Features
Quitting the UNP and battling in the Supreme Court to save our seats
We received a signal from Mangala (Samaraweera) that the time was opportune for us to make a move (out of the UNP). Accordingly a minibus was arranged to take us from Elle Gunawansa’s temple to Temple Trees (TT) for a reception and a meeting with CBK. I thought it unwise to get individuals to drive into TT as it could end up with mishaps leading to the unraveling of the whole enterprise. Hence the bus ride.
Sure enough Susil drove up to Gunawansa’s temple and said that since he had not discussed this move with his wife Sumi, who was then in England, he had reservations about joining us at that time. I assured him that Sumi could be persuaded to agree and that I will get CBK to phone her personally to London and clear it with her. Since Susil was a long standing friend of the Bandaranaikes my impetuous assurance about CBKs persuasive powers seemed to work and he somewhat reluctantly got into the minibus.
Though we had not planned it that way a large number of Provincial Councilors and senior UNPers also followed us to TT. This was not surprising because particularly Wijepala Mendis and Nanda Mathew were long standing UNP leaders with their own followers. This became clear when our “Gang of Four” was joined by another MP, Chula Bandara from Kurunegala district, who was protesting some injustice done to him. (A few days later he was inveigled back to the UNP presumably on a promise of redressing his grievances). Any way by that time the damage vis-a-vis the media was done and Bandara disappeared into the UNP dungeon and was not heard of again.
We were delighted when Professor Stanley Kalpage a UNP “grandee” who had been a favourite of JRJ, also joined us and added to the considerable gathering in TT. We received a cordial and well choreographed reception which was beamed live through TV to the country, adding to the discomfiture of the leaders of the Grand Old Party. In the evening we attended a meeting with a large gathering of monks near the Buddha statue of Elle Gunawansa’s temple and a large group of onlookers who had spontaneously gathered alongside the road below.
Senior monks from all three Nikayas participated and I was especially touched when the Mahanayake of Malwatte sent as a special representative – his secretary – the eloquent Niyangoda Wijithasiri, to convey his blessings. The official blessing from Malwatte added much to our credibility both with UNP supporters and our new hosts – CBK and the Peoples Alliance. We had a national status higher than other parties which had joined the SLFP led People’s Alliance and were represented in the CBK Cabinet.
We then organized ourselves as “The Alternate UNP” with DS and Dudley Senanayake as our icons. Wijepala Mendis who by then had set up an office in Boyd Place was made President and I functioned as its Secretary. I strategized that we should have daily press briefings so that we could keep our group in the limelight. Every day new groupings who broke away from the UNP – trade unionists, lawyers, teachers, provincial politicians and artists were presented at these meetings and the media was more than happy to make it front page news despite the attempts of UNP leaders to put a lid on it.
We then held a convention which was well attended as we brought supporters from our electorates to pack the hall. No doubt all this delighted the People’s Alliance which was apprehensive of the coming election. Chandrikas authorized biography entitled “CBK” says the following, “It was clear that the Presidential election of 1999 would be substantially different from 1994. The goodwill that brought CBK to power had largely dissipated and while most talk during the election was of peace, CBKs armed forces commanders were doing their best to unintentionally botch her re-election”.
I can relate here an interesting encounter which throws some light on our influence at that time. In the course of meeting Ambassadors posted in Colombo we had a lengthy session with the Indian High Commissioner Shivshankar Menon, who was one of the best Indian representatives to be assigned to Colombo. He treated us with great courtesy and ended the sessions with the statement; “Yesterday I sent a dispatch to Delhi that Ranil will most likely win the coming election. But after this meeting I will inform them that I have changed my assessment”.
