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Forthcoming general election and its aftermath

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by Neville Ladduwahetty

Sri Lankans would be going to the polls on August fifth to elect a new parliament. However, what is to follow depends on which party secures the majority to form a stable government. The prevailing prediction is that the Sri Lanka Podujana Peramuna (SLPP) is most likely to secure at least a sufficient majority to form a government.

Such an outcome would mean that President Gotabaya Rajapaksa as the Executive and a legislature headed by Prime Minister Mahinda Rajapaksa would be jointly responsible for the governance of Sri Lanka. If the SLPP secures only a simple majority the processes of governance would be constrained by the limitations and contradictions inherent in the 1978 Constitution and in the Nineteenth Amendment (19A). This would hamper post COVID-19 recovery. Therefore, it is imperative that without a two-thirds (2/3) majority to amend 1978 Constitution and 19A to bring clarity to its provisions or even introduce a new Constitution, it would not be possible for Sri Lanka to emerge from the unprecedented challenges presented by the COVID-19 disaster.

If, on the other hand, the SLPP secures only a simple majority, a national government with a 2/3 majority could be formed by means of provisions of Article 46 (4) similar to the dubious precedent crafted by the Yahapalana government. Such an approach would compel a SLPP government to accommodate the interests of coalition partners at considerable cost both financially as well as having to compromise its agenda. Therefore, if Sri Lanka is to recover from the COVID-19 crisis it is best that the government has a 2/3 majority sufficient to give it the freedom to act free of constraints of coalition demands and fetters of the 1978 Constitution and19 A.

THE NEED to REVISITING 19A

The need to revisit the 1978 Constitution and 19A is because the ambiguities and contradictions in their provisions have caused constitutional experts and academics to arrive at vastly divergent interpretations and conclusions. For instance, some interpret that 19A has transformed what was essentially a Presidential system based on separation of power into a Parliamentary system where separation of power is blurred to such an extent that they describe the present system as a Parliamentary Democracy. Others on the other hand, maintain that what 19A achieved was to prevent arbitrariness of Executive action that had existed under the 1978 Constitution, and not to transfer power from the Executive to Parliament. This is confirmed by the Supreme Court ruling on 19A that stated: “that the transfer, relinquishment or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution”. Therefore, it could be concluded that the intended transformation from a Presidential system to a Parliamentary system did not materialize notwithstanding such claims.

The 1972 Constitution is unambiguously based on a Parliamentary system while the 1978 Constitution is based on a Presidential system. However, the incorporation of certain provisions from the 1972 Constitution into to the 1978 Constitution, followed by 19A, has caused divergent interpretations. Hence, a few key issues are presented below to illustrate the need to revisit the 1978 Constitution and 19A in order to bring clarity to the current Constitutional provisions to ensure that the system of governance is either clearly Parliamentary or Presidential and not a mix of both.

CONSTITUTIONAL PROVISIONS of the 1972 CONSTITUTION

The relevant Articles in the 1972 Constitution are:

Article 91: “The President shall be responsible to the National State Assembly (Parliament) for the execution and performances of the powers and functions of his office under the Constitution…”.

Article 92 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the government of the Republic which shall be collectively responsible to the National State Assembly and answerable to the National State Assembly on all matters for which they are responsible”.

Article 92 (2) states: “Of the Ministers, one who shall be the Head of the Cabinet of Ministers shall be the Prime Minister”.

Article 94 (1) states: “The Prime Minister shall determine the number of Ministers and Ministries and the assignment of subjects and functions to Ministers”.

Article 94 (2) states: “The President shall appoint from among the members of the National State Assembly Ministers to be in charge of the Ministries so determined”.

Article 94 (3): “The Prime Minister may at any time change the assignment of subjects and functions and recommend to the President changes to the composition of the Cabinet of Ministers…”.

CONSTITUTIONAL PROVISIONS of the 1978 CONSTITUTION

Article 42 states: “The President shall be responsible to Parliament for the due exercise, performance and discharge of the powers, duties and functions under the Constitution…’.

Article 43 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic which shall be collectively responsible and answerable to Parliament”.

Article 43 (2) states: “The President shall be a member of the Cabinet of ministers and shall be the Head of the Cabinet of Ministers”.

