Justice in the street is not a given. Dignity, too, through justice, is not where it might be, in the air or on the ground. This comment arises from the article by Tassie Seneviratne (TS) in The Sunday Times 20th Sept 2020 over a person sworn in as an MP, despite a criminal conviction record.
Oath of public office: The swearing in and the oath administered, and witnessed, raise questions as to its validity in law and on its effect on Justice and Dignity of public office. Mainly, the question is the purpose whether it has serious intention of the oath, not reduced to a plain utterance. Even the oath of office, as for justice and dignity ,is now in effect empty. Oath without dignity does not bind. Killing is not a disqualification for public office as legislators. It is contemptible to even think of such disqualification to hold public office in the Police, the Public Service, and the Judiciary. Even a questionable reputation of a remote distant relation of a candidate to public office was unacceptable to hold office. Promotions in public service depended much on the reputation of the aspirant, apart from some conviction. The reason is that their social background was important to swear an oath, in law and in society. It is impossible to think of killers, bribe takers and wastrels, in our public and police service, to pledge their word, since they cannot discharge their functions with such a murky character background. Only the clear could take their oath. With MPP there is little let or hindrance to take oath from unclear social background. Oath of public office is therefore not easily administered.
Oath of public office and the Law. It is even said the oath can be sworn as a ghost may swear. The effect of law on the oath of office is now, perhaps, only little beyond nominal. Legality and morality are also at odds with justice on the streets, as one sees. But sight again is only as one sees. Many have seen it one way and are shocked. To many others as they see, it is business as usual with some profit thrown in, in the while. Legal arguments are a waste of time if the return is good. Moral public concerns are still trying their utmost best, in Parliament and outside, even with less profit and takings. This is however the drama unfolding to hold the public in the pay off.
Many questions yet arise which reflect on administer of the oath and the validity of its attestation. These may be legal issues which may be explained away in various ways; that the words and the action are separate and hardly related to each other. These arguments will soon be forgotten. Where the law which is for justice does not help, one may then look to religion, at least for the reason that the oath is vowed with a religious intonation.
Oath of public office and Religion. Oath is subscribed to solemnly with a religious intonation. Religion too may then lend its claims and enter the fray but, apparently, does not help dignity of office. Many an oath is administered in the cloak of religion that is yet not worth the breath exhaled. Such is also the matter of everyday life experience of oath taking in medicine, in ethics, in many other professions, even law, and now in Parliament. Yet religion is spread through far and wide for other good effect in this country. Somehow religion barely matters to push dignity. Religious preaching is not at a loss, not less, though its effect is doubtful. If religion speaks to promote dignity in public life, the reality in Parliament and outside, may do much to help dignity in public office. The fault is still not with religion, but with those who may use religion otherwise. Public life nonetheless goes on, that even religious places may, perhaps, have uses that serve them better.
Oath of public office with conviction and with previous conviction. Into this void of a legal and religious effect of the oath, comes a social video, just at this time. Bribery and corruption took place there, the video said, before the very eyes of the dignitaries in those identical precincts dedicated to law and justice. In another sense, the market place has come into Hulftsdorf with transactions in and around the very pillars of justice. They were all involved, leaving no exception. They all are those who had subscribed to a solemn oath for justice and dignity with conviction, with no previous conviction. For every turn then of the administration in the law offices, taking extracts, moving files, and in the myriad interactions among these who alone are admitted to these premises, the exchanges are transactions, the video said. These are reduced to commodities for exchange at a price. The video says this clear and loud in the presence of police and other dignitaries who held a stoic face.
Oath of public office in the market. A market place, as described, in these hallowed precincts, is therefore yet another exercise to deal with. A form of market society has perhaps taken hold where much is up for buy and sale exchange, notwithstanding oath of public office. This scene in the area of the halls of justice, around the pillars of justice, is not easily countenanced with. The wigs, the robes, the pinstripes, the khaki, the flowing white banian, the variety, they did not cover that within. And all this is but some distance away from the Pettah market. Many would shoot the messenger who brought it to the public eye, the video compeer, as the only means they can think of to contend with reality.
