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Arbitrary dismissal of slmc members 

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Permit me some space to comment on the recent sacking of the President of the SLMC (Sri Lanka Medical Council), along with four other members.

The SLMC is an integral part of the machinery of Justice in the State. By an Act of Parliament, it is conferred powers to regulate the medical profession. Its mandate also includes protecting the health of the people. It is governed by the medical ordinance.

The SLMC consists of 25 nominated members: Deans, or nominees, of all medical and dental faculties, elected members, nominees of the Minister, representatives of dental practitioners, and a Representative of Persons Entitled to Practice Medicine, registered under section 41 of the Medical Ordinance and the Director General of Health Services in an ex officio capacity

 

Its functions include: 

A. Maintaining a register of Medical Practitioners, including Medical Specialists, as well as registers of the Allied Health Professions.

B. Maintenance of ‘minimum standards of medical education’.

C. Investigating complaints against those registered by the Medical Council, and, if found guilty, removing their names from the register, permanently, or for a specified period of time.

D. Performing other functions, which include “making representation to the Government on any matter connected with the medical profession in Sri Lanka.” 

Recently, The Minister of Health, Pavithra Wanniaratchchi, appointed a committee of inquiry to examine some complaints against the Medical Council, made by a prominent trade union. The inquiring committee of five members had three members directly linked to this trade union. The report of the committee has still not been made available for perusal by the public, or the members of the SLMC.

It is supposedly on the basis of this report that the five members, nominated to the SLMC, by the previous Minister of Health, have been dismissed forthwith. The so-called committee of inquiry was a fact-finding inquiry and no specific charges were made against those dismissed and they were not given a chance to defend themselves

Before any medical practitioner’s name is erased from the medical register, the medical ordinance requires that they be given a chance to defend themselves, with the assistance of a lawyer. This is a principle of natural justice, applicable to both public and private sectors, which prevents sudden unexplained dismissals, without showing cause.

 It is noteworthy that this right of self-defence has not been extended to the dismissed members of the LMC. 

The SLMC members, who were dismissed, are highly respected members of the medical profession. No SLMC member is in there for financial benefits. They are not paid a wage, only a sitting allowance, a mere pittance in today’s terms, for attending meetings. They provide a service to the profession.

As I am informed, there is now a very strong influence of a trade union bearing upon functions of the SLMC. As much as trade union action is important in the life of a profession, any influence it has on the SLMC is counterproductive as the SLMC is mandated with disciplining members of the profession (including members of trade unions). The presence of trade union members, in the various disciplinary committees of the SLMC, will make these disciplinary inquiries a farce. 

This is the kind of undesirable situation the SLMC find itself today, the entity mandated to protect the health of the public and to regulate the profession.

What has taken place is against the legal provisions of the medical ordinance, harmful to the interests of the general public, and an insult to the medical profession.

May I call upon ALL medical professional bodies to take up this matter and express their views.

 

Professor Lalitha Mendis

Emeritus Professor University of Colombo and 

Past President of the Sri Lanka Medical Council (SLMC) 

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Opinion

Reminiscences of Colombo University Arts Faculty and Library

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Whilst extending my felicitations to the University of Colombo on the centenary celebrations of the Faculty of Arts and the Library of the University, I would like to record my contribution towards these two units as the Registrar of the University.

It was during Prof. Stanley Wijesundera’s tenure as the Vice-Chancellor (VC) in 1980 that the proposals for the buildings in respect of the Chemistry Department, Physics Department, New Administration, Faculty of Law, Faculty of Arts and the Library were mooted and submitted to the Treasury. At that time it was the National Buildings Consortium that assigned the Consultants and the Contractors for the new buildings to be constructed. Within that year the Treasury allocated sufficient funds for the Chemistry, Physics, Faculty of Law and the New Administration buildings. However, no funds were allocated to the Faculty of Arts and only Rs. 7.5 million was allocated for the Library building.

With the funds allocated the Chemistry, Physics, Law Faculty and the new Administration buildings were able to get off the ground. The construction work in respect of the other two buildings could not commence due to non-allocation of sufficient funds, even though the consultants and the contractors and already been selected.

As the Minister of Finance at that time was from Matara, he was more interested in getting the required buildings for the newly established University of Ruhuna completed, which was in his electorate. This meant that the University of Colombo would not get any funds for new buildings other than those buildings where the construction work had already begun.

The university needed a building for the Faculty of Arts very badly as this Faculty had the largest number of students. The Vice-Chancellor requested me to draft a letter to the Minister of Finance. Accordingly, I drafted a letter and submitted to the VC for his signature. He told it was an excellent letter, and he signed without a single amendment and submitted same to the Minister. The Minister approved the releasing of the funds. Now the consultants to the building project studied the area required for the building and found that a small portion of land was necessary from the land of the Planetarium. My efforts to get the land from the person in charge of the Planetarium, the Senior Assistant Secretary and the Secretary himself were not fruitful. I told the VC of the position and that he would have to speak to the Minister in charge of the Planetarium, Mr. Lionel Jayathilaka. He got the Minister on line and addressing him by his first name and informed the Minister of the problem. The Minister immediately got it attended to. However, when the construction work started, they found that the additional land area was not necessary.