Article 44 (1) states: “The President from time to time, in consultation with the Prime Minister, where he considers such consultation to be necessary –

(a) “determine the number of Ministers of the Cabinet of Ministers and the Ministries and the assignment of subjects and functions to such Ministers” and

(b) “appoint from among the members of Parliament Ministers to be in charge of the Ministries so determined”.

Article 44 (3) states: “The President may at any time, change the assignment of subjects and functions and the composition of the Cabinet of Ministers…”.

CONSTITUTIONAL PROVISIONS of 19A

Article 42 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic”.

Article 42 (2) states: “The Cabinet of Ministers shall be collectively responsible and answerable to Parliament”.

Article 43 (1) states: “The President shall in consultation with the Prime Minister, where he considers such consultation to be necessary, determine the number of Ministers of the Cabinet of ministers and the Ministries and the assignment of subjects and functions to such Ministers”.

Article 43 (2) states: “The President shall on the advice of the Prime Minister appoint from among Members of Parliament, Ministers, to be in charge of the Ministries so determined”.

Article 43 (3) states: “The President may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers…”.

IMPACT of CONTRADICTORY PROVISIONS

The constitutional provisions of the 1972 Constitution presented above are consistent with a Parliamentary system. Notwithstanding this fact, such provisions that are appropriate for a Parliamentary system have been incorporated into the 1978 Constitution and 19A that are essentially Presidential. This has caused both the 1978 Constitution and 19A to be seriously compromised. It is therefore imperative that amendments are introduced to ensure that the system of governance is either Parliamentary or Presidential in all respects.

For instance, commenting on Article 43 of the 1978 Constitution (presented above), the Supreme Court in S.D. No. 04/2015 stated: “This important Article underscores that the Cabinet collectively is charged with the exercise of Executive power, which is expressed as the direction and control of the Government of the Republic and the collective responsibility of Cabinet of which the President is the Head. It establishes conclusively that the President is not the sole repository of Executive power under the Constitution. It is the Cabinet of Ministers collectively, and not the President alone, which is charged with the direction and control of the Government. This Cabinet is answerable to Parliament. Therefore, the Constitution itself recognizes that Executive power is exercised by the President and by the Cabinet of Ministers, and that the President shall be responsible to Parliament and the Cabinet of Ministers, collectively responsible and answerable to Parliament with regard to the exercise of such powers…”.

On the other hand, the Courts have accepted that Article 3 that deals with the sovereignty of the People should be read with Article 4. Therefore, the guiding principle in the exercise of Executive power in the 1978 Constitution should be Article 4 (b). Article 4 (b) states: “the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People”. This Article specifically reposes Executive power of the People ONLY in the President. Therefore, Executive power must necessarily be exercised solely by the President and not jointly shared with the Cabinet of Ministers. This means that anyone else exercising executive power must derive its authority from the President.

The comments of the Supreme Court in S.D. No. 04/2015 also stated: “It is in this background that the Court in the Nineteenth Amendment Determination came to a conclusion that the transfer, relinquishment or removal of the power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides the form and manner of the sovereignty of the people, the ultimate act or decision of the executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and to others to whom such power is given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President”.

If, as stated above by the Court, the President as the Head of the Executive is “sovereign in the executive field”, the President who represents one of the three branches of the Government – the Executive, is co-equal with the Legislature and the Judiciary under provisions of separation of power. Therefore, the President cannot be responsible to another organ of government – the Parliament. Furthermore, since the Cabinet of Ministers derive their authority from the President, the Cabinet cannot be responsible and answerable to Parliament either. Under the circumstances, Article 33A that calls for the President to be responsible to Parliament “for the due exercise performance and discharge of his powers, duties and functions” is a violation of the principle of separation of power.

Another important issue that arises from the fact that the President is sovereign in the executive field is the constitutional provision that his executive powers include the defence of Sri Lanka. Therefore, the President has a right granted by the Constitution to be the Minister of Defence regardless of whether the President is a Member of Parliament or not. The prerogative of such a decision should be left to the President, instead of having to delegate it to someone else, invariably less competent in issues relating to security. Since the provision to select Cabinet Members from among members of Parliament is a carry-over from the defunct 1972 Constitution this constraint should be repealed since it has no relevance in a Presidential system.

ARTICLE 46 – UNIQUE ONLY TO 19A.