Sworn to public office. Law does not help. Religion probably has other purposes. Can the public service, the public office, then steer through this morass? That has been the recurring problem diagnosed variously as problems of life; of a structural, of a systemic nature, of that between those in the public service and those who consider themselves beyond those niceties, the MPP, none of them resolved.
The public service, the police and many others, have therefore only to depend on themselves, as best or otherwise as they may. The issue with them still remains one of Justice, Public good and Morality. Dignity of public office goes with it. With it, dignity governs the conduct of public officers. This is the continuing problem for Public officers who occupy public office. Public servants have even to discharge their duties in courts where his duty makes a high call on his dignity. As a witness in court, the public servant’s dignity comes to the fore in the reception of his evidence. The public servant’s dignity then stands on its own. MPP have their speeches in Parliament untested in any manner. They are delivered with some narcissi glee and glow.
MPP as Legislators hardly consider themselves to thus hold public office. Such constraints and niceties do not stay them. Inappropriate dress offends MPP dignity. Conviction for murder does not offend MPP sense of dignity. So there is confusion along the way, when dignity is, when dignity is not. The confusion is quite useful to some that there is space for manoeuvre to confuse many, of the validity of the oath, of their attire and much else, against dignity of public office. For much flows from dignity than from law and religion, and much else, now shows. Dignity of public office yet stands though it can be bulldozed away as one incident showed. The mangrove incident at Negombo showed the clash of the two interests and of the dignity of their respective offices. The dignity and the career of the public officer with the mangrove were razed away. The politician got his promotion.
Bribery and corruption are collectively the malady in the absence of justice and dignity. Waste and defalcation all follow in its train. In fact a series of other forms of misdemeanour have been vindicated in the political life of many in Parliament. None of the MPP stood up to protest their innocence or be exposed, when so challenged in Parliament. Dignity can wait the MPP said. But none of this rubbed on the body of the legislator. In Parliament all is different. Questionable conduct is even a proud distinction; it is a qualification. This apparently is the reason that none of the MPP who were dared to, did stand up and risk their conduct being exposed in Parliament. They only kept their seats wearing only a sheepish grin in contempt of the accusers. Speeches in Parliament are not restrained by oath or fraught by problematic social background, MPP are spared quandary.
Oath of public office then and now. Could an article, as this, have been written 50, 40, 30 years ago, then? Politicians, Judges, Lawyers, Police and Prison Commissioners, University dons, Election Commissioner (singular) Public servants, then, all were of repute and dignity. Do names need to be mentioned? What then and whence was the difference? Many reasons, now, are ascribed for the breakdown. The replacement of social values by market values in about 2008/09 with the financial crisis is given as the breaking point. That breakdown was ,however, coming, in slow change, before the crisis. Social institutions, political and religious organisations, law associations and traditions and much else, none excepted, were caught in the throes of this silent revolution. Money now mattered. None are clear. This opinion cannot be dismissed.
A matter of regret, then, is that much that is awry including law and order can be accounted so for this collapse. The dysfunction of law and order process has quite well set in now. Much of the malfunction though freely termed ‘laws delay’ is now, as in a market society, described even as a way of life! If one applies this same analysis around that is equally applicable to all.
Justice and dignity are yet in the street, not in the Hall.
Frank de Silva
Save us from our govt.!
When watching daily news bulletins, on several local TV channels, one could observe two significant matters.
One is how Gotabaya Rajapaksa shamelessly meets foreign diplomats and officers of international organizations, who are well aware of the grave situation of the country, and also the prime reason for it.
Remember, as kids, how we hide from our parents, or teachers, when some small mistake happens – that is because we were ashamed, and afraid of punishment. And ther, too, it would have been only our own mistake, not by the whole family of ours!
