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Appointments to the Supreme Court: Thoughts of the Bar Association
The Bar Association of Sri Lanka (BASL) has called for the implementation of transparent and merit-based criteria in appointing judges to the Supreme Court. In a letter addressed to President Anura Kumara Dissanayake, the BASL highlighted the need for appointments to adhere to seniority, eligibility, and competence.
The BASL emphasized the significance of these appointments, citing their lasting impact on the judiciary and the legal framework of the country. “Proper and valid criteria must be followed to ensure that these appointments are transparent and evident to all,” the letter stated.
The letter dated Jan 08 and signed by BASL President Anura B Meddegoda PC said: The appointment of judges to the apex courts is a matter of vital concern to the judiciary, members of the Bar and indeed to all citizens of the country. It is unnecessary to emphasize that it is the judges of the apex court who would determine the law that affects all citizens and who finally decide on the rights of the citizens. It is absolutely essential that proper and valid criteria are followed in making appointments to the apex courts and that it should be transparently evident for all to see.
It is the position of the BASL that appointments to to apex courts should be made on the basis of seniority, eligibility and merit.
The BASL points out that at present there are four vacancies in the Supreme Court and that in making these appointments, a lasting impact could be made on the judiciary and the legal system.
Therefore, it is the considered position of BASL that these appointments must be not merely according to the letter of the law, but also in keeping with the highest levels of transparency and accountability, which we as lawyers demand of all other appointments in this country.
In fact, at the last meeting of the Bar Council held on Saturday 21st December 2024, it was unanimously decided to convey to the President, guidelines formulated and unanimously ratified by the Bar Council in 2014 on appointments to the Apex Courts.
The said recommendations are as follows:
1. The criteria for the appointment of persons to Supreme Court should include-
a. The person to be appointed should have an impeccable record of integrity and be of unimpeachable character
b. The person to be appointed should be independent and be perceived to be independent.
c. The person to be appointed possesses the required competence and ability to function as a judge of the Supreme Court and should be manifestly clear of his/her services as a member of the judiciary, member of the official or unofficial Bar.
2. When making appointments to the Supreme Court, the President should consult His Lordship the Chief Justice, the Attorney General and the President of the BASL.
3. Appointments to the Supreme Court from the Court of Appeal be made in line with the seniority of the incumbent judges unless there is a manifest good reason for not following this practice.
4. Appointments to the Supreme Court from the Official Bar should ordinarily be made in line with the seniority of the office of Solicitor General or Senior Additional Solicitor General.
5. Appointments to the Supreme Court from the Unofficial Bar should be ordinarily from amongst Attorney’s-at-Law who have actively practised as counsel for minimum of 25 years.
It is in the best interest of the Supreme Court and the country that due consideration should be given to the fact that appointments to the Supreme Court be made by the judiciary, the official Bar and the unofficial Bar.
In the interest of furthering good governance, strengthening the rule of law and promoting the independence of the judiciary, I on behalf of the Bar, urge Your Excellency to give due consideration to these recommendations,” said the letter.
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Red rice shortage blamed on RW, chicken implicated
ECONOMYNEXT –Sri Lanka’s red rice which disappeared from shop shelves after price controls were strictly enforced, was due to the ex-President Ranil Wickremesnghe distributing rice, Trade Minister Wasantha Samarasinghe claimed.
“The last government before the Presidential election did a dastardly (Alu-goth-theru, thaka-thiru wedak) before the presidential election,” Samarasinghe told parliament.
“They took red rice from mills in the South paying 10 rupee extra (per kilo) and distributed it around the country.”
“They gave red rice to people who do not usually eat it,” he claimed.
Red rice was mostly eaten by Sri Lankans in the South and the Ratnapura district, he claimed.
Sri Lankans consume about 2.4 million metric tonnes of rice a year, according to government data. This works out to 200,000 metric tonnes a month.
People also consumed about 100,000 metric tonnes of wheat, he said.
About 65 percent of the rice grown by farmers was Nadu (white grain used for par-boiled rice) and about 15 percent was kekulu rice according to Minister Samarasinghe.