Article 46 (1) (a) and (b) limits the number of Cabinet of Ministers to thirty and sets an aggregate limit of forty on the number of Ministers who are not members of the Cabinet of Ministers and Deputy Ministers.

Having sets limits, the framers of 19A provided a device by means of Article 46 (4) and (5) to enable Parliament by Resolution to exceed the very limits they themselves stipulated above. In fact, this device is so crafty that it enables even a minority government with the largest majority to form a National Government with even a 2/3 majority by forming a coalition with other recognized political parties. Had the Article stated “the political party with the largest majority together with ALL other political parties” the task of forming a National Government would in all likelihood been unrealistic. This device was exploited to the fullest advantage by the former Yahapalana government. The net effect of the current provisions in 19A is to ridicule their own attempts to appear well intentioned by proposing a leaner Cabinet and make a mockery of the “will of the people” by introducing a corrupted way out of the limits set by themselves.

19A – THE CONSTITUTIONAL COUNCIL

Article 41 B (1) states: “No person shall be appointed by the President as the Chairman or the member of any of the Commissions specified in the Schedule to this Article, except on a recommendation of the Council”.

Article 41 C (1) states: “No person shall be appointed by the President to any of the Officers specified in the Schedule to this Article…unless such appointment has been approved by the Council”.

The Court ruled that the transfer, relinquishment or removal of power attributed to one organ to another violates Article 3 when read with Article 4 of the Constitution. If this is so, would not the transfer of power that the President had, to appoint Commissions and Officers prior to 19A, to another body that is not even another organ of Government as recognized by Article 3 read with Article 4, amount to a violation of the sovereignty of the People? Furthermore, the operation of the Council has become so dysfunctional that the country today does not have a functioning Inspector General of Police. The reason for this is a system failure because the President who makes the appointment could keep on rejecting nominations by the Council causing posts being vacant as in the case of the IGP. Therefore, this provision too needs to be seriously amended. An alternative would be to restore the powers the President had under Articles 54, 55 and 107 of the 1978 Constitution and for him to make appointments subject to the approval of the appropriate Oversight Committees of Parliament and repeal Chapter VIIA of 19A.

19A – DISSOLUTION of PARLIAMENT

According to 19A Article 70 (1) states: “The President may by Proclamation, summon, prorogue and dissolve Parliament. Provided that the President shall not dissolve until the expiration of a period of not less than four years and six months…unless Parliament requests the President to do so by a resolution passed by not less than two-third of the whole number of Members voting in favour”.

This Article presents two serious issues. One, it places the President at a disadvantage in relation to Parliament since Parliament is not constrained by a time bar whereas the President is. Therefore, Parliament could request the President to dissolve Parliament at any time with a 2/3 majority whereas the President is compelled to wait four and half years to dissolve Parliament. Such drastic disadvantages are not in keeping with principles of separation of power among co-equals. Such inequality is unacceptable for two separate organs of government elected separately by the People. The second serious issue is that securing a 2/3 majority for a political party under provisions of proportional representation is bound to be a rarity. This compels Parliament to continue however dysfunctional it is.

Therefore, the net effect of Article 70 (1) as currently presented is for the country to be governed by a government even if the situation is so dire that it warrants dissolution of Parliament because of the constitutional straightjacket of this Article. Consequently, as always, it is the People who have to endure.

CONCLUSION

The outcome of the forthcoming General Election to elect a new Parliament would have a serious impact on how effectively Sri Lanka recovers from the challenges imposed by the unprecedented COVID -19 crisis. The most significant single factor that would influence the recovery process is the current Constitution. The 1978 Constitution and 19A contain constitutional provisions that are a mix appropriate to both Parliamentary and Presidential systems. This has made governing processes convoluted. Therefore, it is imperative that the current provisions are amended, so that the Constitution is Presidential in all respects and not a mix of both Parliamentary and Presidential as currently exists, with the appropriate checks and balances by the Parliament and the Judiciary, in a way that would not hamper effective Executive action.

The reason for the existence of Parliamentary and Presidential systems in the present Constitution is because the operation of a Presidential system based on separation of power, is not commonly understood despite it being in existence for over four decades. A glaring example of the lack of appreciation of what separation of power means is selection of the Cabinet of Ministers from among Members of Parliament. This results in the same individual serving two separate organs of government resulting in conflict of interest. This practice should cease. If Members of Parliament are to be Members of the Cabinet, they should relinquish their association with Parliament as practiced by other countries with Presidential systems.