Next is how the Police and armed forces are let loose on the men, women and children who have been waiting in queues for hours or days. The authorities are not finding ways to stop queuing or at least maintain some order at those places, but chastise the people, for electing as Basil Rajapaksa had said, a stupid, clueless president and an incompetent government.
The greatest disasters we have faced since Independence are the JVP insurrection, the LTTE war and the tsunami in 2004, and during those times the people were protected by then governments; now Sri Lankans have to struggle against the government, which is steadily throttling them to death.
Challenges, and need for an all-party govt.
Whoever wants to take charge, must first disclose how they are going to set about it. making statements that ‘WE WILL PUT IT INTO ORDER’ is not acceptable. Even SJB, the main Opposition party, hasn’t put forward at least an outline plan as to how they will set about it.
What did the current President promise? What did the current PM promise.? What are their results? Can the country afford more of such vague promises? Three months have gone and still there is no plan from any Party in Parliament. How can any country or institution assist one who has no plan?
Challenges are many and very unpopular decisions have to be made. Resistance from entrenched interests, such as trade Unions, including the GMOA, some corrupt business interests, political interests, mafias, monopolies, etc., has to be countered. Are they prepared to overcome them?
Why go far? Are they prepared to reduce the Parliamentary allocation substantially, and even reduce the number of MPS from 225 to about 150 – on par with countries of similar size, population, GDP, etc.
Parties trying to form a Govt. must first agree amongst them on their Plan, at least on the following:
(i) on their strategy to get Foreign Exchange to purchase limited quantities of fuel for essential services, food, medicines. and fertiliser for the next 6-9 months. Their strategy to increase exports, foreign employment and foreign investment so as to increase Foreign Exchange in the short and medium term. With current conditions it is futile to expect tourists to come to Sri Lanka.
(2) as to how to balance the budget. Are they unitedly prepared to close down or privatize CEB, CPC, AirLanka and Water Board, etc.? Budgetary Allocation for Defence is another, which has to be drastically reduced, the developed countries spend only 2 to 3 % of their GDP on Defence. What does SL do? Out of the Defence allocation, Navy must have the major component for they have to patrol the sea area, which is many times larger than SL land area. SL sea resources are at risk from illegal fishing, human smuggling and illegal dumping, etc.
(3) Are they prepared to close down unnecessary Ministries, Corporations, and Departments, most of which were created for the benefit of politicians, especially for Ministerial Positions.
(4) Staff levels in Ministries, Departments. Corporations that are to function, have to be drastically reduced, so that they could function efficiently and cost effectively. Reducing staff will also reduce the need for large office spaces, electricity, telephone cost etc.
(5) What are their plans to support and or rehabilitate the staff so retrenched.?
(6) Their plan for distribution of essentials? Rationing?
(9) Can they agree on a small, efficient and capable cabinet? Let not the country have too many Ministers and or Officials telling the country different versions, confusing the people as to which is correct, and that too hoping that at least one will be correct.
(10) How will they source the revenue? Are they prepared to increase the direct tax component to 60% or even 75 % for the present? The majority of the population have been badly affected due to the current crises. Their only crime being they misused their votes. They should not be burdened further with indirect taxes. To reduce their burden indirect taxes have to be the lesser component of the revenue, at least for the present.
(11) Can they do away with duty free cars, and all other special privileges given to some sections of the society. All Laws must be equally applicable to all. Other than the First citizen of the country, all others (be it state employees or Parliamentarians) must be taxed on the same basis as others.
All Parties joining must undertake that they will no longer do politics with these issues, nor will they withdraw from the interim govt when it undertakes unpopular decisions on above issues. They must all commit to swim or sink together.
