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Exclusive: New Amendment proposed to address political crisis

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Prez to be empowered to remove PM, cabinet among far reaching proposals 

By Shamindra Ferdinando
Amidst Sri Lanka’s worst ever political and economic crises that triggered a spate of protests,

two of Sri Lanka’s eminent lawyers, Romesh de Silva, PC and Manohara de Silva, PC, have urged

President Gotabaya Rajapaksa to bring in an urgent amendment to the Constitution to address the issues at hand.

Romesh de Silva led the nine-member expert team that recently finalized a draft Constitution as requested by President Gotabaya Rajapaksa on behalf of the government.

They have advised the President  that it wouldn’t be possible to form a cabinet representing all political parties represented in Parliament under the present Constitution without a fresh amendment.

They have also submitted the proposed amendment to the leader of the main Opposition Party, the  Samagi Jana Balvegaya (SJB), who is also the Leader of the Opposition.

Well-informed sources said that urgent action was required to address the political and economic crisis.

The success on the current efforts to save the national economy could go awry unless the President and all political parties represented in Parliament take tangible measures to restore political stability, the two legal experys have pointed out.

Sources pointed out that the President hadn’t been able to finalize the cabinet nearly a week after members of the cabinet except Prime Minister Mahinda Rajapaksa resigned. Sources said that the President and the Opposition Leader could make an effort to reach a consensus with their respective parties.

The text of the proposed AMENDMENT TO THE CONSTITUTION

The following Article to be inserted after Article 44 and shall be numbered as Article 44A

(1) Notwithstanding anything contained in the Constitution, the President may in extraordinary and special circumstances –

(a) Remove from office the Prime Minister and members of the Cabinet of Ministers

(b) Appoint a Prime Minister in accordance with paragraph (3) of Article 43 subject to the approval of Parliament.

(c) Appoint a Cabinet of Ministers consisting of not more than fifteen Ministers who –

  1. Have the expertise in the subject and function assigned to him under sub paragraph (d)and,
  2. are not Members of Parliament or of any political party :

Provided that, the appointment of each of the members of the Cabinet of Ministers is approved by Parliament:

Provided further that the Appointment of each of such members is approved by the majority of the members of Parliament who are not members of the party of which the Prime Minister is a member

(d)  Assign subjects and functions to such Minister, provided that such Minister has the expertise in any such subject and is capable of performing the functions so assigned.

(2)The Cabinet of Ministers appointed under paragraph (1) shall function for a period of one year and may be reappointed until the next Parliamentary election is concluded, subject to the approval of Parliament

Sources said that if accepted, provision would have to be made to compel Ministers to attend Parliament to answer questions regarding his/her Ministry. Romesh de Silva and Manohara de Silva have informed the President in the wake of controversy over Finance Minister Basil Rajapaksa not being present in Parliament to answer questions regarding the financial crisis.



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COPE discovers fake documents covering drug imports in 2022/23

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The Parliamentary watchdog Committee on Public Enterprises (COPE) has found that there were fake documents regarding the importing of medicines under the emergency procurement system in 2022 and 2023.

This was revealed during a COPE meeting held at Parliament probing the transactions of the National Medicine Regulatory Authority (NMRA).

NMRA CEO Saveen Semage told the committee that several fake documents have been found due to the lack of registration of medicines.

Stating that six such fake documents were found last year alone, Semage said he had recorded statements regarding each of the documents with the Financial Crimes Investigation Division.

He revealed that, however, no investigations have been conducted yet into the incidents.

“We have documents with confessions from a woman accepting that fake documents had been made. However, a statement has not even been recorded from that woman yet,” he said.

Meanwhile, COPE member MP Asitha Niroshana Egoda Vithana also revealed that the highest number of waive-off registrations (WOR) for medicines had been obtained in 2022 and 2023.

He said 656 such WORs had been obtained in 2022 and 261 in 2023, adding that this proves that discrepancies have taken place during the emergency procurement of medicines during these periods.

Furthermore, Deputy Director General of the Medical Supplies Division of the Health Ministry, Dr. G. Wijesuriya said discussions are underway on allowing the State Pharmaceutical Corporation (SPC) to directly import essential medicines.He pointed out that it was essential to take a policy decision in this regard as a solution to mitigate such discrepancies.

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Batalanda report tabled in parliament, forwarded to AG

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Bimal Ratnayake

The Batalanda Commission report was tabled in Parliament on Friday by the Leader of the House and Transport Minister, Bimal Ratnayake.

Minister Ratnayake announced that the government has decided to forward the report to the Attorney General for legal advice. Additionally, a Presidential Committee will be appointed to provide guidance and recommendations on how to proceed with the findings of the report.

Ratnayake said that the Cabinet of Ministers, along with President Anura Kumara Dissanayake, has made a policy decision to take necessary action in response to the report. He reassured the public that steps are being taken to ensure that such a dark chapter in the country’s history is never repeated.

Minister Ratnayake said that a two-day debate on the Batalanda Commission report will be scheduled in Parliament at an appropriate time, allowing for a detailed discussion on the report’s findings and recommendations.

The report, which will be printed in all three official languages—Sinhala, Tamil, and English—will be made available to the public in the near future. Ratnayake confirmed that printed copies would be provided to members of Parliament as well as the general public for their review.

The Leader of the House further revealed that there are 28 evidence volumes associated with the commission’s work, which will be submitted to Parliament at a later date for further scrutiny.

Ratnayake said that as entire country concerned of the Batalanda Commission’s findings, the government’s commitment to addressing the issues raised and preventing future atrocities stands clear. The next steps, including legal action and policy recommendations, will be shaped by expert advice and informed parliamentary discussions, he said.

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CB Governor stresses need to assist crisis-hit construction industry

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Governor of the Central Bank Dr. Nandalal Weerasinghe on Friday (14) emphasized the importance of promoting a sustainable and cost-effective construction industry in the country, highlighting key challenges and opportunities in the sector.

Speaking at ‘Construction Expo 2025’, Dr. Weerasinghe underscored the need for Sri Lanka to align with global trends in sustainable construction, integrating cost-effective energy solutions and eco-friendly building practices.

“I must say my views here are not necessarily as Governor of the Central Bank of Sri Lanka, but as a person looking at this construction industry and how this can be developed and what the issues are. Sustainability in construction is essential, not just for new projects but also for existing buildings,” he noted.

Dr. Weerasinghe acknowledged that the construction sector has been one of the hardest-hit industries due to multiple economic pressures in recent years including the decline in public investments, high material costs and the industry being dependent on government projects.

The CBSL Governor, who acknowledged that the government faced fiscal constraints, limiting infrastructure spending and delaying payments to contractors, said that however, the outstanding arrears had now been settled.

“Government did not have space to spend money for public investment, especially construction that had a significant impact on the industry in the last couple of years, plus the government inability to pay the arrears for a long period. That was an issue we all recognize that has been one of the adverse impacts the industry had in the past”, he expressed.

“Also the cost of materials went up significantly, partly because of foreign exchange shortages. As a result, the shortage had shot up the prices of construction materials, as well as depreciation of the currency, high interest rates, finance costs, and other factors. We all recognize that it had an adverse impact on the industry. It’s one of the worst affected industries because of all these factors.”

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