Under the circumstances, a government with a simple majority would not be in a position to introduce the needed amendments without which the recovery process would be hampered by the existing constitutional ambiguities and contradictions. Therefore, it is only a 2/3 Parliamentary majority that would facilitate the introduction of the needed amendments without which it would not be possible for Sri Lanka to emerge from the unprecedented challenges presented by COVID-19 pandemic.



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Sri Lanka’s new govt.: Early promise, growing concerns

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President Anura Kumara Dissanayake’s demeanour, body language, and speaking style appear to have changed noticeably in recent weeks, a visible sign of embarrassment. The most likely reason is a stark contradiction between what he once publicly criticised and analysed so forcefully, and what his government is actually doing today. His own recent speeches seem to reflect that contradiction, sometimes coming across as confused and inconsistent. This is becoming widely known, not just through social media, YouTube, and television discussions, but also through speeches on the floor of Parliament itself.

Doing exactly what the previous government did

What is now becoming clear is that instead of doing things the way the President promised, his government is simply carrying on with what the previous administration, particularly Ranil Wickremesinghe’s government, was already doing. Critically, some of the most senior positions in the state, positions that demand the most experienced and capable officers, are being filled by people who are loyal to the JVP/NPP party but lack the relevant qualifications and track record.

Such politically motivated appointments have already taken place across various government ministries, some state corporations, the Central Bank, the Treasury, and at multiple levels of the public service. There have also been forced resignations, bans on resignations, and transfers of officials.

What makes this particularly serious is that President Dissanayake has had to come to Parliament repeatedly to defend and “clean up” the reputations of officials he himself appointed. This looks, at times, like a painful and almost theatrical exercise.

The coal procurement scandal, and a laughable inquiry

The controversy around the country’s coal power supply has now clearly exposed a massive disaster: shady tenders, damage to the Norochcholai power plant, rising electricity bills due to increased diesel use to compensate, a shortage of diesel, higher diesel prices, and serious environmental damage. This is a wide and well-documented catastrophe.

Yet, when a commission was appointed to investigate, the government announced it would look into events going back to 2009, which many have called an absurd joke, clearly designed to deflect blame rather than find answers.

The Treasury scandal, 10 suspicious transactions

At the Treasury, what was initially presented as a single transaction, is alleged to involve 10 transactions, and it is plainly a case of fraud. A genuine mistake might happen once or twice. As one commentator said sarcastically, “If a mistake can happen 10 times, it must be a very talented hand.” These explanations are being treated as pure comedy.

Attempts to justify all of this have sometimes turned threatening. A speech made on May 1st by Tilvin Silva is a case in point, crude and menacing in tone.

Is the government losing its grip?

Former Minister Patali Champika has said the government is now suffering from a phobia of loss of power, meaning it is struggling to govern effectively. Other commentators have noted that the NPP/JVP may have taken on a burden too heavy to carry. Political cartoons have depicted the NPP’s crown loaded with coal, financial irregularities, and political appointments, bending under the weight.

The problem with appointing loyalists over qualified professionals

Appointing own supporters to senior positions is not itself unusual in politics. But it becomes a betrayal of public trust when those appointed lack the basic qualifications or relevant experience for the roles they are given.

A clear example is the appointment of the Treasury Secretary, someone who was visible at virtually every NPP election campaign event, but whose qualifications and exposure/experiences may not match the demands of such a critical position. Even if someone has a doctorate or professorship, the key question is whether those qualifications are relevant to the role, and whether that person has the experience/exposure to lead a team of seasoned professionals.

By contrast, even someone without formal academic credentials can succeed if they have the right skills and surround themselves with advisors with relevant exposure. The real failure is when loyalty to a political party overrides all other considerations, that is a fundamental betrayal of responsibility.

The problem is not unique to this government. In 2015, the appointment of Arjuna Mahendran as Central Bank Governor was a similar blunder. His tenure ended in scandal involving insider dealing and bond market manipulation. However, in that case, the funds involved were frozen and later confiscated by the following government, however legally questionable that process was.

The current Treasury losses, by contrast, may be unrecoverable. Critics say getting that money back would be next to impossible.