When I queried him as to why it was so, he replied, “Look at your composition. Sarath is Kandyan Goigama. Susil is low country Goigama. Mendis is Salagama and Nanda is Wahumpura. It is a cross section of the Sinhala electorate and it will affect the results on election day”. As we received invitations to address PA meetings all over the country, Menon’s assessment seemed at least partially true. Some PA ministers arranged for meetings for our group to “go solo” so that UNP supporters could participate while retaining their party affiliations. Indeed many UNP organizers supported our outstation meetings though they did not get on to the stage for fear of party retribution.
Party retribution was not long in coming. We were sacked forthwith and the Commissioner of Elections was informed that in terms of the country’s constitution our vacancies were to be filled by substitutes whose names were intimated to him. However we were allowed a month’s time to appeal against this decision to the Supreme Court. We jointly decided to take that course of action and retained former Solicitor General Elanga Wikremanayake as our lead lawyer.
At this juncture we were greatly assisted by my friend Nigel Hatch, a brilliant young lawyer who had been an advisor to Gamini Dissanayake. He added Gomin Dayasri to our legal team. The UNP retained Kasi Choksy who had successfully ensured the removal of Gamini and Lalith from Parliament in similar circumstances under the Premadasa regime. But since we had time enough to devote to this litigation we concentrated on campaigning for CBK countrywide, occasionally joining her in helicopter rides to far away locations.
Amunugama and others Vs Karu Jayasuriya
In the above case we challenged our expulsions from the UNP before the Supreme Court under the special procedure introduced by article 99 of the second republican constitution of 1978. Our lawyers had to contend with an earlier Supreme Court decision regarding the fate of Gamini Dissanayake and eight others who had been expelled from the UNP in 1993. “This challenge is described by Nigel Hatch in an article in the following way. “The majority of the Supreme Court upheld the summary expulsion… thereby recognizing the primacy of the political party over the individual MP. The majority further held that the failure of the UNP to follow the principles of natural justice and failure to give them a prior hearing was legitimate on the grounds of urgency and being impractical because it would have been a useless formality having regard to what the majority considered as the openly defiant conduct of the Petitioners.”
However our lawyers felt that they “should nevertheless focus on impugning the expulsions for the failure to observe the principles of natural justice”. Fortunately for us Nigel was able to secure a copy of the UNP constitution including the party guidelines for the conduct of disciplinary inquiries which provided for procedural and substantive fairness and the right to be heard before disciplinary sanctions were imposed. The failure to serve a charge sheet and denial of a prior hearing before the expulsion was thus emphasized. It was also urged that here was a denial of an opportunity to explain their conduct and contradict the evidence if any. It was also submitted that the sanction of expulsion was disproportionate”.
The bench was made up of ARB Amerasinghe, acting Chief Justice, Justice Shiranee Bandaranayake and Justice Ameer Ismail. They unanimously held on February 3, 2000 that the expulsion of all the petitioners were invalid. The party guidelines were quoted in the judgment and the judges found that the UNP had acted in breach of them. “The guidelines of the party prescribed a process for disciplinary action to ensure fairness and as a condition of membership it was expected that the usual process would be duly followed” they said. Amerasinghe wrote a long discourse on the central issue of natural justice which ended by saying, “Only Radamanthus, the cruel judge of hell, it seems punished before he heard.”
It was an indictment of how dictatorial the leadership of the UNP had become. The judges also dealt with the principal grounds adduced by the UNP to justify summary expulsions, namely “uselessness and urgency”. “The court determined that perhaps after hearing the petitioners fairly the UNP may have concluded that all the talk about a national government was a sham and the result may have been the same. Yet since the decision was not arrived fairly it must therefore be set aside.” Having regard to the fact that Amunugama and the other petitioners were MPs “the very gravity of the matter required that at least a limited hearing was given to the petitioners before a decision was taken to expel them”.
Judgment and after
This judgment came as a shock to the UNP as well as other political parties. The judgment of the Gamini et al case of 1993 regarding issues such as “uselessness and urgency” was brought under the wider consideration of the primacy of “natural justice”. Another fact was that most political parties had sloppy regulations about disciplinary actions particularly in respect of the correct competent authority to render a verdict in the case of such transgressions. In effect Amarasinghe and his colleagues overturned the judgement against Gamini et al in 1993, which as a senior lawyer told me, was at that time rendered under the watchful eyes of President Premadasa.
