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DEW expects those formulating new Constitution to address NL issue

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…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.



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Low-quality coal causes power cuts: Ex-LECO Chief

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Chandrasekera

By Shamindra Ferdinando

The use of low quality coal, over a period of time, had led to the developing crisis at the Lakvijaya Coal Power Plant (LVPP) at Norochcholai that compelled the boastful NPP government to implement power cuts, former Lanka Electricity Company (Private) Limited (LECO) Chairman Bandula Chandrasekera said yesterday.

The government imposed one-hour countrywide power cuts on 19 Oct.

Chandrasekera, now a consumer rights activist, warned that though the government declared the power cuts would be limited to three days, the situation could take a turn for the worse.

The top United Republican Front (URF) activist said so in response to the government’s claim that Saturday’s sudden drop in electricity generation at the country’s only coal-fired power plant hadn’t been caused by the quality issue of coal.

The former LEOCO Chief emphasised that the country was paying a very heavy price for the controversial procurement of low-quality coal for the 2025/2026 season.

“Procurement of low quality coal is not an allegation. It has been accepted by a seven-member committee, headed by K. L. R. C. Wijayasinghe, Additional Secretary, Energy Ministry, appointed by Parliament,” Chandrasekera said, pointing out that the government was trying to mislead the public into believing that the use of coal supplied by Trident Chemphar wasn’t the cause of the current power crisis.

The expert committee that investigated the coal scam had disclosed losses caused by substandard coal, Chandrasekera said, adding that the total losses/damages could be as much as Rs 20 bn.

Trouble erupted in Dec, 2025 when LVPP began using coal purchased from the new supplier, whose selection was challenged by the Auditor General in a special report submitted to Parliament, in April this year, he said.

Since the government entered into a deal with the Indian company, LVPP has so far received 19 ship loads of coal. An investigation conducted on the orders of the Public Utilities Commission of Sri Lanka (PUCSL) revealed that the use of low-quality coal had had a detrimental impact on the LVPP.

The Frontline Socialist Party (FSP) exposed the corrupt deal in Sept. 2025. The NPP run Parliament ignored the disclosure made by the JVP breakaway faction.

Chandrasekera said that the Committee asserted that it would cost approximately Rs 80 mn to restore the LVPP to the previous status. Responding to The Island queries, Chandrasekera emphasised the country couldn’t meet the power requirement unless the LVPP operates without hindrance. Those who had been, for whatever reason, switched to South African coal provided by the Indian supplier should be held accountable and punished, Chandrasekera said, recalling how the NPP parliamentary group defeated the no-confidence motion moved against the then Power Minister Kumara Jayakody, who later quit, as the enormity of the scam and its repercussions shook the government.

Chandrasekera said that the government couldn’t maintain services though the powers that be intended to meet the power deficit with the help of hydropower generated by the Victoria power station. The ex-official underscored the need to inquire into the failure of the authorities to implement the backup plan last Saturday. Had Victoria met the requirement, last Saturday’s countrywide power failure, that lasted from 11.43 am to 11 pm could have been averted, Chandrasekera said.

He also questioned the controversial government decision to disconnect solar power over the weekend as the absence of solar generation obviously aggravated the problem. Chandrasekera emphasised that the latest countrywide power outage exposed the government whose basic strategy was to blame everything on the Opposition.

“We sincerely hope the Presidential Commission inquiring into the coal scams also looks into the situation developing at LVPP due to the use of substandard coal. According to him, the loss caused by the recent outage was estimated to be around Rs 16 bn and the crisis could not be addressed by propaganda campaigns, especially on social media. But, if other factors, including the expenditure on hydro and thermal generation were taken into consideration, the losses could be as much as Rs 20 bn.

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Power cuts continue

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Power cuts continued across the country yesterday and are expected to continue today following the shutdown of all three generating units at the Lakvijaya Power Plant in Norochcholai.

The Public Utilities Commission of Sri Lanka (PUCSL) said approval had been granted on Monday (19) following a request by the National System Operator (NSO) to impose scheduled power cuts.

Accordingly, one-hour power cuts were scheduled between 4.30 p.m. and 9.00 p.m., with the country divided into four zones. Hospitals and locations providing essential services were exempted.

The three Norochcholai generating units remain out of operation following the countrywide power failure last Saturday, prompting the NSO to introduce daily power cuts to manage the available electricity supply.

NSO Chief Executive Officer Buddhika Samarasekara said the power cuts would be necessary yesterday and today (21).

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GL stresses importance of post-war Shangri-La investment after CIABOC questions him

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Prof. G. L. Peiris

By Shamindra Ferdinando

Prof. G. L. Peiris yesterday said he had not been concerned at all about being arrested when the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) summoned him to record a statement regarding an ongoing investigation.

Addressing the media outside the CIABOC, the former External Affairs Minister emphasised that his family had never taken anything from people but contributed to their welfare. The internationally renowned academic said that he didn’t accept lucrative opportunities abroad but remained committed to do whatever possible for the public here.

The CIABOC questioned Prof. Peiris on the launch of the Shangri-La Hotel project here. The Convener of the Janathawadi Joint Opposition said that when the top management of the hotel got in touch with

him, he had brought the matter to the notice of the then President Mahinda Rajapaksa, who promptly gave the go ahead.

Shangri-La was opened in Nov. 2017 with the participation of the then President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe.

Prof. Peiris said that he had been appointed External Affairs Minister nearly a year after the successful conclusion of the war against the LTTE in May 2009. Shangri-La, which owned over 100 hotels at that time, was keen to explore the possibility of opening a hotel here and the government had swiftly grabbed the opportunity. Referring to the opening of ITC Ratnadeepa, in late April 2024, Prof. Peiris explained the importance of foreign investment, particularly after the end of the 30-year war that caused massive devastation.

Responding to media queries, Prof. Peiris said that he strongly opposed efforts to silence political opponents but accepted the need to investigate waste, corruption and irregularities. “People shouldn’t be targeted over their political stand,” the ex-lawmaker said, adding that he as the Minister tasked with attracting such special investments worked in line with the overall government policy.

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