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When the ministerial meeting ended, leaders of political parties represented in the Cabinet of
Ministers took the lift to the upper floor for a meeting with President Sirisena. It so happened
that Premier Wickremesinghe who earlier sought to have some of the impugned provisions in
the Bill enshrined in the Constitution and Minister Patali Champika Ranawaka, General
Secretary of the Jathika Hela Urumaya (JHU) who was opposed, were ascending together in the
same lift. Looks like even the Supreme Court is on the side of the JHU, quipped
Wickremesinghe to Ranawaka. The latter later told his party members about the humorous
remarks. Lawyers representing the JHU contested the UNP-backed positions before the
Supreme Court.
Sirisena, who chaired the meeting, first gave details of the SC order. Those gathered heard
Wickremesinghe say he would exclude provisions that required a referendum and move the
remaining constitutional amendments. Sirisena was in agreement and declared that the SC
ruling should be followed. He said the amendments which did not require referendum should
be debated to a finish in the House on April 20. He would thereafter dissolve Parliament, he
added. Sirisena expressed disappointment that a section of the SLFP parliamentarians had
voted against a motion by Finance Minister Ravi Karunanayake to increase the threshold on the
borrowing limit for Treasury Bills to Rs. 400 billion. There is no point in dragging this on.
Parliament has to be dissolved. Then they will all fall in line, declared Sirisena.
Diplomatic community confused
Other than at closed door events, Sirisena has not been commenting publicly on key political
issues confronting his Presidency and the Government. The fact that he had maintained stoic
silence on matters relating to 19A had been a talking point not only in political circles but also
in the Colombo-based diplomatic community. As a result, they were unable to discern which
statement or utterances from Government leaders represented official policy and which did not.
In the diplomatic circles in particular, there were concerns over what they perceive as a drift
towards instability and lack of governance. That it came from parties that campaigned at the
January 8 presidential elections on the main plank of good governance was cause for worry
for them.
The point was underscored by Foreign Minister Mangala Samaraweera at the Wednesday night
meeting. He said the Sri Lanka Embassy in Washington DC had reported on the possibility of
an early visit to Sri Lanka by US Secretary of State John Kerry. In addition it also indicated that
there were prospects of even a visit by President Barrack Obama. These were not only the
outcome of a regime change at the presidential election in January. A return to democracy with
constitutional changes, good governance and the planned parliamentary elections were major
contributory factors that were encouraging these visits. Sri Lanka Muslim Congress (SLMC)
leader and Urban Development Minister Rauff Hakeem proposed that President Sirisena makes
the first speech when 19A is tabled in Parliament. He said this would be a good start to garner
support for the passage of the amendment.
Hakeem has also been pushing for a tie up between the UNP and the SLFP for the next
parliamentary elections. He has proposed that the two parties, like during the presidential
election, work out arrangements to contest under a common symbol like the Swan. Though not
on the same lines, a similar proposal to contest on the Swan symbol was also made earlier this
month by Finance Minister Karunanayake at a meeting of the UNP Working Committee. He
argued that the party would have an advantage. In terms of Hakeems proposal, discussed by
him first with Sirisena during a visit to China where he was a member of the official entourage,
there should be an electoral arrangement on how the two parties would contest seats.
Taking part in the Wednesday night discussions were: UNP Premier Wickremesinghe,
Foreign Minister Mangala Samaraweera and Highways and Investment Promotion Minister
Kabir Hashim; SLFP: Nimal Siripala de Silva SLMC: Rauff Hakeem TNA: Rajavarothayam
Sampanthan and M.A. Sumanthiran ACPP: Rishad Bathiuddin; JVP Anura Kumara
Dissanayake and Vijitha Herath.
Foreign Minister Samaraweera is one of those who said the proposal should be further studied.
Whether the SLFP, which Sirisena has begun to lose control of, would be receptive to such a
proposal remains a critical question. His grip on the SLFP has been lessening by the week. The
first shock came when party members defeated the motion to increase the Treasury Bill
threshold. Then came a petition to the Speaker signed by 66 parliamentarians urging the
recognition of Mahajana Eksath Peramuna (MEP) leader Dinesh Gunawardena as the Leader of
the Opposition. The fact that a formidable faction was now backing Gunawardena, a strong
campaigner for former President Mahinda Rajapaksas return to politics, was certainly not good
news for Sirisena. On top of that, news reached the President that Rajapaksa loyalists have now
launched a grassroots level campaign to drum up support countrywide. On Friday, Tamil
National Alliance (TNA) leader Rajavarothayam Sampanthan handed over a letter to Speaker
Chamal Rajapaksa claiming that the post of Leader of the Opposition should be for the TNA.