I recalled what heartburn this judgment had created in Lalith and Gamini who were my colleagues in the DUNF I was happy to have been in a way the instrument by which they stood vindicated though they were no longer in the land of the living.
The aforesaid judgement was widely welcomed and the UNP was embarrassed. I know that several seniors of the party blamed Ranil for my departure. It was particularly galling for him as the UNP had fared badly in the ensuing Presidential and Parliamentary elections. This judgment paved the way for many crossovers from the UNP to the PA under President Mahinda Rajapaksa which thereby decimated the UNP. A large number of UNPers led by Karu Jayasuriya crossed over to the government to assist in the war against the LTTE.
It was an irony that Karu, who was the defendant in our case as Chairman of the UNP, had benefited from our judgment when he had to plead his case in the Supreme Court. In one instance Rohitha Bogollagama who too depended on the above mentioned judgment to retain his seat, wanted me to be present in court during his hearings to send a “subliminal message” to the bench about our earlier success. Popular opinion had it that it was Chief Justice Sarath Silva who delivered the judgment. It was not so and poor Sarath had to deny many times that he had not rendered a possible constitutional intention nugatory. He emphasized that the presiding judge was ARB Amerasinghe [whom the grapevine maintained was a pro UNP judge] though he stated quite candidly that he agreed fully with the reasoning in the judgement and the final verdict.
A touching detail about this case was that it was the last appearance of Elanga Wikremanayake who crowned his long and distinguished career with success in our landmark case. There is a sad end to this tale. Though we were successful in this case, of the five petitioners only I was returned to Parliament in the ensuing general election. I therefore had the rare distinction of being sent to Parliament by both the UNP and the SLFP. I must say that CBK was more than generous with our group. Susil was appointed the Ambassador to Iran while Nanda Mathew became the Governor of Uva. Bandara who preferred to follow a different path went back to the UNP but was defeated at the polls. Mendis retired gracefully from the political arena and died soon after.
(Excerpted from Volume 3 of the Sarath Amunugama autobiography) ✍️
Features
‘Lord Edgware Dies’
It has been some time since I read an Agatha Christie, the plot of which I cannot remember. So, I was delighted to find on the shelves of a friend Lord Edgware Dies, which I had a vague memory of, but no certainty about who had done it.
When I read it, I found that my memory of who was probably the killer was correct, but I could not be certain and the red herrings Christie threw in were so diverting that until almost the very end I wondered if I had been wrong.
The plot is very simple. Jane Wilkinson, who is married to Lord Edgware, tells him that she is desperate for a divorce since she is in love with a very proper Anglo-Catholic peer, Lord Melton, but Edgware refuses to divorce her. She asks Poirot to talk to him, which he does, and is surprised to find that Edgware has told Jane he is prepared to give her a divorce. This was, after he had categorically refused, through a letter, which Jane said she had not received.
That night Edgware is murdered, after Jane had been to see him, or so the butler said, and also Edgware’s secretary. But Jane had been that evening at a grand dinner many miles away, where a dozen fellow guests could swear to her presence.
There was a solution however to the mystery of two Jane Wilkinsons, namely a skilful impersonator called Carlotta Adams who, in the opening chapter had impersonated Jane Wilkinson, who had also been at the performance. But when Poirot goes to see her, he finds that she had been found dead on the morning after Edgware had been killed, of an overdose. And in her bag was a gold case, with a strange inscription, that contained the drug, along with a pair of pince-nez.
Her maid said she had written a letter to her sister in America and posted it the previous night. Poirot asks Inspector Japp to get the letter, and a transcript is received from America, and in it the name of Edgware’s nephew Ronald Marsh is mentioned; he had taken Carlotta to dinner after her performance, with which the book opens, and had then set her a challenge. Japp arrests Marsh, but Poirot is not happy and asks for the original of the letter, which the sister sends him. That shows that a page is missing, and the tear is obvious, though that raises the question as to why it had not simply been cut.