The broader damage: Demoralisation of capable officials

When loyalists are placed above competent career officials in key positions, it demoralises the best public servants. Some begin to comply in fear; others lose motivation entirely. The professional hierarchy breaks down. Junior officials start looking over their shoulders instead of doing their jobs. This collective dysfunction is ultimately what destroys governments.

Sri Lanka’s pattern: every government falls

This pattern is deeply familiar in Sri Lankan history. The SWRD Bandaranaike government, which swept to power in 1956 on a wave of popular support, had declined badly by 1959. The coalition government, which came to power reducing the opposition to eight seats, lost in 1977, and, in turn, the UNP, which came in on a landslide, in 1977, crushing the SLFP to just eight seats, suffered a similar fate by 1994.

Mahinda Rajapaksa came to power in 2005 by the narrowest of margins, in part because the LTTE manipulated the Northern vote against Ranil Wickremesinghe. But he was re-elected in 2010 on the strength of ending the war against the LTTE. Still, by 2015, he was voted out, because the benefits of winning the war were never truly delivered to ordinary people, and because large-scale corruption had taken root in the meantime. Gotabaya Rajapaksa didn’t even last long enough to see his term end.

Now, this government, too, is showing early signs of the same decline.

The ideological contradiction at the heart of the NPP

There is another challenge: though the JVP presents itself as a left-wing, Marxist-socialist party, many of those who joined the broader NPP coalition, businesspeople, academics, professionals, do not hold such ideological views. Balancing a left-leaning party with a centre-right coalition is extremely difficult. The inevitable tension between the two pulls the government in opposite directions.

The silver lining, however, is that this has produced a growing class of “floating voters”, people not permanently tied to any party, and that is actually healthy for democracy. It keeps governments accountable. Independent election commissions and civil society organisations have a major role to play in informing these voters objectively.

In more developed democracies, voters receive detailed candidate profiles and well-researched information alongside their ballot papers, including, for example, independent expert analyses of referendum questions like drug legalisation. Sri Lanka is still far from that standard. Here, many people vote the same way as their parents. In other countries, five family members might each vote differently without it being a scandal.

Three key ministries, under the President himself, all in trouble

President Dissanayake currently holds three of the most powerful portfolios himself: Defence, Digital Technology, and Finance. All three are now widely seen as performing poorly. Many commentators say the President has “failed” visibly in all three areas. The justifications offered for these failures have themselves become confused, contradictory, and, at times, just plain pitiable.

The overall picture is one of a government that looks helpless, reduced to making excuses and whining from the podium.

A cautious hope for recovery

There are still nearly three years left in this government’s term. There is time to course-correct, if they act quickly. We sincerely hope the government manages to shed this sense of helplessness and confusion, and finds a way to truly serve the country.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)

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Cricket and the National Interest

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The appointment of former minister Eran Wickremaratne to chair the Sri Lanka Cricket Transformation Committee is significant for more than the future of cricket. It signals a possible shift in the culture of governance even as it offers Sri Lankan cricket a fighting possibility to get out of the doldrums of failure. There have been glorious patches for the national cricket team since the epochal 1996 World Cup triumph. But these patches of brightness have been few and far between and virtually non-existent over the past decade. At the centre of this disaster has been the failures of governance within Sri Lanka Cricket which are not unlike the larger failures of governance within the country itself. The appointment of a new reform oriented committee therefore carries significance beyond cricket. It reflects the wider challenge facing the country which is to restore trust in public institutions for better management.

The appointment of Eran Wickremaratne brings a professional administrator with a proven track record into the cricket arena. He has several strengths that many of his immediate predecessors lacked. Before the ascent of the present government leadership to positions of power, Eran Wickremaratne was among the handful of government ministers who did not have allegations of corruption attached to their names. His reputation for financial professionalism and integrity has remained intact over many years in public life. With him in the Cricket Transformation Committee are also respected former cricketers Kumar Sangakkara, Roshan Mahanama and Sidath Wettimuny together with professionals from legal and business backgrounds. They have been tasked with introducing structural reforms and improving transparency and accountability within cricket administration.

