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THE 2024 PRESIDENTIAL ELECTION

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by Dr Nihal Jayawickrama

The Constitution states that a President who is elected by the people shall hold office for a term of five years. In the event of his death, resignation or removal, his successor shall be elected by Parliament to serve the unexpired period of his term of office. Any Bill that seeks to amend the Constitution to extend the prescribed term of office of the President is required to be passed by Parliament by a two-thirds majority and then approved by the people at a referendum. The Constitution also provides that the poll for the election of the President “shall be taken not less than one month and not more than two months” before the expiration of the term of office of the President in office. A popular television channel appears to be unaware of these constitutional requirements when it keeps chanting in the middle of its news programmes: “When is the Election?”

Who may contest?

Any citizen who is qualified to be elected to the office of President may be nominated as a candidate for that office by a recognized political party. Alternatively, a citizen who is or has been an elected member of Parliament, may be nominated by any other political party or by an elector whose name appears on any register of electors. Upon being nominated by a recognized political party, that candidate will be allotted the approved symbol of that party. For other candidates, the approved symbol for each candidate will be determined, in the first instance, “by agreement among such candidates”. In the absence of such an agreement, the symbol is determined by the Commissioner. However, the approved symbol of a recognized political party may not be allotted to a candidate who is not nominated by that party.

A person is disqualified from being elected to the office of President if such person is under the age of 30 years, or has been twice elected to the office of President by the People.

Who may vote?

A Sri Lankan citizen who is not otherwise disqualified from being an elector (for example, if under the age of 18 years, or is serving a prison sentence, etc), will be entitled to vote only if that citizen’s name is entered in the appropriate register of electors. To be entitled to have one’s name and address entered in a register of electors, a citizen should be “ordinarily resident”, as a member of a household, at such address, within an electoral district, on the first day of June in the relevant year. A citizen’s temporary absence from such address on that day will not disqualify such citizen if it was due to “the performance of any duty incidental to any office, service or employment held or undertaken” by him/her. A citizen who has migrated abroad may therefore not be entitled to vote.

The poll

Where there are only two candidates, the voter will be required to mark figure 1 opposite the symbol and name of that voter’s preferred candidate. Where there are three candidates, the voter may specify his/her second preference by marking figure 2 opposite the symbol and name of that voter’s second choice. Where there that more than three candidates, the voter may indicate his/her second and third preferences by marking figures 2 and 3 opposite the relevant symbols and names. If a voter has specified a second preference only, or a third preference only, or both such preferences only, without specifying that voter’s first preference, the ballot paper will be void and will not be counted.

The count

The Commissioner will declare the candidate who has received “more than one-half of the valid votes cast” as elected to the office of President. In an election where there are only two candidates, this result will be immediately apparent.

Where there are three candidates, the candidate who has received the lowest number of votes will be eliminated, and each returning officer will be directed to count the second preference of those voters whose first preference had been for the candidate eliminated, as a vote in favour of one or other of the remaining two candidates.

Where there are more than three candidates, all the candidates other than the candidates who received the highest and second highest number of votes will be eliminated. Thereafter, each returning officer will be directed to count the second preference of each voter whose first preference had been for a candidate who had been eliminated, and if it is for one or other of the remaining two candidates, as a vote in favour of such remaining candidate. If the second preference is not counted, then the third preference of such voter, if it is for one or other of the remaining two candidates, will be counted as a vote in favour of such remaining candidate.

Therefore, it is evident that, whatever the number of candidates, or the number of second and third preferences that are taken into account, the new President will be the one or the other of the two candidates who received the highest number of votes in the first count.

The morning after

After the new Executive President takes his oath of office, his first duty will be to appoint the Member of Parliament who, in his opinion, is most likely to command the confidence of Parliament, to be the Prime Minister. Thereafter, in consultation with the Prime Minister, he is required to determine (a) the number of Ministers, (b) the Ministries, and (c) the assignment of subjects and functions to such Ministers. Finally, in consultation with the Prime Minister, he is required to appoint Ministers to be in charge of the Ministries that he has determined. He may, if he wishes to, appoint additional Ministers not of Cabinet rank, as well as Deputy Ministers.

The challenge that will face the new President will be to ensure that he commands the support of a majority of the 225 members of Parliament. Failure to do so will leave his government paralyzed and unable to secure the passage of any legislation, including money bills. This is the fundamental weakness of the executive presidential system. President J.R. Jayewardene addressed this challenge by securing an extension from six to twelve years of the life of the Parliament in which he enjoyed a five-sixth majority through an amendment of the Constitution, a rigged referendum, and through other devices such as obtaining undated letters of resignation, maintaining secret files on the financial and other activities of his Ministers, and by imposing civic disabilities on his political opponents.