Matters are further complicated by the fact that Marsh had gone in a taxi to the Edgware house, along with Edgware’s daughter Geraldine, in the interval of an opera which had previously seemed to provide them with cast iron alibis. Geraldine had gone in to fetch her pearls so that Marsh could raise money he needed, and thus had an opportunity to kill Edgware, as did Marsh, for the driver said he had got out of the taxi while waiting and gone into the house.
Marsh explained why he had gone to the house on the night of the murder as having followed Bryan Martin, an American actor, who had been in love with Jane, whom he saw go into the house with a key. But there was no one visible when he entered, and Geraldine almost immediately came down and they left together. And Martin too has become an object of suspicion to Poirot, for he had been to see him before the murders were discovered with a story of being followed by a man with a gold tooth – a story Poirot immediately realized was false when he was asked how old the man was, and was told he was young, for young people did not have gold teeth.
A heap of French money Edgware had got for a trip to Paris was missing, but since Marsh had no need for it after his cousin’s offer of help, Poirot deduces that it must have been taken by the butler, who has disappeared. Christie has stressed that he is astonishingly handsome, unusual in a butler, and Poirot notes a resemblance to Martin, so he thinks the mysterious man going into the house must have been him.
Incidentally, later Poirot assumes that Edgware’s change of mind was because he was involved in some scandal, and I believe Christie intends us to see the cause of this in his handsome butler, though this is not specified.
Meanwhile, Poirot has asked Japp to find out the provenance of the case found in Carlotta’s handbag, and it turns out to have been made in Paris, specially commissioned, and collected by a woman with pince-nez.
But then another murder occurs—that of another guest at the grand dinner, which provided Jane with her alibi. The victim is an actor who had been bemused when Jane, at a lunch, thought the Judgment of Paris referred to the city. He told Hastings he wanted to see Poirot, but was killed before he could get to the appointment. Poirot had rushed there when told about his request, but it was too late.
Meanwhile, Poirot has tried out the pince-nez on Edgware’s secretary, but she could not see through these. It was only a chance remark heard outside the theatre that led him to try them out on Wilkinson’s maid Ellis, a spare pair that had been appropriated for the night of the murders.
Poirot then lays things out, having summoned Martin and told him that he probably suppressed Edgware’s letter, as he had been dropped by then and he did not want Jane to marry another. But after teasing Martin, Poirot says that Jane was in fact the murderer, and she got Carlotta to impersonate her at the dinner while she went to the house and killed her husband. After meeting Carlotta later and checking with her through a call that she had
not been rumbled, Jane had gone ahead with the murder – she put veronal into her drink and the case with veronal into the handbag. She forgot to take out the pince-nez she had used earlier to imitate an American. Carlotta had registered as the American in a hotel and Jane had gone to see her, and there they exchanged identities. After seen the letter, she made use of it by tearing off the page that referred to her, and the S of She, so that the person who had challenged Carlotta to impersonate her seemed to be a man.
There is a coda in which Jane, condemned to death, writes to Hastings, still full of pride at her ingenuity hoping she will be remembered.
Features
Desilt reservoirs, learn from our ancient irrigation systems
by Prof. O. A. Ileperuma
Silting of reservoirs is a major problem today affecting our hydropower production and irrigation systems. The main Mahaweli reservoirs are silted to a considerable extent reducing the water holding capacity of them. Due to poor soil management practices, floodwaters deposit large amounts of silt in these reservoirs. When the Polgolla reservoir was fully drained about two years back, one could see mountains of silt in the lower reaches of the reservoir. A rough estimate is that 50% of the total capacity of these reservoirs has been lost to siltation. This is a serious issue which affects not only power and agriculture but also flood control.