He said, .the Government today is composed of both the UPFA and the UNP, disentitling
both of those parties from occupying the seat of the Leader of the Opposition. No member of
parliament elected from the UPFA or the UNP can be the Leader of the Opposition. This clearly
is the legal position as well as one that accords with parliamentary tradition, both of our
country and the Commonwealth. The resultant position is that it is the ITAK that is entitled to
the post of the Leader of the Opposition, having 14 members of parliament. The DNA has 7
members, one of whom is also a Cabinet Minister now.
Views of Parliament Secretary General
On Thursday, party leaders met Speaker Chamal Rajapaksa to discuss the business before the
House in the coming days. Representing the SLFP were Opposition Leader Nimal Siripala de
Silva and UPFA General Secretary Susil Premajayantha. The latter, contrary to Sirisenas
assertion for a one day debate to a finish on constitutional amendments, urged that two days be
allocated. That was accepted. It would be on April 20 and 21. It was at this meeting that some
important aspects relating to the upcoming two-day debate surfaced. The first reading of the
19A Bill is already over with its presentation in Parliament. It was Parliament Secretary
General Dhammika Dassanayake who revealed an important aspect. He expressed the view that
the second reading would require a two thirds vote for the Bill to pass without any
amendments. However, the voting that follows during the third reading or Committee stage
(where amendments are moved) would require only a simple majority. This is where the Bill
comes up for approval clause by clause. Though these were not expressly stated in the
Constitution or the Standing Orders, it has remained the convention. Amendments from
different parties to 19A are to be received by the Secretary General of Parliament until 11 a.m.
on April 20. In addition, representatives of political parties will meet Speaker Chamal
Rajapaksa at 11 a.m. on April 21 (whilst the debate is under way) to discuss matters relating to
the final vote.
Whether the planned dissolution of Parliament and early elections would be the end of his woes
from dissidents within the SLFP is an important question for Sirisena. On the one hand, he may
feel that such dissidents could be deprived of nominations and replaced. Yet, that would isolate
him from the party old guard. On the other, it is the very fear of nominations being denied that
has driven some to the Mahinda Rajapaksa camp. Notwithstanding repeated accusations during
the presidential poll campaign that some of these parliamentarians were corrupt or were bribe
takers, little substantive action has followed with the Government being in office for 94 days
until today. The stock answer from the UNP leadership has been that the law should take its
course. This is despite investigating agencies having found substantial evidence in respect of
some important cases. It is under these circumstances that Rajapaksa is seeking to emerge as
Prime Ministerial candidate. Sources close to the former President say he has not ruled out the
formation of a new political alliance should he be denied a place in the SLFP.
It is in this backdrop that President Sirisena has been somewhat forced to make his own views
on the current political happenings public. He told a gathering at the National Education
College at Pulathisipura in Polonnaruwa this week that 19A would be presented to Parliament
on April 21 and that Parliament would be dissolved after its passage into law. He is of course
keeping by the time table set out by his coalition partners to dissolve in early May (possibly
May 5) and conduct polls in late June (possibly June 27). Whether the new political
developments will make it possible remains a question. However, Sirisena did not say what
happens if the House does not pass the 19A due to the lack of a two third vote. The question
looms large particularly in the wake of the insistence by SLFP parliamentarians that electoral
reforms should be introduced at the same time as the 19A. Otherwise some have refused to take
part in the debate.
Electoral reforms formed the subject of discussion at an hour-long SLFP parliamentary group
meeting held in the Parliament complex. It was chaired by President Sirisena who agreed that
both the constitutional changes as well as electoral reforms should be introduced together in the
19th Amendment. A four-member committee headed by Opposition Leader de Silva has been
tasked to formulate the electoral reforms to be incorporated in the 19th Amendment. Other
members are Mahinda Samarasinghe, Dilan Perera and G.L. Peiris. Samarasinghe and Perera
are in the Government. The Committee members met with the Commissioner of Elections on
Friday evening for a discussion. The Commissioner held the view that reforms leading to the
creation of 250 seats in Parliament could be worked out within two months. That input will be
a highlight of the reform package the SLFP is formulating. The SLFP wants to bring electoral
reforms as part of 19A during the Committee Stage. The constitutionality of the provisions will
thus be determined only by a representative of the Attorney General, as is the usual procedure.
