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Editorial

It’s the Supreme Law stupid!

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Thursday 23rd June, 2022

Tuesday’s Supreme Court decision in favour of Dhammika Perera anent a petition against his appointment as a National List (NL) MP of the SLPP, reminds us of a serious discrepancy between a section of the Parliamentary Election Act No 1 of 1981 and some provisions of the Constitution, governing the NL appointments. Strangely, this incongruity has gone unaddressed all these years, and outsiders continue to be catapulted to Parliament via the NL, some notable cases being the appointments of Sarath Fonseka (2016), Saman Rathnapriya (2020) and Basil Rajapaksa (2021).

Article 99A of the Constitution says the Commissioner of Elections shall by a notice, require the secretary of a recognised political party or an independent group that secures NL slots at a general election ‘to nominate persons to be elected as Members of Parliament (being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or in any nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats, and shall declare elected as Members of Parliament the persons so nominated’. (Emphasis added.) But Section 64 (5) of the Parliament Elections Act No 1 of 1981 authorises secretaries of political parties to appoint ‘any member’ to fill an NL vacancy; this violates the people’s franchise, for the party leaders can engineer NL vacancies and bring into Parliament persons other than those who are presented to the public as their NL candidates at a general election.

Basil Rajapaksa’s NL appointment became even more controversial because he was disqualified from contesting elections due to his dual citizenship when the SLPP won the 2020 parliamentary polls and secured its NL slots. But Basil had the last laugh, and the entire nation is now in tears because he accelerated the ruination of the economy after entering Parliament via the NL and becoming the Finance Minister.

Given the despicable manner in which political party leaders abuse the aforesaid section of the Parliament Elections Act, it is not difficult to imagine how bad the situation will be if their efforts to abolish the preferential vote mechanism or manape, which they make out to be the mother of all battles among their candidates, reach fruition. There is nothing intrinsically wrong with the preferential vote, and it should not be deep-sixed simply because political dregs fight over it. If it is done away with, party leaders will be able to manipulate nomination lists to enable their favourites to enter Parliament at the expense of the popular candidates.

The preferential vote system was introduced to prevent party leaders from undermining people’s preferences, and enable the public to vote for the candidates of their choice. The preferential vote battles erupt because political leaders are too impotent to enforce discipline in their parties, and usually nominate political offscourings to contest elections. The JVP has demonstrated that party discipline is the best antidote to preferential vote battles; it is free from Manape clashes. If other political parties do likewise, there will be no need to scrap the preferential vote system.

It has now been revealed that the original Parliament Elections (Amendment) Bill ratified by the House in 1988 did not contain provision for the appointment of ‘any member’ of a political party to fill an NL vacancy; this undemocratic section was smuggled into the Bill after its ratification. This fact came to light during a constitutional argy-bargy over some NL appointments following the conclusion of the 2015 general election, but no action has been so far taken to rectify it.

Will any of the MPs campaigning for democracy and good governance call upon Parliament to examine the above-mentioned incongruity and take steps to rectify it by bringing the controversial section of the Parliament Elections Act in line with Article 99A of the Constitution? There is a pressing need to close this hole, as it were, which has rendered the Constitution, which is considered the country’s supreme law, hollow. Likewise, a constitutional provision must be introduced to enable post-enactment judicial review of legislation so that bad laws hurriedly passed by Parliament could be challenged in the Supreme Court. At present, laws are faits accomplis; there is absolutely nothing that can be done about them, and hence governments are in the habit of steamrollering Bills through the House.



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Editorial

All bark and no bite

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Wednesday 6th July, 2022

Parliament was thrown into turmoil once again yesterday, when a group of Opposition MPs staged a boisterous protest against President Gotabaya Rajapaksa’s presence in the House. They shouted themselves hoarse, asking the President to step down. The whole country has been asking the President to go home, but he carries on regardless. Politicians who savour power never give it up of their own volition; they are like limpets. So, no amount of shouting will help the SJB, the other Opposition parties in Parliament, and the public see the back of the President, as it stands. It looks as if the Opposition had to change its strategy.