A second reason for this appointment to be significant is that this is possibly the first occasion on which the NPP government has reached out to someone associated with the opposition to obtain assistance in an area of national importance. The commitment to bipartisanship has been a constant demand from politically non-partisan civic groups and political analysts. They have voiced the opinion that the government needs to be more inclusive in its choice of appointments to decision making authorities. The NPP government’s practice so far has largely been to limit appointments to those within the ruling party or those considered loyalists even at the cost of proven expertise. The government’s decision in this case therefore marks a potentially important departure.

National Interest

There are areas of public life where national interest should transcend party divisions and cricket, beloved of the people, is one of them. Sri Lanka cannot afford to continue treating every institution as an arena for political competition when institutions themselves are in crisis and public confidence has become fragile. It is therefore unfortunate that when the government has moved positively in the direction of drawing on expertise from outside its own ranks there should be a negative response from sections of the opposition. This is indicative of the absence of a culture of bipartisanship even on issues that concern the national interest. The SJB, of which the newly appointed cricket committee chairman was a member objected on the grounds that politicians should not hold positions in sports administration and asked him to resign from the party. There is a need to recognise the distinction between partisan political control and the temporary use of experienced administrators to carry out reform and institutional restructuring. In other countries those in politics often join academia and civil society on a temporary basis and vice versa.

More disturbing has been the insidious campaign carried out against the new cricket committee and its chairman on the grounds of religious affiliation. This is an unacceptable denial of the reality that Sri Lanka is a plural, multi ethnic and multi religious society. The interim committee reflects this diversity to a reasonable extent. The country’s long history of ethnic conflict should have taught all political actors the dangers of mobilising communal prejudice for short term political gain. Sri Lanka paid a very heavy price for decades of mistrust and division. It would be tragic if even cricket administration became another arena for communal suspicion and hostility. The present government represents an important departure from the sectarian rhetoric that was employed by previous governments. They have repeatedly pledged to protect the equal rights of all citizens and not permit discrimination or extremism in any form.

The recent international peace march in Sri Lanka led by the Venerable Bhikkhu Thich Paññākāra from Vietnam with its message of loving kindness and mindfulness to all resonated strongly with the masses of people as seen by the crowds who thronged the roadsides to obtain blessings and show respect. This message stands in contrast to the sectarian resentment manifested by those who seek to use the cricket appointments as a weapon to attack the government at the present time. The challenges before the Sri Lanka Cricket Transformation Committee parallel the larger challenges before the government in developing the national economy and respecting ethnic and religious diversity. Plugging the leaks and restoring systems will take time and effort. It cannot be done overnight and it cannot succeed without public patience and support.

New Recognition

There is also a need for realism. The appointment of Eran Wickremaratne and the new committee does not guarantee success. Reforming deeply flawed institutions is always difficult. Besides, Sri Lanka is a small country with a relatively small population compared to many other cricket playing nations. It is also a country still recovering from the economic breakdown of 2022 which pushed the majority of people into hardship and severely weakened public institutions. The country continues to face unprecedented challenges including the damage caused by Cyclone Ditwah and the wider global economic uncertainties linked to conflict in the Middle East. Under these difficult circumstances Sri Lanka has fewer resources than many larger countries to devote to both cricket and economic development.

When resources are scarce they cannot be wasted through corruption or incompetence. Drawing upon the strengths of all those who are competent for the tasks at hand regardless of party affiliation or ethnic or religious identity is necessary if improvement is to come sooner rather than later. The burden of rebuilding the country cannot rest only on the government. The crisis facing the country is too deep for any single party or government to solve alone. National recovery requires capable individuals from across society and from different sectors such as business and civil society to work together in areas where the national interest transcends party politics. There is also a responsibility on opposition political parties to support initiatives that are politically neutral and genuinely in the national interest. Not every issue needs to become a partisan battle.

Sri Lanka cricket occupies a special place in the national consciousness. At its best it once united the country and gave Sri Lankans a sense of pride and international recognition. Restoring integrity and professionalism to cricket administration can therefore become part of the larger task of national renewal. The appointment of Eran Wickremaratne and the new committee, while it does not guarantee success, is a sign that the political leadership and people of the country may be beginning to mature in their approach to governance. In recognising the need for competence, integrity and bipartisan cooperation and extending it beyond cricket into other areas of national life, Sri Lanka may find the way towards more stable and successful governance..

by Jehan Perera

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From Dhaka to Sri Lanka, three wheels that drive our economies

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Court vacation this year came with an unexpected lesson, not from a courtroom but from the streets of Dhaka — a city that moves, quite literally, on three wheels.