He will be present in Parliament.
Of course, with some 113 MPs who are supporting them, its passage with a simple majority
would be quite easy for the SLFP. Besides the UNPs some 40 MPs, at least six SLFPers are
known to want to join their fold. Yet, the numbers would be hardly sufficient even if the 26
parliamentarians who have accepted portfolios vote in favour. Moreover those who have
accepted Deputy and State Ministerial positions complain that no subjects have still been
assigned to them. As one witty senior UNPer remarked, whichever way the reforms go
Maithri is the winner. If the 19A bill is not passed, he will continue to enjoy the presidential
powers. If it is passed with the trimmed powers and an electoral reform which the SLFP likes is
introduced, that is also a credit for him. He is now with his party, he remarked. On the other
hand, he added, the UNPs contributory efforts in the 19A have been minimised.
Disappointment for the UNP
It is the absence of consensus among coalition partners that led to the inclusion of a provision
by UNP national leader Premier Wickremesinghe. That was to set up a Commission on
Electoral Reforms. Such a body was to be tasked to undertake such reforms within two months
bearing in mind the contours worked out by partners of the coalition. It is with the exception of
the SLFP whose representatives were not present when the decision was taken. This includes a
provision that the number of seats in Parliament should not exceed 250. Now that the SLFPers
want to come up with their set of electoral reforms, by virtue of their majority in Parliament
and with the President their party leader, they have wrested control of the parliamentary
agenda. Premier Wickremesinghes recommendations would have to be now dropped. The
move means that most of the constitutional changes the party sought have either been rejected
by the Supreme Court on grounds that they require a two thirds vote and a referendum, or
would be stymied at the Committee stage by the SLFPs own amendments.
JHU General Secretary and Minister Patali Champika Ranawaka declared at a news conference
on Friday that his party also wanted the constitutional changes and the electoral reforms
introduced together. He said, The electoral reforms are very important. We should take a
policy decision regarding these reforms. This needs to be changed during this period. The
Commissioner of Elections has made certain proposals. Based on these proposals we should
take a policy decision. We should not stick to the traditional slogans political parties have been
holding on to. The Commissioner has made four different proposals. We should select one of
them. Therefore, for the sake of the country we should bring the 19th Amendment, in keeping
with the Supreme Court ruling.
It was no doubt disappointment for the UNP-dominated Government that provisions the UNP
sought to include in the Constitution were dismissed by the Supreme Court on the grounds that
they require a referendum. The SC held that permitting the Prime Minister to exercise
Executive power in relation to the six paragraphs dealing with the Executive had to be struck
down as being in excess of authority and violative of Article 3 of the Constitution. This
article says that In the Republic of Sri Lanka sovereignty is in the People and is inalienable.
The sovereignty includes the power of government, fundamental rights and the franchise.
The six paragraphs referred to are:
The Prime Minister shall be the head of the Cabinet of Ministers (42 -3)
The Prime Minister shall determine the number of Ministers of the Cabinet of Ministers, and
the Ministries and the assignment of subjects and functions to such Ministers (43 1)
The Prime Minister may at any time change the assignment of subjects and functions and
recommend to the President changes in the composition of the Cabinet of Ministers. Such
changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its
responsibility to Parliament.(43 3)
The Prime Minister shall determine the subjects and functions which are to be assigned to
Ministers appointed, and the Ministries, if any, which are to be in charge of, such Ministers. (44
2)
The Prime Minister may at any time change any assignment made. (44 3)
At the request of the Prime Minister, any Minister of the Cabinet of Ministers may by
Notification published in the Gazette, delegate to any Minister who is not a member of the
Cabinet of Ministers, any power or duty pertaining to any subject or function assigned to such
Cabinet Minister, or any power or duty conferred or imposed on him or her by any written law,
and it shall be lawful for such other Minister to exercise and perform any power or duty
delegated notwithstanding anything to the contrary in the written law by which that power or
duty is conferred or imposed on such Minister of the Cabinet of Ministers. (44 5)
Another clause which the SC held violates the Constitution is the appointment of a Competent
Authority (Clause 26) to monitor state or private broadcasting networks that contravene
regulations issued by the proposed Election Commission. This clause makes provision for the
takeover of such ventures until the conclusion of an election. The SC held that The Election
Commission has been vested with untrammelled power and the eligibility and suitability of the
members would be of paramount consideration in the public interest. There does not appear to
be a mechanism where an aggrieved citizen could impugn and challenge an appointment of a
Competent Authority that is not fitting. We are therefore of the view that the functions of the
Competent Authority would directly affect and have a bearing on the franchise of the people
and the process of selection of the representatives of people which has a direct nexus to the
exercise of the sovereignty of the People. Hence, the SC said that this Clause violates the
Constitution and therefore has to be approved by a Referendum.
