News
22 A: Amendments accepted at ‘committee stage’ should be subjected to SC approval
Nalin de Silva highlights major constitutional flaw
By Shamindra Ferdinando
Sri Lanka’s former Ambassador to Myanmar, Prof. Nalin de Silva, has said that whatever amendments introduced to a particular Bill at the committee stage should be definitely subjected to the approval by the Supreme Court.
The one-time Mathematics Don has stressed that the Speaker shouldn’t endorse the amended Bill until the Parliament obtained the Supreme Court’s consent.
Prof. De Silva said so commenting on a simmering controversy over Justice Minister Dr. Wijeyadasa Rajapakse, PC, manipulating the committee stage process to introduce new amendments which may not be in line with the Supreme Court ruling on the original Bill on the 22nd Amendment to the Constitution.
Prof. de Silva dealt with the issue at hand as sections of the ruling SLPP, including dissidents, warned against any moves to dilute executive powers to enable the full operationalisation of the 13th Amendment to the Constitution.
The outspoken retired academic has urged the Parliament to introduce an amendment to prevent the Speaker from endorsing an amended Bill, till the Supreme Court approves it.
Prof de Silva last served as Sri Lanka’s top envoy in Myanmar, from 2020 to 2021.
The activist described the absence of provision for the Supreme Court to examine a Bill, following the committee stage, as a major flaw in the Constitution. This loophole should be closed, Prof de Silva said, recalling how successive governments had exploited the committee stage of controversial Bills to pursue their agendas. Prof de Silva cited the passage of the 19th Amendment to the Constitution as a case in point.
Prof de Silva stressed that the Justice Minister’s approval of amendments were certainly not sufficient. Therefore, Supreme Court approval should be a prerequisite for the Speaker’s endorsement, he said.
Having pointed out that the 22nd Amendment had been presented to the public, through Gazette notification, Prof de Silva emphasized that the executive, the legislature and the judiciary were involved in the overall process.
Prof de Silva said that all amendments proposed to the 22 A that would be taken up for vote tomorrow (07) should be defeated. In fact, future attempts to introduce amendments at committee stage of a particular Bill, too, should be thwarted as the Speaker and the Justice Minister whichever party/alliance in power didn’t have the competence to examine the constitutionality of the proposals, Prof de Silva said.
The former diplomat said that the move to dilute executive powers should be examined against the backdrop of President Ranil Wickremesinghe’s failure to secure the required international financial assistance. Declaring that the incumbent government couldn’t obtain at least loans from Western powers let alone grants, Prof de Silva questioned the status of Sri Lanka’s much-touted Staff-Level Agreement with the International Monetary Fund now being contradicted by the government.
Prof de Silva was commenting on Premier Dinesh Gunawardena’s declaration in Parliament on Tuesday (04) that there was only a draft agreement and they were yet to finalize the Staff-Level Agreement with the IMF.
Prof de Silva said that before the finalization of the agreement, the draft agreement should be submitted to the Parliament.
The retired academic said that the government owed an explanation regarding the efforts to introduce constitutional amendments at a time political parties, represented in Parliament, should be concentrating on a tangible economic recovery plan. Prof de Silva asked whether they genuinely expected the introduction of 22 A to the Constitution would really enhance political stability.
Prof de Silva expressed serious concerns about how the powers that be could propose certain amendments at the committee stage of the 22 A with a view to appeasing the Tamil National Alliance (TNA) as well as the Sri Lanka Muslim Congress (SLMC), a constituent party of the main Opposition Samagi Jana Balavegaya (SJB). The retired University Don pointed out the possibility in the government proposing consultations between the appointing authority (the President) and the Chief Ministers in respect of the appointment of Governors of the Provinces. In terms of the Constitution now, the appointment of Governors is the prerogative of the President.
Prof de Silva said that the President couldn’t dilute executive powers enshrined in the Constitution.
News
Theft of USD 2.5 mn from Treasury: CoPF accused of complicity in NPP cover-up
Harsha rejects what he called frivolous accusations
Chairman of Committee on Public Finance (CoPF) Dr. Harsha de Silva dismissed Free Lawyers’ claim that his Committee had helped delay a proper investigation into the theft of USD 2.5 mn (nearly Rs 1 bn) from the Treasury.
The Colombo District SJB MP said that he wouldn’t comment on frivolous accusations against his Committee. “We conduct ourselves in keeping with the highest standards of professionalism and responsibility.”
Dr. de Silva said so when The Island raised the Free Lawyers’ allegation that the Treasury and the Central Bank were using the CoPF as a tool to prolong investigations into the unprecedented theft of funds. Free Lawyers targeted the CoPF in a statement issued by Maithri Gunaratne, PC, and civil society activist Rajith Keerthi Tennakoon.
The other members of the CoPF are Harshana Rajakaruna (SJB), Ravi Karunanayake (NDF), Nimal Palihena (NPP), Wijesiri Basnayake (NPP), Thilina Samarakoon (NPP), Lakmali Hemachandra (NPP), Chathuranga Abeysinghe (NPP), Kaushalya Ariyaratne (NPP), Akram Ilyas (NPP), Shanakiyan Rajaputhiran Rasamanikkyam (ITAK), Champika Hettiarachchi (NPP), Sunil Rajapaksha (NPP),
M. K. M. Aslam (NPP), Ajith Agalakada (NPP), Rauff Hakeem (SLMC), Chitral Fernando (SJB) and Nishantha Jayaweera (NPP).
Tennakoon said the theft of funds happened over eight months ago and the Parliament owed the country a clear explanation regarding the disappearance of USD 2.5 mn. The CoPF, instead of expediting the process, has conveniently granted time for those responsible for the loss to cover up their tracks. “Free Lawyers pursue the issue at hand vigorously as we were the first to reveal the loss of USD 2.5 mn. Those who knew it remained silent until our disclosure,” he said, alleging that Speaker Dr. Jagath Wickremaratne was yet to respond to their letter regarding the USD 2.5 theft.