At that time, the payments to the consultants of building projects was 15% of the total value of the cost. So, in designing the building they tried to add various unnecessary items to jack up the cost. When the first phase was completed, the building looked monstrous and it was like a maze, as it was difficult to find your way out once you get in. I requested the architect to add some coloured tiles on the floors and the stairway and a few decorations on the walls. The university had a never ending tussle with the contractor as he was like Shylock asking for more, when everything had been paid. He tried various tactics but did not succeed in getting anything more as I was adamant not to give in.

When the second stage of the building project came up, I told the consultant to drop all the unnecessary items and have a straight forward building. This was done by the new contractor at much less cost to the university.

The Library building was the last of the buildings planned in 1980 that was awaiting construction. When Mr. Richard Pathirana became the Minister of Higher Education, I spoke to the two engineers who were assigned the task of supervising the building projects of the universities, and managed to get the funds passed by the Treasury for the construction of the Library building. When the Minister came on a visit to the university, he told me that the building that should have been done for Rs.7.5 million will cost Rs.253 million. I told him that the Treasury never gave any money after approving the initial funding of Rs.7.5 million. Anyway, I had achieved what I wanted to do and the building was successfully completed. Now the furniture for the Library had to be procured. When quotations were called the suucessful tenderer had brought a sample of the study tables. I rejected this as it was inferior to what I wanted and asked the officer concerned to get the design of the furniture from the library in the University of Peradeniya. This was done and the furniture was installed. The official opening of the new Library was arranged. By that time I had retired from the position of Registrar and was the Director of the Institute of Workers’ Education. Even though I was instrumental in getting the building done, I was not invited for the function. That is gratitude!!

 

H M Nissanka Warakaulle

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Opinion

Ali Sabry bashing

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Justice Minister Ali Sabry has appealed to his critics to spare him from the criticism that he was behind the calling of applications for the appointment of Quazis for Quazi Courts (The Island/23.01.2021). In my view, the allegations levelled against Justice Minister Ali Sabry are unfounded and uneducated. If you are an educated and unbiased citizen of this country, you’ll understand it better. The applications for Quazis for Quazi Courts have been called by the Judicial Service Commission, an independent Commission chaired by the Chief Justice of this country. If you aren’t happy with this decision, you have to take it up with the Chief Justice, not the Justice Minister. He has no control at all over the Judicial Service Commission. In a way, criticising that Justice Minister influenced the Judicial Service Commission, chaired by the Chief Justice, tantamounts to contempt of the Supreme Court. Moreover, Quazi Courts have been in existence for well over 70 years, and it hasn’t affected the Sinhalese or the Tamils nor has it been incompatible with the common law of this country. If there is any serious discrepancy, it can be rectified. But I wonder why the calling of applications for Quazis has now become an issue. I also wonder if the removal of Quazi Courts was promised as a part of the subtle 69 mandate. This is not the first time similar allegations have been made. When Rauf Hakeem was Justice Minister, Member of Parliament Pattali Champika Ranawaka  made serious allegations that more Muslim students were admitted to the Law College and led many protests and ultimately a group of monks stormed the Law College in protest. He had charged that Law College entrance exam papers were leaked and criticised the then Justice Minister Rauf Hakeem for it. He  knew very well that Law College came under the Council of Legal Education chaired by the Chief Justice and  Attorney General and two other Supreme Court judges among others were  members of this Council, yet he had made these allegations with a different motive. Amidst international outcry, Muslim Covid victims have been denied burial. To make the situation worse, some vindictive, venomous elements are now trying to create another bad scenario that Muslims can’t marry either according to their faith, and tarnish the image of this country internationally and drive a wedge between communities. Therefore I earnestly ask the law abiding and peace loving citizens of this country to work against these vindictive, venomous elements.  

 

M. A. Kaleel 

Kalmunai. 

 

 

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Opinion

What do Northern political parties seek?

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Political parties, based in the North, are reported to be getting prepared to attend the UNHRC sessions next month. For several decades, the only thing they did for their constituents is to spread feelings of hate among them, against the government and the people living in the South. Today, we have two important issues where India is involved – re. the Colombo Harbour and the death of four fishermen. There is another perennial issue of Indians fishing in our waters. Have these parties uttered a single word on those matters? What do they expect to gain, or achieve for the Northerners, even if they could prove SL war crimes allegations at the UNHRC? Can they honestly say that they were not a party to the LTTE and other terrorist outfits which looted, tortured and killed hundred or thousands of civilians, both in the North and the South?

Other than shouting about the rights of their people, have they done anything for the wellbeing of the people in those areas? Whatever was given to the people were those given by the Government on a national basis. Excellent example is the conduct of C V Wigneswaran, who held the high position of Chief Minister of the Northern Province for five years – had he done any significant service for the people? Those parties never complain about India for the killings, torturing and raping done by the IPKF, or the damage and loss due to the activities of Indian fishermen.

India too overlooks all that, and to keep Tamil Nadu happy, forces the SL government to grant whatever the Northern Parties demand.

 

K SIRIWEERA

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