About 15 percent was Samba and about 4 to 5 percent was Basmati rice used in hotels, he said.
Last year the paddy harvest from two seasons was 4.9 million metric tonnes according to official estimates, which should have given 2.9 million metric tonnes of milled rice, he said.
This should have resulted in a 500,000 tonne surplus, he said.
When rice prices went up towards the end of the year, (which happens in many years) ahead of the Maha harvests due to import controls, a narrative was initially spread that a ‘mafia’ of millers was hiding stocks.
“Now we know that there are no stocks,” he said.
Minister Samarasinghe said mills in the North Central, East and South were all checked.
It is a basic economic principle taught in first year economics that when a price control is set below the market clearing price goods go off the shelves and a ‘black market’ is created at the market clearing price.
The black market at which red rice is available is now around 270 rupees a kilo, compared to a price control of 220 rupees.
The Consumer Affairs Authority had embarrassed several governments and put consumers in difficulty with its price controls in the recent past.
In 2021 as the central bank printed money and prices went up, the then government also slapped price controls. But later, then Trade Minister Lasantha Alagiyawanna, realized the problem and apologized to the public for putting them in difficulty.
“We admit that the price controls created shortages,” Minister Alagiywanna said at the time in a very rare occurrence. “We apologize for the inconvenience caused to consumers. But the government did this with the best intentions.”
Authorities initially claimed that Nadu rice was being hidden by the ‘mafia’ and slammed a price control for Red rice ten rupee below.
An examination of past data shows that red rice price overtook that of Nadu and went close to the premium Samba rice in December as New Year demand went up and stocks ran down.
By setting a ceiling price below the market clearing price, a government can create a shortage in any good.
Chicken were also implicated in the rice crisis, he said.
A legislator interrupted to suggest that perhaps Minister Samarasinghe’s statistics were not correct.
“I was just going to get to that point,” Minister Samarasinghe said. “On one side there was a red rice shortfall, because red rice was distributed to those who did not do it.
“In Sri Lanka there are 125 lakhs of layer chicken. They have 80 lakhs of chicks. This industry buys 300,000 metric tonnes of rice a year.”
Red and white raw rice is also made into flour. There was also an ornamental fish industry that needed feed, he said.
“So, our departments, our institutions should reduce this from the harvest,” he said.
However, chickens have been farmed in previous years as well. Sri Lanka has government controls not only imports of rice but maize as well, which is the key ingredient of animal feed.
The current administration also relaxed the import of rice, but did not take off the tax which amount close to 50 percent of world prices.
News
Vogue boost for South coast
In a major boost for Sri Lanka’s tourism sector, international lifestyle magazine Vogue has named the country’s south coast as this winter’s hottest travel destination. The feature highlights the region’s pristine beaches, abundant wildlife, tranquil tea estates, and unique cultural experiences, positioning the south coast as the perfect escape for travellers seeking warmth and adventure during the colder months.
Industry sources said that this recognition highlights the growing global appeal of Lanka’s south coast, renowned for its natural beauty and rich cultural heritage. As more international travellers turn their attention to this stunning region, the accolade is set to further enhance Lanka’s standing on the global tourism map.
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Udayanga Weeratunga remanded over assault complaint
By Hemantha Randunu
Former Lankan Ambassador to Russia, Udayanga Weeratunga, was arrested on Friday by the Mirihana Police on allegations of assault. The incident reportedly occurred on Thursday at his residence on Kanatta Road, Thalapathpitiya, Mirihana, following a dispute with a neighbor over a boundary wall separating their properties.
According to the police, the altercation escalated when Weeratunga allegedly struck his neighbor with a pipe. Hospital sources confirmed that the neighbour sustained facial injuries, requiring five stitches for treatment.
The Mirihana Police received a complaint about the assault on Thursday and initiated an investigation. Based on their findings, Weeratunga was arrested on Friday morning. Following his arrest, he was presented before the Nugegoda Magistrate’s Court and was remanded in custody until January 17.
The Mirihana Police are continuing their investigations into the matter.
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