Our ancient irrigation systems ensured that desilting of reservoirs took place under royal decree where all users of the reservoirs were ordered to carry out desilting of reservoirs during the dry season. The clay thus collected was used in making bricks for the construction of great stupas which dot the landscape of our ancient kingdoms. This ensured that the reservoirs had their full capacity filled with water for the next cultivating season. Our ancient kings were clever enough not to construct reservoirs by blocking main rivers such as the Mahaweli. A classic example is the Minipe left canal where they tapped only the surface water of Mahaweli. Even the bigger tanks such as Nuwara Wewa and Parakrama Samudraya were fed with minor rivulets. There were also other ingenious features in the cascade irrigation systems built by the ancient kings, such as mud sluice canals and forest reservations between the reservoirs in the cascade system. These reservations helped trap silt and remove excess nutrients, which could otherwise contribute to increasing salinity as water flowed from one reservoir to another.
- Parakrama Samudraya
- Kalawewa
- Kotmale
A classic engineering marvel is the former Yoda Ela, which carries water from Kalawewa to Nuwara Wewa and Tissa Wewa. It is 87 km long although the straight distance between these points is only about 40 km. The gradient of this canal is about 10 cm per km or 6 inches per mile. Yodha Ela functions as a moving reservoir and feeds about 4,600 hectares of paddy lands. It is a winding canal with about 120 smaller reservoirs on its way. It was constructed during the reign of King Dhatusena around 459 AD and later expanded by King Parakramabahu by connecting more reservoirs to the network. Unfortunately, during the Mahaweli project our modern-day engineers constructed a concrete canal replacing the winding path of this Yoda Ela also called Jaya Ganga. This effectively removed the ability of the old Yoda Ela to remove silt and nutrients. The bank of this Ela has wet zone trees such as jak and areca nut growing well. They take up the nutrients from the flowing stream making the water suitable for irrigation later.
Ancient Mesopotamian civilisations depended on dams constructed along the two main rivers, Euphrates and Tigris. After continuous irrigation of their fields over several thousand years, salinity of the irrigated lands increased making them unsuitable for agriculture. People died due to famine and this clearly illustrates the danger of blocking main rivers for agriculture. There is scientific evidence that the salinity of paddy soils in the Mahaweli C area is increasing.
We saw the devastation caused by Cyclone Ditwah. The sluice gates of the Kotmale Reservoir were opened, and Kandy and Peradeniya were flooded. If the reservoir had had greater storage capacity, couldn’t the opening of the gates have been delayed? This may not be an argument that modern-day engineers would readily accept, and I am not an irrigation expert. These ideas may well be naïve. But most of us tend to think of reservoirs mainly in terms of hydropower generation and irrigation, while their role in flood control receives much less attention. The question therefore deserves serious consideration. Could restoring lost reservoir capacity through desilting help improve our ability to manage extreme rainfall and reduce flood risks?
Desilting our reservoirs should be considered a national priority.
Features
Losing out to Ethiopia
Export diversification – Missing the wood for the trees – Part III
by Gomi Senadhira
In Sri Lanka, the word “Ethiopia” is often used as disparaging slang to describe individuals or areas experiencing extreme poverty, starvation, or severe economic hardship. This linguistic habit originated in the 1980s with the Western media coverage of the devastating Ethiopian famine of 1983-85. That media coverage shocked the world but also left an outdated and offensive global stereotype that the country is permanently starving. Much has changed since then. By now, with an annual growth rate of around 9%, it is the fastest-growing economy in sub-Saharan Africa. Ethiopia has also emerged as a highly competitive exporter and is challenging not only its competitors in the region but also countries like Sri Lanka. This article is on how Sri Lanka has lost ground to Ethiopia (and a few other countries) in the GCC markets for agricultural and floricultural products.