None of those who served as Ministers in failed Governments, or who were Ministers in MR’s Govts which decided on vanity projects, should not be given Ministerial positions. Same should apply to those Parliamentarians who voted for the 17 ,18,19 and 20th amendments should be excluded, as it shows they neither have principles, nor care for the country. Corrupt and convicts too should be kept out. KNOWLEDGE AND CAPABILITY should be the criteria in the selection of the Ministers. Those who are unable to deliver within 3 months must be made to stand down.
To the party leaders who want to form the government, may I say, first divulge your plan to the country.
Please, do not tell the country that you have a better plan. You can afford to fail but not the country or its people at large!
Fuel tokens, a big farce
The Minister of Power and Energy who covers a very responsible Ministry, was selected by the President probably due to his membership of the ‘Viyath Maga’, has undoubtedly proved to be a very inefficient Power and Energy Minister, and a complete failure without any doubt.
He is very capable of giving false hopes always of fuel and gas laden ships arriving on Sri Lanka shores, which have proved to be absolutely wrong. One wonders whether it is a gimmick to keep the fuel and gas starved motorists happy, and avoid the unending queues at fuel stations. This has proved to be a wrong system.
In order to control the daily queues, and knowing there will be no fuel ships for some time, he introduced the fuel token system out of the blues, and with no proper organizational effort. The policy announced regarding the token system, was to enable vehicle drivers to enter the fuel stations on a pre-selected day of the week, allocated to him/her, and dependent on the last digit of the vehicle number plate. This was again to avoid the long queues, according to the Power and Energy Minister.
With the latest innovative fuel token system announced, I visited the petrol station, in close proximity to my home on Monday 27th June, with much hope, and was among the first hundred with the details of my address, profession, NIC Number and contact mobile number. The relevant officer, who recorded the details, informed me that this was a pilot project, from Ratmalana to Moratuwa, and that when the fuel arrives at the petrol station, I will receive an SMS requesting me to report at the petrol station, at the allocated time, once again to avoid queues. But I did not receive the fuel token as it was not available. I was told that there was no necessity to have the token, as I will receive the SMS on my mobile phone.
The following day I received news that the fuel tokens are being issued. When I visited the fuel station, to obtain the token, there were four different long queues, along the road registering three-wheelers, motorcycles, vehicles needing diesel, and cars needing petrol. I met the S LAF officer, registering the cars queued up on the Galle Road, and told him that I am already registered in the book he was entering details and requested the token, which was denied to me. As the queues were there during the next two days, I visited the fuel shed on day four (30th June) when the officer was registering a few people. When my turn came, I showed the serial number and my name registered therein. I was told to wait until the SMS was received. He said that my registration will be cancelled if the token was given at a later date! Then I met the SL Air Force official and explained my position. He then approved the issue of the token. The delay in obtaining the token was nearly 15 minutes. By this incident it was evident that the advice given to Air Force officers to register and issue tokens was not properly given.
I was surprised to receive the token which was a slip of paper, with dimensions only 10cm x 6 cm. Inside it there were printed, Name of the Fuel Station, Type of fuel, Contact Number, Name, NIC Number, Vehicle No, , Date , Time, Signature of authorized Officer and Signature of vehicle Owner. With a microscopic piece of paper, it was with great difficulty that the necessary details were entered.
However, congratulations to the Minister of Power and Energy for drying up all the CEYPETCO FUEL STATIONS in The Island, without fuel for another three weeks or more, without queues, due to lack of fuel. Also causing unending long queues by supporting the LANKA IOC Fuel Stations, to issue your Fuel without Tokens at a higher price.
I politely ask you, Minister Kanchana, is not this another gimmick of yours to handover the CEYPETCO fuel stations to LANKA I O C?
So, we now know the reason for the latest gimmick of the Minister of Power and Energy to issue fuel tokens.
Do you now realise in your conscience, the problems created by you, especially to three-wheeler drivers, who are dependent on a daily living for their families by earning from hires, and now completely out of any earnings to feed their children, to give even a single meal?
Without creating further problems please resign from your post as the Minister of Power and Energy.
Eng. B.R.O FERNANDO
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