The government still has a working majority in Parliament; it therefore has the edge in shouting matches in the House and can secure the passage of bad laws. Yesterday, there were dozens of government MPs shouting in support of the President. The Opposition has its work cut out as regards its plan to topple the government by mustering enough numbers in Parliament, and this may be the reason why it has taken its battle to the streets. A similar situation arose towards the latter stages of the yahapalana government. The UNP-led UNF retained an absolute majority in the House with the help of the JVP and the TNA although it was losing popular support rapidly. The SLPP intensified its campaign outside Parliament and turned the tables on the yahapalana regime; it won the presidential and parliamentary polls with huge majorities. But this time around, there is neither an election in sight nor a guarantee that the next government to be elected would be a stable one, and the present crisis would go away even if Parliament resolved to dissolve itself and a snap general election was held anytime soon. There’s the rub. The SJB, other anti-government forces, and the country will stand to gain only if all parties get together to break the back of the crisis before the next general election.

It has been reported that the Opposition is planning to launch a continuous protest soon to pressure the President to resign. The President is not likely to step down due to protests, but if he happens to find himself in a situation where he is left with no alternative but to sacrifice Prime Minister Ranil Wickremesinghe and appoint a new government with someone else as the PM, to save his skin, he will not scruple to do so. After all, he had his own brother, Mahinda, step down as the PM, didn’t he? In fact, he offered the premiership to SJB leader Sajith Premadasa before appointing Wickremesinghe PM. Anything is possible in politics.

The Opposition may have thought yesterday’s protest against the President would go down well with the irate public, languishing in queues and skipping meals, but such gimmicks will not help solve their problems. People are so indignant that they may love to see the President and other government grandees being ridiculed, but that does not serve their purpose. The interests of the public will be served only if all political parties, which are responsible for the mess the country has got into over the years, albeit to varying degrees, speak with one voice and act unitedly to resolve the crisis.

President Rajapaksa may have sought to prove MP Wimal Weerawansa wrong by attending Parliament yesterday. The latter said on Monday that the President was nowhere to be seen, the implication being that he was in hiding. But the President’s presence only led to a serious disruption to parliamentary proceedings in a time when the national legislature should remain maniacally focused on how to contain the crisis. The IMF and foreign governments have told Sri Lanka with one voice that it has to get its act together to qualify for financial assistance, but its political leaders are jousting for supremacy instead of sinking their differences and working out a common agenda to save the economy.

Meanwhile, Prime Minister Wickremesinghe threw down a challenge to JVP leader, Anura Kumara Dissanayake, who claims to be able to revive the economy in six months. He said he would resign, allowing Dissanayake to take over as the PM if the latter could present to Parliament a workable plan to resolve the crisis so fast. Will Dissanayake take up the challenge or continue to protest? The SJB also can reveal to the House how it intends to sort out the economy, and thereafter ask for the reins of government to implement its economic recovery programme. Such a course of action will be much more effective, and beneficial to the country than shouting.

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Editorial

A dangerous trend

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Tuesday 5th July, 2022

Fossil fuel is highly inflammable and has to be handled with care, as is known to everyone. Shortages thereof could also be so, in a manner of speaking, as evident from how tempers flare in fuel queues, igniting violence. There have been countless untoward incidents at filling stations, some of which even had to be closed temporarily as a result. The situation has recently taken a turn for the worse. Now, protesters are clashing with the police and security forces personnel directly. An armed soldier was stabbed at a fuel station in Embilipitiya, the other day, and an army officer was seen kicking a protester elsewhere. This is an extremely dangerous trend. When the armed forces are deployed to control angry crowds, violent encounters are to be expected.

In May, the country witnessed a spate of violence in the aftermath of the SLPP goon attacks on the Galle Face protesters. Organised gangs wearing full-face helmets carried out arson attacks in a very systematic manner as if they had rehearsed for those destructive acts. Luckily, they failed to sustain the wave of violence, but they may be able to compass their anarchical ends if clashes between the people and the armed forces erupt.

