Diana’s ouster

Thursday 9th May, 2024

Overturning an Appeal Court ruling, the Supreme Court (SC) has determined that State Minister Diana Gamage, a National List MP of the SJB, is not eligible to be a member of Parliament. She has lost her parliamentary seat, as a result. Thus, a protracted legal battle over the issue of Gamage’s citizenship status has come to an end. If Osala Herath, a social and political activist, had not resorted to legal action against Gamage, insisting that she was a British citizen, she would have continued to be an MP until the dissolution of the current Parliament.

The SC decision in the case against Gamage, a powerful figure in the government, has bolstered public esteem for the apex court significantly. After Gamage’s defection from the SJB, the government went all out to shield her by suppressing evidence against her, and rewarded her with a ministerial post. Key state officials were prevented from revealing information that was detrimental to her interests, and it looked as if the SLPP-UNP combine had been trying to have investigations into the complaint against her drag on until the dissolution of Parliament. But its plan went awry, and the law finally caught up with her.

Worryingly, it takes an inordinately long time for a person who enters Parliament unlawfully to be expelled. If the SLPP’s efforts during the past few months to have Parliament dissolved had reached fruition, the SC determination under discussion would not have affected Gamage at all. It was obvious that the government was hoping for such an eventuality.

There is a pressing need for the cases challenging the MPs’ eligibility to sit in Parliament to be concluded expeditiously because the election or appointment of disqualified persons to Parliament amounts to a blatant violation of the people’s franchise. Stringent action should be taken against those who willfully cause delays in such cases by refusing to furnish required information or through other means. Delays on the part of the Department of Emigration and Immigration in respect of the provision of information pertaining to the case against Gamage must not go uninvestigated, and the officials concerned must be made to explain their allegedly tardy and evasive responses.

The SJB must accept blame for having appointed a person disqualified from being an MP to Parliament. Its leaders claim to be au fait with the law; they made a hue and cry about Gotabaya Rajapaksa’s citizenship ahead of the 2019 presidential election, and there is no way they can claim that they were unaware of Gamage’s disqualification at the time of her appointment to Parliament.

Gamage’s disqualification adversely impacts the integrity of Parliament. She functioned as a State Minister, made important decisions, reportedly drew her salary and enjoyed various perks at the expense of the public. Shouldn’t the costs thereof be recovered from the MPs who are unseated on legal grounds?

Opinion may be divided on whether dual citizens should be allowed to serve as MPs. However, those who have violated the current constitutional provisions must be dealt with according to the law. It is believed that there are some more MPs who should be unseated because they are dual citizens. If so, it is imperative that legal action be instituted against them as well.

The leaders of the political parties represented in Parliament never miss an opportunity to take moral high ground and pontificate to others. They also rant and rave against other state institutions. Shouldn’t they put their own house in order before being critical of others? Let them be urged to ask their MPs who are believed to have been dual citizens at the time of their election or appointment to the current Parliament, while the constitutionally-stipulated disqualification of dual citizens at issue was in effect, to resign forthwith.