News
DEW expects those formulating new Constitution to address NL issue
…reiterates 99A didn’t pass Committee Stage
By Shamindra Ferdinando
Former General Secretary of the Communist Party D. E. W. Gunasekara says the nine-member committee of experts formulating the new Constitution should take remedial action in respect of the National List introduced in terms of the 14th Amendment with unauthorised sections inserted thereinto.
Gunasekera told The Island that the then Speaker E.L. Senanayake had inserted a section that hadn’t been approved by the House, at the Committee Stage. Obviously, the Speaker had done so at the behest of then UNP leader and President J.R. Jayewardene, Gunasekara said.
The veteran Communist, who once represented the Opposition in the Parliamentary Select Committee on Franchise and Elections, stressed that what the Speaker had ratified was certainly not the 14th Amendment endorsed by the Parliament. He said that no less a person than the late Prime Minister Ranasinghe Premadasa, who chaired the PSC, in response to query raised by Anil Moonesinghe, had assured Parliament that only those whose names appeared on the National Lists handed over to the Election Commissioner before a general election would be able to become appointed MPs.
The Island
sought clarification from Gunasekera after a President’s Counsel, responding to our news report headlined Nagananda: Ranil’s re-entry inconsistent with Constitution with strap line ‘SC to be moved against allegedly unauthorized changes in 14-A’ said that when enacting legislation it didn’t matter whether it is in accordance with PSC (in this case PSC on Franchise and Elections) recommendations or not. The PC said: “The question is whether an amendment was moved at the committee stage and whether it was approved. If the constitutional provision is different from the Bill provision then the question is whether the amendment was moved. PSC recommendation is not relevant to the issue at hand.”
According to Gunasekera, two of those who represented the PSC on Franchise and Elections are still members of parliament––MEP leader Dinesh Gunawardena and UNP leader Ranil Wickremesinghe, who re-entered parliament through the National List. They could easily reveal that Section 99A in the present Constitution hadn’t been passed at Committee Stage, he added.
Gunasekera said that attorney-at-law and civil society activist Nagananda Kodituwakku had moved the Supreme Court on his behalf in 2015 when the then President Maithripala Sirisena accommodated defeated candidates Vijith Vijithamuni Zoysa, S.B. Dissanayake, Mahinda Samarasinghe, Lakshman Yapa Abeywardena, Thilanga Sumathipala, Angajan Ramanathan and M.L.A.M. Hisbullah through the National List at the expense of those who were on the UPFA NL. Former CP General Secretary said that he had sought the SC intervention as he had been deprived of a NL slot.
However, almost all SC judges recused themselves from hearing the case and finally the then Chief Justice K. Sripavan dismissed the case.
Gunasekera said that the committee headed by Romesh de Silva, PC could easily check with Speaker’s Office whether Section 99A now in Constitution had been approved at the Committee Stage. Declaring that it was not a Herculean task, Gunasekera urged the five-member Election Commission, too, to verify that matter.
Both Gunasekera and lawyer Nagananda Koditiwakku said that certified sections at issue could be obtained from the Office of the Speaker. The following is the relevant section approved by the Parliament: “Where a recognized political party or independent group is entitled to any seat under such apportionment, the Commissioner shall require the Secretary of such political party or group leader of such independent group to nominate persons, qualified to be elected as Members of Parliament, to fill such seats and shall declare elected as Members of Parliament, the persons so nominated. However, at the behest of the then President, Speaker included within brackets the following section which hadn’t passed the Committee Stage: “(Being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or in any nomination paper submitted in respect of any electoral district by such party or group at that election.)”
Gunasekera said that the other significant change introduced by the Speaker at the President’s behest was the provision for political parties to name their NL members within a week after being informed in writing by the Election Commissioner the number of seats secured.
Gunasekera said that he was really sorry he had not taken it up before 2015 general election. The veteran politician said that all political parties including CP could not absolve themselves of the responsibility for their failure to take remedial measures. Responding to another query, Gunasekera pointed out that Wickremesinghe’s swearing in as an MP was questionable as the party hadn’t named him within the stipulated week though he qualified by being on the UNP Colombo District list.
Lawyer Koditiwakku said that he had recently written to Chairman of the Election Commission Nimal Punchihewa following the latter’s recent declaration (in response to a query raised by The Island) that there was no constitutional impediment to Basil Rajapaksa entering parliament through the SLPP National List. Kodituwakku said that the former Minister hadn’t been in the SLPP National List or any district list therefore couldn’t enter parliament. Punchihewa said that the law (99A) was silent on appointments made after a NL member quit and there were previous instances of accommodating those not on the NL or those who unsuccessfully contested the general election.