It is a challenge which Anura Kumara Dissanayake, with a three-member party in Parliament, and even Sajith Premadasa, whose party falls far short of the required minimum of 113 members, will have to face. Even if the newly elected President decides to immediately dissolve Parliament, he will have to appoint his Prime Minister and Cabinet of Ministers before doing so from among the members of the present Parliament. Ranil Wickremesinghe, if he chooses to contest, and is elected, may not face this problem if his current Cabinet of Ministers remains intact. If the new President decides to immediately dissolve Parliament, what guarantee is there that he would secure the required majority at the general election that follows?

The hypocrisy of politicians

Ten years have elapsed since the late Rev. Maduluwawe Sobitha, through his National Movement for Social Justice, began the campaign for the abolition of the executive presidential system. It received the enthusiastic support of several politicians, including the three political party leaders who are now seeking to perpetuate that system. It is a movement which his successor, former Speaker Karu Jayasuriya, has resolutely kept alive. That same idealism inspired the “Aragalaya” of 2022 to drive an Executive President out of his office, his residence, his country, into the high seas, seeking refuge in a ship. Yet, after 45 years of autocratic presidential rule, buttressed by a corruption-ridden electoral system, and marked by massive loss of human life and unprecedented levels of bribery and mismanagement, three professional politicians are now seeking to perpetuate that iniquitous system.

There is yet five months to go. Is there not sufficient time for Parliament to replace the list system with the first-past-the-post system of single and multi-member constituencies, supplemented with an element of proportional representation to ensure an equitable distribution of seats based on the totality of votes cast for each political party? Is there not sufficient time for another constitutional amendment to provide for the President, the constitutional Head of State, to be elected by Parliament or other representative body? Is there not sufficient time to dissolve Parliament and hold, on the same day, a general election and a referendum (required by the Supreme Court on several occasions, though not by the Constitution) together? Indeed, is there not sufficient time to draft and enact a new Constitution to give effect to these very desirable and much awaited reforms?



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Features

The challenge of keeping value-based politics alive

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Anti-migrant protests in Durban, South Africa. BBC

The current outbreak of anti-immigrant protests in Durban, South Africa is bound to have taken many a subscriber to value-based politics or political idealism quite by surprise. After all, this is evidence that despite the historic accomplishments of nation-builders of the stature of the late President Nelson Mandela it cannot be taken for granted that identity politics, including racism in its worst forms, is no more in South Africa.

At the time of this writing details are scarce on the substantive root causes of the protests but it could very well be that economic grievances, particularly on the part of the majority community in South Africa, are contributing considerably to the disaffection. Shrinking employment and material prospects are likely to figure majorly among the factors igniting the unrest.

Fortunately, the local authorities in Durban are losing no time in calling for peaceful co-existence among the relevant communities and are pointing to the vital importance of stepping-up national integration processes. Apparently, immigrants in sizable numbers from neighbouring countries are present in Durban. However, international TV footage of the protests quoted some local authorities as saying that the majority of the immigrants in some centres that housed them were not illegal migrants and had the documents that entitle them to be in Durban.

In the Durban protests the world has fresh proof of the socially divisive consequences of the gathering globe-wide economic disaffection, touched off particularly by the continuing crisis in West Asia. Going ahead, the world would need to brace for increasing identity-based unrest of the kind it is just witnessing in South Africa.

Considering that the material lot of ordinary people everywhere could only aggravate progressively, with the US and Iran showing no signs of negotiating an end to their confrontation any time soon, it will be left to the more democratic and progressive sections of the world community to initiate positive measures collectively to bring a measure of relief to the discontented.

The swiftness with which such relief will be provided would depend crucially on the importance those sections taking up these undertakings attach to value-based politics as opposed to Realpolitik of power politics.

Going by these yardsticks, Italy could be considered to be moving in the right direction. Recently Italy came to the fore in initiating the collective named, ‘Rome Coalition for Food Security and Access to Fertilizer’, which has as one of its aims the swift provision of fertilizer to economically weak African countries.

In a recent statement Italian Minister of Foreign Affairs and International Cooperation, Antonio Tajani, said that a principal aim of the project was to ensure that the farmers of Africa gained easy access to fertilizer, considering that food security is a growing concern among some of Africa’s economically vulnerable countries.

The statement went on to mention that some 30 countries hailing from the Mediterranean region, the Middle East, the Balkans as well as the FAO had been invited to join the coalition. The venture is far-seeing in that food security is main among the reasons for social discontent which in turn could degenerate into endemic political turmoil and bloodshed. Separatist violence and geographical fragmentation of countries wouldn’t be too far behind these developments, as Africa itself has often proved.

It is hoped that more G7 countries would take the cue from Italy and do what they could to ease the hardships of economically distressed countries, particularly of the global South. In these efforts they would need to break rank with the US, which is today brutally indifferent to the consequences of its policy of making ‘America First’, come what may.

Going by current developments, the Trump administration seems to be blithely oblivious to the wider, deleterious effects of its policy course in West Asia. Besides rendering Iran militarily and otherwise impotent nothing else seems to matter to Washington, as regards West Asia. This is policy short-sightedness of an extreme kind. After all, right now West Asia could be said to be sitting on the proverbial powder keg.