Above the traffic, a modern metro line glides past concrete pillars and crowded rooftops. It is efficient, clean and frequently cited as a symbol of progress in Bangladesh. For a visitor from Sri Lanka, it inevitably brings to mind our own abandoned light rail plans — a project debated, politicised and ultimately set aside.

But Dhaka’s real story is not in the air. It is on the ground.

Beneath the elevated tracks, the streets belong to three-wheelers. Known locally as CNGs, they cluster at junctions, line the edges of markets and pour into narrow roads that larger vehicles avoid. Even with a functioning rail system, these three-wheelers remain the city’s most dependable form of everyday transport.

Within hours of arriving, their importance becomes obvious. The train may take you across the city, but the journey does not end there. The last mile — often the most complicated part — belongs entirely to the three-wheeler. It is the vehicle that gets you home, to a meeting or simply through streets that no bus route properly serves.

There is a rhythm to using them. A destination is mentioned, a price is suggested and a brief negotiation follows. Then the ride begins, edging into traffic that feels permanently compressed. Drivers move with instinct, adjusting routes and squeezing through gaps with a confidence built over years.

It is not polished. But it works.

And that is where the comparison with Sri Lanka becomes less about what we lack and more about what we already have.

Back home, the three-wheeler has long been part of daily life — so familiar that it is often discussed only in terms of its problems. There are frequent complaints about fares, refusals or the absence of meters. More recently, the industry itself has become entangled in politics — from fuel subsidies to regulatory debates, from election-time promises to periodic crackdowns.

In that process, the conversation has shifted. The three-wheeler is often treated as a problem to be managed, rather than a service to be strengthened.

Yet, seen through the experience of Dhaka, Sri Lanka’s system begins to look far more settled — and, in many ways, ahead.

There is a growing structure in place. Meters, while not perfect, are widely recognised. Ride-hailing apps have added transparency and reduced uncertainty for passengers. There are clearer expectations on both sides — driver and commuter alike. Even small details, such as designated parking areas in parts of Colombo or the increasing standard of vehicles, point to an industry slowly moving towards professionalism.

Just as importantly, there is a human element that remains intact.

In Sri Lanka, a three-wheeler ride is rarely just a transaction. Drivers talk. They offer directions, comment on the day’s news, or share local knowledge. The ride becomes part of the social fabric, not just a means of getting from one point to another.

In Dhaka, the scale of the city leaves less room for that. The interaction is quicker, more direct, shaped by urgency. The service is essential, but it is under constant pressure.

What stands out, across both countries, is that the three-wheeler is not a temporary or outdated mode of transport. It is a necessity in dense, fast-growing Asian cities — one that fills gaps no rail or bus system can fully address.

Large infrastructure projects, like light rail, are important. They bring efficiency and long-term capacity. But they cannot replace the flexibility of a three-wheeler. They cannot reach into narrow streets, respond instantly to demand or provide that crucial last-mile connection.

That is why, even in a city that has invested heavily in modern rail, Dhaka still runs on three wheels.

For Sri Lanka, the lesson is not simply about what could have been built, but about what should be better managed and valued.

The three-wheeler industry does not need to be politicised at every turn. It needs steady regulation — clear fare systems, proper licensing, safety standards — alongside encouragement and recognition. It needs to be seen as part of the solution to urban transport, not as a side issue.

Because for thousands of drivers, it is a livelihood. And for millions of passengers, it is the most immediate and reliable form of mobility.

The tuk-tuk may not feature in grand policy speeches or infrastructure blueprints. It does not run on elevated tracks or attract international attention. But on the ground, where daily life unfolds, it continues to do what larger systems often struggle to do — show up, adapt and keep moving.

And after watching Dhaka’s streets — crowded, relentless, yet functioning — that small, three-wheeled vehicle feels less like something to argue over and more like something to get right.

(The writer is an Attorney-at-Law with over a decade of experience specialising in civil law, a former Board Member of the Office of Missing Persons and a former Legal Director of the Central Cultural Fund. He holds an LLM in International Business Law)

 

by Sampath Perera recently in Dhaka, Bangladesh 

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