News
Where is Gnanasara Thera?Police pass buck to court
by Norman Palihawadane
Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara Thera’s whereabouts have remained unknown since the Supreme Court, on Monday, annulled a presidential pardon granted to him in 2019.
Prison officers visited the Thera’s temple in Nawala, Rajagiriya, to take steps to return him to prison to serve the unexpired portion of his six-year sentence. However, monks at the temple had reportedly informed the officials that they were unaware of his whereabouts.
Police spokesman ASP F.U. Wootler said a separate court order was required for the police to trace the Thera, or assist in taking him into prison custody. No such order had been issued so far, he claimed.
Meanwhile, sources close to Gnanasara Thera said he was expected to attend a book launch in Colombo tomorrow (17),
The development follows the Supreme Court declaring the 2019 presidential pardon granted to Gnanasara Thera, by then President Maithripala Sirisena, null and void.
A three-member Supreme Court bench held that the pardon had been granted arbitrarily and violated public trust and principles of natural justice.
Gnanasara Thera had been serving a six-year prison sentence for contempt of court when the then President Sirisena granted him the pardon, in May, 2019. He had served only about nine months of the sentence at the time.
With the pardon annulled, the original sentence remains in force and the Thera is now required to serve the balance of his six-year term.
The Supreme Court ruling has raised questions over the procedure to be followed to return him to prison, with police and prison authorities yet to take custody of him.
News
Russian citizens in Lanka to vote in State Duma elections
Russian citizens residing or temporarily visiting Sri Lanka will have the opportunity to cast their ballots in the elections to the State Duma of the Federal Assembly of the Russian Federation on September 20.
The Embassy of the Russian Federation in Sri Lanka said polling would be held at polling station No. 8338 at the Russian Embassy, 404, Bauddhaloka Mawatha, Colombo 07.
The polling station will be open from 8 a.m. to 8 p.m. on September 20, according to the Embassy.
Russian citizens aged 18 and above, including those permanently residing in Sri Lanka and those temporarily visiting the country, are eligible to vote, the Embassy said.
Voters are required to visit the polling station during its operating hours and produce documents certifying their Russian citizenship.
The Embassy said prior registration was not required to participate in the voting.
The election will be held to elect deputies to the ninth convocation of the State Duma, the lower house of Russia’s Federal Assembly.
News
Euro 110,000 research drive to tackle plastic waste in food sector
Plastic waste is a growing challenge for Sri Lanka’s food sector, yet important gaps remain in understanding where and how single-use plastics are used, how they move through food value chains, and where interventions could have the greatest impact.
Through the European Union-funded CIRCULAR project, new research will help address these gaps by generating evidence to inform policy, business practices and more sustainable choices. Three research grants, totalling €Euro 110,000, will support university-led studies by research teams from the Faculty of Agriculture at the University of Ruhuna, and the Faculty of Medicine and Faculty of Computing at the University of Kelaniya.
Together, the studies will examine the use, flow and impacts of single-use plastics (SUPs) across selected food and beverage value chains in the Colombo and Galle Districts. The research will also seek to identify practical opportunities to reduce plastic use, promote more sustainable alternatives and strengthen circular economy practices.
At present, available data on plastic waste in Sri Lanka, particularly single-use plastics, do not provide sufficient detail on the sectors, sources and types of plastics involved. This limits the ability of policymakers, businesses and other stakeholders to pinpoint where plastic use can be reduced most effectively and to assess which interventions could deliver the greatest impact. The new research will help provide a more detailed understanding of these patterns, supporting more targeted and evidence-based action.
The three research teams will use a combination of data collection, waste-flow mapping, environmental and public health assessments, and life-cycle approaches to examine these challenges from different perspectives. The findings are expected to help identify opportunities to reduce plastic use, improve resource efficiency and promote more sustainable packaging and waste management practices.
The research grants are part of the CIRCULAR project’s broader efforts to support Sri Lanka’s transition towards more sustainable production and consumption in the food sector. Alongside research and evidence generation, the project works to raise awareness, encourage behaviour change and support approaches that move away from the traditional “take, make and dispose” model towards a more circular economy.
Circular Economy in the Food Sector (CIRCULAR) project is a three-year initiative focused on reducing food loss and food waste (FLW) and Single-use plastic (SUP) waste in the Food Sector in Sri Lanka. Funded by the European Union, and partially co-funded by the German Federal Ministry for Economic Cooperation and Development (BMZ), the project is jointly implemented by Expertise France (EF), the Food and Agriculture Organisation (FAO) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.
By strengthening the evidence base on single-use plastics, the research is expected to provide a stronger foundation for practical action, helping decision-makers, businesses and other stakeholders better understand where change is needed and how more sustainable solutions can be put into practice.
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