Sri Lanka – A Pioneer in the Agriculture and Floricultural Market in the GCC
As discussed in Part II of this article, by the mid-1980s Sri Lanka had established a strong foothold in the GCC’s fruit, vegetable, and floricultural market. Geographical proximity and well-established shipping and air links gave Sri Lanka a strong comparative advantage over Southeast Asian and African nations. Thailand, Vietnam, and Kenya were not even in the market. At that time, Ethiopia was experiencing (as BBC news reports described) “a biblical famine”.
The market was not very large, but it was lucrative and growing. Trade Minister Lalith Athulathmudali as well as the Chairman of the Export Development Board, Victor Santiapillai, who visited Kuwait (and the GCC countries), recognised the market potential for these products and encouraged us to continue with our work. The minister was particularly keen to further develop links between the market for these products, exporters, and his Export Production Villages (EPVs). So, it was becoming a successful case not only for export diversification but also for transferring gains from exports directly to rural households.
From Trailblazer to Tailender
As a result, even by the beginning of this century Sri Lanka had a larger market share than most of its competitors from Asia or Africa. But since then, our competitiveness has weakened significantly. The tables below provide a comparative snapshot of Sri Lanka’s performance vis-à-vis Thailand, Vietnam, Kenya and Ethiopia in the GCC market for vegetables, fruits and floricultural products. As illustrated therein, in 2001 Sri Lanka was ahead of Thailand, Kenya and Ethiopia in this small but rapidly growing market. Since then, we have fallen behind Thailand, Kenya and many other countries in that lucrative market. If this trend continues, Sri Lanka will fall behind Ethiopia within the next few years. (See Table 1)
In the GCC market for vegetables (covered in HS chapter 07), Sri Lanka was ahead of most other competitors in 2001. As illustrated in Table 1 , Sri Lanka had failed to develop this market, while Thailand, Kenya, and even Ethiopia had very efficiently increased their market shares. The GCC is a market to which Sri Lanka can supply some vegetables, like cabbages, by sea. It appears Sri Lanka had also failed to exploit this mode of supply.
We can see a similar trend in the market for fruits. Vietnam, Kenya, and Thailand have emerged as major players, while exports from Sri Lanka have staggered on slowly. In this segment, Vietnam has emerged as a leading player during the last twenty years and the GCC imports from Viet Nam have shot up from US$44 thousand in 2001 to US$346 million by 2024. In part one of these articles, I discussed the remarkable increase of jackfruit exports from Vietnam “…just $3 million in 2015 to an impressive $236.8 million in 2023” while most of our jackfruit production rots under the trees. This explains how countries develop their markets, geographically and product-wise. (See Table 2)
Sri Lanka’s performance has been weakest in the market for floricultural products (HS Chapter 06), which groups live trees, cut flowers, and ornamental foliage. When we first entered the market in the 1980s, the market was dominated by the Netherlands, and Kenya and Ethiopia were not even in the market. At that time, we identified the Gulf states as a market where Sri Lanka could have a dominant presence due to geographical proximity. Even in 2001, Sri Lanka was ahead of Kenya, Ethiopia, and Thailand. But by now, Kenya has emerged as the dominant supplier. Ethiopia is also expanding its market share and is the third-largest exporter. (See Table 3)
Missing the Wood for the Trees
In the mid-1980s, Sri Lanka first established its foothold in the GCC market. Since then, Thailand, Vietnam, Kenya, and even Ethiopia have moved well ahead of us and have become leading players. Why did we lag behind in our export diversification efforts in general and, more particularly, in the GCC market?
The reasons are very clear. After the initial attempts in the 1980s and early 1990s, Sri Lanka has not been proactively involved in identifying, developing, and promoting new products and markets, or protecting and further developing new markets already established. The focus has simply been on traditional exports: tea, coconut, cinnamon, and garments, while other products were almost ignored. In essence, we have been and continue to focus intensely on a narrow group of products and markets, and we have lost sight of the bigger picture.
(The writer can be reached at senadhiragomi@gmail.com)
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