The MFF's memorandum of incorporation stipulates that 50% of donations must go to Israeli entities, 25% to the Jewish community in South Africa, and 25% to non-Jewish entities in South Africa.
Court papers have revealed that Dianna Yach donated R1 million to Gift of the Givers, a South African non-profit organization, to be sent to Gaza, and categorized it as part of the foundation's allocation to Israel. This has raised questions about the transparency and accountability of the MFF's grant-making processes. The Jewish Democratic Initiative (JDI), a South African non-profit organization, has also received significant funding from the MFF, despite its increasingly anti-Israel stance. The JDI has collaborated with antizionist hate groups and has blamed rising antisemitism on Israel's actions.
The MFF's Israel allocations have declined significantly under Dianna Yach's management, from 49% in 2020 to just 3% in 2024. In contrast, a single South African non-Jewish beneficiary, the University of Cape Town (UCT), received 21% of MFF grants in 2024. Dianna Yach sits on the UCT Council executive, its highest level of leadership. Levy and Dr. Yach have expressed concerns about the foundation's departure from its mandate and have asked the court to suspend Dianna Yach and two other directors from the MFF board, citing gross abuse of position, wilful misconduct, and breach of fiduciary trust.
The case has also highlighted Dianna Yach's relationships with other organizations and individuals. She has been a vocal supporter of UCT's Gaza resolutions and has donated to Gift of the Givers, which has been criticized for its antizionist stance. The JDI has defended Dianna Yach's actions, describing her as a champion of social justice. However, commentators have expressed concern about her conduct in other spheres, particularly at UCT, where she has been involved in several controversies.
The MFF's founding document, established by Morris Mauerberger, stipulates that donations must be allocated according to specific percentages. However, court papers have shown that Dianna Yach has consistently blocked attempts to allocate the mandatory donations to Israel. Levy and Dr. Yach have accused Dianna Yach of suppressing information and documents related to the foundation's funding of beneficiaries, including the JDI.
The case has sparked debate about the role of the MFF and its management. Some have expressed concern about the foundation's departure from its Zionist roots, while others have defended Dianna Yach's actions as a champion of social justice. The SA Jewish Report has reached out to Dianna Yach for comment, but she has not responded. Judgment in the case has been reserved.
The outcome of the case could have significant implications for the MFF and its beneficiaries. If the court finds in favor of Levy and Dr. Yach, it could lead to changes in the foundation's management and grant-making processes. The case has also highlighted the importance of transparency and accountability in the management of charitable organizations.
Key points
- Dispute over management of Mauerberger Foundation Fund
- Allegations of mismanagement and breach of fiduciary trust
- Court case has significant implications for charitable sector in South Africa