Objections were raised on that provision by stakeholders before 19A was presented to the SC,
but the Government was in no mood to listen. Other provisions which the SC has said could be
approved with a two thirds vote includes amendments relating to right to information, reducing
the term of office of the President, placing a two-term limit on a person holding office as
President, provision of an acting President, instances where Presidential immunity will not
apply and provisions relating to the Independent Commissions (to be appointed based on the
recommendations of the Constitutional Council).
Despite the Supreme Court ruling Premier Wickremesinghe was upbeat. We will seek a
mandate from the people, when we go for parliamentary elections, to set up a connstituent
assembly to formulate a new Constitution. It will seek to replace the presidential system with a
Prime Minister, he told the Sunday Times. He is now sharing his time between official
responsibilities and party headquarters Siri Kotha making preparations for the upcoming polls.
This includes the appointment of party organisers, identifying prospective candidates and
strengthening grassroots level organisations.
Presidential election abuses
It is amidst an impending parliamentary election that more details of abuses and irregularities at
the January presidential election are now emerging. A shocking revelation is how the assets of
Sri Lanka Air Force (SLAF) were allegedly used like a local taxi service by former President
Mahinda Rajapaksa, his family members and a few onetime ministers during the presidential
election campaign. Helicopters and fixed wing aircraft were allegedly used and abused at their
will and pleasure. At the end of it all, no payments have been made to the SLAF for these
flights. The costs of these flights, an SLAF source said, would run into millions of rupees
which the taxpayers would have to meet. The source said all the costing had been done from
the point from which the aircraft or helicopter took off until it returned to the same location. In
the case of helicopters, they left the SLAF base in Ratmalana and often landed in Colombo to
pick up the VVIPs and VIPs. Our costing procedure includes the point of origin, locations
visited and the return to where the flight took off from, said the source who did not wish to be
identified. He is barred from officially talking to the media.
Former President Mahinda Rajapaksa used different types of helicopters and Chinese built Y-12
passenger transport aircraft on 71 flights during the period December 1, 2014 to January 9,
2015. All these flights, barring the last, were to take part in election rallies though a few were
linked to official engagements. Of course, one might argue these flights were enjoyed by a
serving President since he is also the Minister of Defence and Commander-in-Chief of the
armed forces. Yet, the question remains whether it was both ethical and fair when his rival
Maithripala Sirisena was not permitted to use the SLAF assets. Yet, there were others who were
not entitled to this privilege but have taken free rides on SLAF helicopters. One such case is
Namal Rajapaksa, MP.
Others included, former ministers Basil Rajapaksa, Wimal Weerawansa, Susil Premjayantha,
North Western Province Chief Minister Dayasiri Jayasekera, and a person identified only as S.
Manamendra who went on an unpaid Bell 412 helicopter flight from Ratmalana to Colombo,
Ginigathhena, Colombo and return to Ratmalana. There were also SLAF flights used by the
then first lady, Shiranthi Rajapaksa, for which payments have not been made. One such flight
on December 12 last year, shocking enough, was from Ratmalana to Maharagama and back,
not more than five kilometres.
Namal Rajapaksa, the son of former President Rajapaksa, made 25 flights during this period.
SLAF records seen by the Sunday Times confirm that no payments for these flights had been
made until yesterday. As the Parliament is set to debate the 19A next week, there is little doubt
that dissolution will not be on April 23 the deadline set by the UNP. Of course, the UNP has
agreed to allow a short extension. However, UNP leaders feel the longer it takes the worst it
would be for the party politically.
With many pledges made during the presidential election campaign yet unfulfilled, both the
Presidency and the UNP-dominated Government have come in for strong public criticism.