On the other hand, Iran is not giving the world the impression that it is doing anything constructive to get out of the policy straitjacket that it wove for itself decades ago. Rather than enter into a policy of ‘live and let live’ in relation to Israel in particular and initiate a process of reconciliation with the latter, it has chosen to operate within policy parameters that continue to damn Israel. This has put Israel always on the ‘defensive’ so to speak and prevented the opening up of space for meaningful dialogue.

That said, Israel is obliged to explore the possibilities of entering into a negotiatory process with the Arab-Islamic world that could lead to a de-escalation of tensions and bloodshed. It cannot continue to look at its neighbours through lenses that distort them as archetypal enemies who should be ‘wiped off completely from the face of the earth.’

In other words, the need is urgent for Realpolitik to give way to value-based politicks. Italy is beginning to prove that the latter approach could be pursued with some success. May be the EU and the UK could throw their weight behind these initiatives as well and establish that international politics could be refashioned on the basis of humane, civilized norms. The UN would need to be fully supportive of these moves and prove an organizational nucleus of the operations that follow.

In fact the time is ripe for people of conscience to collectively stand up on the side of peace and say ‘No’ to war and violence. Organizations such as the ICRC, the WHO and Medicines Sans Frontiers have already taken up this call. Referring to the widespread destruction of health facilities and their dehumanizing results these organizations have said, among other things, that ‘This is not a failure of the law. It is a failure of political will.’

True, ‘failure of political will’ among those powers that matter accounts for the runaway, uncontrollable nature of war and destruction in contemporary times, but more fundamentally it is a failure of the human conscience. It could very well be that the phenomenal levels to which violence and war have been unleashed today have had the effect of deadening consciences. This is a matter for urgent study and wide discussion.

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Features

Vesak celebrations … with Cuteefly

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Perfect for celebrations, gifts, and meaningful occasions // Gift pack

I would describe Indunil Kaushalya Dissanayaka as innovative and creative, and she operates under the name of Cuteefly.

Indunil always comes up with something novel to celebrate special occasions, and she does it with candles … and that’s her profession.

She was in the spotlight when she created a happening scene, with candles, for Christmas, Sinhala and Tamil New Year, and Valentine’s Day.

As lanterns light up Sri Lanka for Vesak, the Colombo-based candle maker is quietly turning wax and wick into little pieces of the festival.

Candles reflecting Vesak themes

Her candles reflect Vesak themes – light, peace, remembrance, giving, etc., to enable you to fill your Vesak celebration with devotion and beauty.

Among her Vesak creations is a lotus-shaped soy candle, scented with sandalwood, lavender, etc., meant to burn during this Vesak Poya Day.

Indunil Kaushalya Dissanayaka: Customers
praise her for her creativity

These handcrafted Vesak candles are perfect for offering at the temple, she says.

What makes her creations so novel is that they come in different shapes, scents, themes, and all are handmade.

What’s more, her customers have heaped praise on her for her creativity.

According to Indunil, her creations are perfect as a thoughtful gift … to bring beauty, unity, and light into every moment.

Says Indunil: “Our beautifully handcrafted Unity candles are designed with premium detail and love, making them perfect for celebrations, gifts, and meaningful occasions.”

Cuteefly, says Indunil, is available online.

Readers could contact Indunil on 0778506066 for more details.

He Facebook Page is: Cuteefly.

Handmade with love

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Features

Dark Spots …

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Yes, dark spots do crop up on the skin, especially with sun exposure and, of course, as the skin ages.

However, these tips should be of immense benefit to those who are faced with dark spots.

Lemon and Honey Glow Mask:

You will need 01 teaspoon lemon juice and 01 teaspoon honey.

Mix the lemon juice and honey well and then apply this mixture, only on the dark spots.

Leave for 10–15 minutes and then rinse with cool water.

Benefits:

Lemon helps brighten pigmentation.

Honey moisturises and heals skin.

Gives a natural glow.

* Aloe Vera Gel Treatment:

All you need is fresh aloe vera gel.

Apply the gel apply on dark spots, before going to bed.

Leave overnight and wash in the morning.

Benefits:

Reduces acne marks and pigmentation.

Soothes irritated skin.

Helps skin repair naturally.

Turmeric and Yoghurt Paste:

You will need 01 teaspoon yoghurt and a pinch of turmeric

Mix the yoghurt and turmeric into a smooth paste and apply on affected areas.

Leave for 15 minutes and then wash gently with lukewarm water.

Benefits:

Turmeric brightens skin naturally.

Yoghurt removes dead skin cells.

Helps fade dark spots gradually.

Use these packs 02-03 times a week as results are generally seen over time.

You can also try this out: Mix a ripe papaya into a smooth paste and apply to the face, or directly on to the dark spots. Leave for 15-20 minutes and then wash with lukewarm water.

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