‘It cannot be defended in terms of collective responsibility of Cabinet of Ministers’

By Shamindra Ferdinando

Former Minister D. E. W. Gunasekera says dissident ministers, Vasudeva Nanayakkara, Wimal Weerawansa and Udaya Gammanpila, are right in having thrown their weight behind those who petitioned the Supreme Court against the signing of the sale and purchase agreement for the purchase of 40% of the issued share capital of West Coast Power (Pvt.) Ltd.

Seller Sri Lanka and buyer New Fortress Energy Sri Lanka Power Holding LLC signed the agreement on Sept. 17, 2021 in Colombo.

Gunasekera, who served as the General Secretary of the Communist Party from 2004 till late August 2020, has, in an article published in the party organ, Aththa, in its 02 Jan. edition, emphasised that in spite of being a member of the SLPP Cabinet, the three ministers obviously didn’t want to be respondents in the high profile case. Instead, they have taken a principled stand on the agreement, which was not subjected to proper Cabinet procedure.

Dr. G. Weerasinghe succeeded Gunasekera as the General Secretary of the CP but was denied an SLPP National List slot regardless of an understanding among constituents. First time entrant to parliamentary politics Weerasumana Weerasinghe, longstanding CP member represents Matara District. The CP backs the stand taken by the three ministers, both in and outside Parliament.

Declaring that the ministers opposed the agreement as it had been signed without following proper procedures against their conscience, Gunasekera said that their actions couldn’t be considered a violation of the collective Cabinet responsibility.

The Supreme Court will resume hearing on the case on 10 Jan. The SC bench consists of Supreme Court five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Justice Priyantha Jayawardena, Justice Vijith Malalgoda and Justice L.T.B. Dehideniya.

The case was heard on Dec 16 and 17. The five-judge-bench put off the case to January 10 after Attorney General Sanjay Rajaratnam, PC, appearing on behalf of the respondents requested that the proceedings not be resumed on Dec 21. The judges wanted to hear the case on Dec 21 and 22.

Gunasekera emphasised that against the backdrop of three Ministers decrying the agreement, President Gotabaya Rajapaksa should have given an opportunity for the cabinet of ministers to discuss the issue at hand. Had remedial measures been taken promptly, the SLPP government could have prevented the problem being exploded into a major political crisis, the former lawmaker said. Gunasekera asserted that the government blundered seriously by its failure to address concerns expressed by a section of the ministers. The former minister declared: “It is the first mistake and the first sin.”

Gunasekera explained how the absence of transparency in the sale of 40 % shares owned by the Treasury to New Fortress Energy, hasty approval of the agreement at the Cabinet level without following due procedure, bringing the power ministry under a new Minister Gamini Lokuge at the expense of Dullas Alahapperuma ahead of the finalization of the agreement, the project being a threat to the country’s sovereignty and inimical to national aspirations and finally the impact on current Geo-political situation undermined stability.

Samagi Jana Balavegaya (SJB) General Secretary Ranjith Maddumabandara, Janatha Vimukthi Peramuna (JVP) former Parliamentarians Sunil Hadunneththi and Wasantha Samarasinghe, Colombo Archbishop Malcolm Cardinal Ranjith and Ven. Elle Gunawansa thera and Viduli Sevaka Sangamaya have challenged the deal in the Supreme Court.

The former minister also examined the SLPP’s continuing failure to grasp the current crisis. Instead of realizing that their economic strategy had failed to meet the desired objectives or challenges, influential sections of the SLPP quite conveniently blamed the crisis on the Covid-19 epidemic, the ex-MP said.

Gunasekera questioned whether the government was considering a taking a turn to the right seeking a new alternative.

The outspoken politician emphasized that the SJB, the UNP and the JVP (JVP contested last general election on the Jathika Jana Balavegaya ticket) hadn’t been able to correctly ascertain the current situation, particularly against the backdrop of the crisis caused by Yugadanavi fiasco. The SJB and the UNP essentially blamed the current situation on incompetence and mismanagement whereas the JVP believed waste, corruption and misappropriation of public funds caused the deterioration of the national economy.

The former minister also drew public attention to the government altogether doing away with price controls. The runaway cost of living should be examined taking into consideration the government ending state intervention in price controls, the ex-lawmaker said, adding that those who asserted that eradication of bribery, corruption and misappropriation of public funds would be the panacea for Sri Lanka’s ills should realize how government strategy and policies contributed to the deterioration.

Gunasekera also questioned the suitability of the majority of those who had received appointments from President Gotabaya Rajapaksa. Categorizing them as believers of disastrous neo liberal policies, Gunasekera said that the current dispensation was in fact a UPFA style administration. They had proved their belief in neo liberalism through their actions, the former MP said.

The former minister declared that the vast majority of lawmakers in the Parliament couldn’t even understand the developments that had taken place since 1956 hence the deterioration of overall parliamentary standards and way of thinking. Taking a genuine anti-imperialistic patriotic stand was no longer attractive to the majority of lawmakers, Gunasekera said, adding that the current lot basically followed the policies of those elected to the Parliament in 1977.

Gunasekera also examined the differences between the current dispensation and the 2005-2015 Mahinda Rajapaksa administration that quite convincingly managed political upheavals both in and out of Parliament. The former minister said that the same couldn’t be said about the current dispensation.