Even if he is finding it difficult to control the SLFP parliamentarians, President Sirisena sits
pretty. He will enjoy more powers than what he thought when he was elected. But the prospects
of a rapid re-emergence of Mahinda Rajapaksa, plotting and planning his next move, should
remain a worry for the incumbent President as he gradually loses his grip on his Mps.
Abuse of SLAF: Sky was the limit for the Rajapaksa family; millions not
paid
The Sri Lanka Air Force is yet to receive payments for flights offered to members
of former President Mahinda Rajapaksas family and former Ministers of his
Government.
The rates were charged from the point of departure of the aircraft/helicopter
from the SLAF base in Ratmalana. Until yesterday the SLAF has not received any
payments for these flights. Here are some of those who took the flights:
Namal Rajapaksa MP
December 1, 2014 SLAF Bell 412 helicopter to fly from Ratmalana to Colombo,
Mattala and return to Ratmalana.
December 3, 2014 SLAF Bell 412 helicopter to fly from Ratmalana to Koggala,
Tangalle, Colombo and return to Ratmalana.
December 7, 2014 SLAF Bell 412 helicopter to fly from Ratmalana to Colombo,
Tangalle, Wellawaya, Hambantota, Colombo and return to Ratmalana.
December 9, 2014 Harbin Y 12 transport aircraft to fly from Ratmalana to
Mattala, Bandaranaike International Airport and return to Ratmalana.
December 11, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Ratnapura, Kandy, Colombo and return to Ratmalana.
December 12, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Hambantota, Wellawaya, Hambantota, Koggala, Bandaranaike International
Airport and return to Ratmalana.
December 14, 2014 Harbin Y 12 transport aircraft to fly from Ratmalana to
Katunayake, Anuradhapura, Bandaranaike International Airport and return to
Ratmalana.
December 15, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Ratnapura and return to Ratmalana.
December 16, 2014 Harbin Y 12 transport aircraft to fly from Ratmalana,
Mattala, and return to Ratmalana.
December 17, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Palavi, Mannar, Colombo and return to Ratmalana.
December 21, 2014 Harbin Y 12 transport aircraft from Ratmalana, Vavuniya
and return to Ratmalana.
December 22, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Galgamuwa and return to Ratmalana.
December 24, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Tangalle, Koggala, Tangalle, Colombo and return to Ratmalana.
December 25, 2014- Y12 Harbin transport aircraft from Ratmalana to Ampara.
December 26, 2014 Y12 Harbin transport aircraft to fly from Ampara and
return via Katunayake to Ratmalana.
December 27, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Deraniyagala and return to Ratmalana.
January 1, 2015 Bell 412 to fly from Ratmalana to Koggala, Tangalle,
Kurunegala and return to Ratmalana.
January 2, 2015 Bell 212 helicopter to fly from Hingurakgoda to Kekirawa,
Aralaganwila and return to Hingurakgoda.
January 4, 2015 Harbin Y 12 transport aircraft to fly from Ratmalana to
Kankesanthurai (Jaffna), Mattala and return to Ratmalana.
January 5, 2015 Bell 412 helicopter to fly from Ratmalana to Wirawila,
December 21, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
Moneragala, Wellawaya, Buttala and Koggala and return to Ratmalana.
December 21, 2014 Harbin Y 12 from Ratmalana to fly to Koggala and return to
Ratmalana.
January 1, 2015 Bell 412 helicopter to fly from Ratmalana to Colombo, Kandy,
Colombo and return to Ratmalana.
January 2, 2015 Bell 412 helicopter to fly from Ratmalana to Kandy, Kantale,
Sigiriya and return to Ratmalana.
January 2 2015 Harbin Y 12 transport aircraft from Ratmalana to Hingurakgoda
and return to Ratmalana.
January 5 2015 Mi 17 transport helicopter to fly from Ratmalana to Colombo,
Wirawila, Matara, Ambalangoda, Matugama and return to Ratmalana.
Susil Premajayantha, former Minister of Environment and Renewable
Energy
December 30, 2014 Bell 412 helicopter to fly from Ratmalana to Colombo,
China Bay, Kantale, Valachchenai and Hingurakgoda. Night stop.
December 31, 2014 Bell 412 helicopter to fly from Hingurakgoda to Ampara,
Colombo and return to Ratmalana.
January 2, 2015 Mi-17 helicopter to fly from Ratmalana to Colombo, Palaly,
Jaffna, Vavuniya, Mannar and return to Colombo.