Responding to queries, Tennakoon said that political parties represented in the CoPF should be held responsible for the developing situation. “The Committee on Public Accounts Committee (CoPA) headed by SJB MP Kabir Hashim too, should explain its failure to deal with the USD 2.5 mn theft. Both CoPF and CoPA led by two SJB MPs should act now. Dr. de Silva and Hashim are answerable to the public, particularly because they represent the main Opposition.”
The CoPA consists of Kabir Hashim, Maj. Gen. Aruna Jayasekera (NPP), Sugath Thilakaratne (NPP), Anton Jayakody (NPP), Chandana Sooriyaarachchi (NPP), Ruwanthilaka Jayakody (NPP), Nalin Hewage (NPP), Oshani Umanga (NPP), Manjula Suraweera (NPP), Sagarika Athauda (NPP), Janaka Senarathna (NPP), K.Illankumaran (NPP), Dinidu Saman Henanayake (NPP), Susantha Kumara Navaratna (NPP), Lal Premanath (NPP), Aravinda Senarath (NPP), Thushari Jayasinghe (NPP), T. K. Jayasundera, Ajantha Gammeddage (NPP), Sundaralingam Pradeep (NPP), Kavinda Jayawardena (SJB), J.C. Alawathuwala (SJB),Hector Appuhamy (SJB), Kaveenthiran Kodeeswaran (ITAK), Chamara Sampath Dassanayake (NDF), Rohitha Abeygunawardena (NDF), M.L.A.M. Hisbullah (SLMC), M.A.M. Thahir (ACMC), Chanaka Madugoda (SLPP) and Sunil Ratnasiri (NPP).
Tennakoon said that both CoPF and CoPA were dominated by the NPP though the SJBers headed them. However, as heads of the two parliamentary committees, Dr. de Silva and Hashim, should be held responsible for lapses on the part of the committees or any deliberate omissions, Tennakoon said, questioning the rationale behind giving the Treasury and the CBSL six weeks to submit their findings to the CoPF.
Free Lawyers alleged that USD 2.5 had been released in spite of JP Morgan Chase and the Federal Reserve in the United States warning Sri Lanka about the suspicious nature of those foreign transactions via SWIFT messages. Tennakoon emphasized investigators should closely inquire into the decision taken to release funds regardless of such high-profile warnings.
Tennakoon said that the integrity of two key parliamentary committees is at stake. The civil society activist said that the country was in a highly critical phase of debt restructuring following a severe economic crisis. Tennakoon pointed out in terms of a condition of the International Monetary Fund (IMF) loan programme, the government’s debt management functions, previously carried out by the CBSL, were recently transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).
by Shamindra Ferdinando
News
Viral diseases on the rise
The number of patients hospitalised due to viral illnesses, including dengue fever, had increased significantly, health officials said yesterday, adding that there had been a rise in daily dengue-related admissions.
Acting Director of the National Dengue Control Unit Dr. Kapila Kannangara said Sri Lanka had recorded 41,144 dengue cases as of Saturday (13).
He said more than half of the reported cases—around 51 percent—were from the Western Province.
According to Dr. Kannangara, the number of dengue patients admitted to hospital daily had reached 750, but it had declined to around 630. However, he cautioned that infection levels remained “very high,” despite the slight drop in hospital admissions.
The dengue death toll has risen to 24, prompting several hospitals to issue red alerts amid continued pressure on wards treating incoming patients.
Health officials warned that the situation could worsen if case numbers continued to rise. Dr. Kannangara noted that the growing burden on healthcare facilities could eventually exceed system capacity.
The public has been urged to take preventive measures to eliminate mosquito breeding sites and to seek prompt medical attention if dengue symptoms develop.
by Chaminda Silva
News
Ranil warns of another economic crisis, calls for Opposition unity
Former President and UNP leader Ranil Wickremesinghe has warned that Sri Lanka is heading towards a severe economic crisis, alleging that the current administration is steering the country towards “total collapse.”
Addressing a meeting of the UNP Working Committee at the party headquarters on Flower Road on Thursday, Wickremesinghe claimed that the government was facing mounting difficulties on multiple fronts, with the economy continuing to deteriorate.
He also accused the administration of pursuing policies that, he said, marginalised war heroes and Buddhist monks.
Wickremesinghe expressed concern over what he described as an erosion of fundamental and legal rights, citing the arrest and alleged ill-treatment of former State Intelligence Service Chief Suresh Sallay as an example. He said the rising cost of living had emerged as one of the main concerns of the public.
Commenting on the political situation, the former President said the Opposition had not been able to forge unity among the anti-government forces and called for greater coordination among Opposition parties and groups. He advocated a phased mobilisation strategy, beginning at village and electorate level, instead of attempting to address all issues simultaneously.
Wickremesinghe also announced a series of political campaigns and rallies aimed at strengthening the Opposition movement. The programme is scheduled to commence in Kandy this weekend, with subsequent events planned in Kurunegala and Kalutara.
He said the UNP was engaged in discussions with several political parties and organisations, including those led by Minister Jeevan Thondaman, with a view to forming a broader political alliance.Wickremesinghe urged party members to expedite discussions and arrive at a collective decision on the way forward to address the country’s challenges.
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