The best way to defuse widespread tensions is to make fuel freely available, but given the prevailing forex crunch and the attendant shortages of essential imports, the government must at least make a serious effort to ration fuel to be imported and bring profiteers to justice. Cynics say Sri Lanka has become an oil rich country of sorts although pumps at its filling stations have run dry. This situation has come about thanks to hoarders who are making a killing while the ordinary people have been left without any fuel. At this rate, the government might not be able to solve the fuel shortage even if a dozen ships carrying oil were to arrive in quick succession. Raids continue to yield huge amounts of hoarded diesel and petrol, but we believe that the police are only scratching the surface of the problem. If handsome rewards are offered for information that leads to the seizure of hoarded fuel, and raids are stepped up with more decoys being deployed, the police will be able to seize at least a shipload of fuel from hoarders.

What characterises the petroleum sector is utter chaos with racketeers having a field day. Most vehicles, especially trishaws, do not leave queues even after being refuelled; they keep returning and obtaining diesel and petrol continuously at the expense of others, who are left without any fuel as a result. Most trishaws are not available for hire these days, for it is much more lucrative to wait in queues, obtain fuel and sell it on the black market, where a litre of petrol or diesel fetches as much as Rs. 2,000. The success of any strategy to dispense fuel equitably will hinge on the government’s ability to hold unscrupulous elements at bay until fuel supplies are restored to the pre-crisis level. The recently-introduced token system has manifestly failed, and it is only natural that the government has dissociated itself from this harebrained scheme.

The government should introduce fuel rationing urgently. Perhaps, it should seriously consider adopting the odd-even rationing and having fuel stations stamp a mini calendar on the reverse of the revenue licence of every vehicle so that dates on which fuel is issued can be cancelled, at the pump, preferably by the police. This scheme, we believe, may help halve the number of vehicles waiting in fuel queues, infuse the public with confidence and thereby thwart speculation, which results in hoarding.

Meanwhile, when diesel is issued, priority has to be given to vehicles engaged in public transport and tourism, trucks transporting essentials, fishing craft, etc. This does not happen at present; even the owners of super luxury SUVs that do not do more than four to five kilometres to a litre of petrol or diesel have unlimited access to fuel. Many such gas guzzlers have been sighted at the CPC’s Kolonnawa storage terminal, where fuel is said to be issued to the so-called VVIPs, while the majority of private buses cannot operate for want of diesel.

The root cause of the fuel crisis is the shortage of forex, but the government’s cavalier attitude and inability to introduce a proper rationing system have aggravated it and are likely to plunge the country into anarchy with people clashing with the police and the armed forces, much to the glee of the so-called Helmet Brigade waiting in the wings for another opportunity.

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Editorial

Lessons from Libya

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Angry protesters have set the Libyan Parliament building on fire. They have been calling for elections. Continuing power cuts, soaring prices, months of political deadlock, etc., have driven the Libyans to extreme action although their demands have been endorsed by the interim Prime Minister, Abdul Hamid Dbeibah, who has also agreed in principle to the need to overhaul all state institutions. Libya is in chaos today with rival parties vying for power and killing one another because of the western-backed regime change in 2011.

Muammar Gaddafi was an eccentric dictator, who had to be made to uphold democracy, but the West had other plans and destabilised Libya by supporting the anti-Gaddafi forces that included Jihadist fighters. Until the ouster of the Gaddafi regime in 2011, Libya had boasted not only political stability but also excellent living standards, which were the highest in Africa and easily compared with those in the developed countries; it had one of the best social welfare schemes in the world. The Arab Spring has turned out to be a winter of despair for Libyans.

Prevailing economic, social and political conditions in Sri Lanka are similar to those in Libya at present in some respects, and have the potential to plunge the country into lawlessness just like the north African nation in depths of anarchy. This is something both the government and the Opposition should take cognisance of.

The government is groping in the dark. The Opposition parties are pulling in different directions, demanding that they be allowed to govern the country. They have said they will join forces to hold a continuous protest in Colombo, seeking the ouster of President Gotabaya Rajapaksa. The removal of the President may be the most effective way of extricating the country from the tentacles of the Rajapaksa family, which is aggravating the crisis by leveraging Prime Minister Ranil Wickremesinghe’s dependence on Basil Rajapaksa’s SLPP. Now, some Basil loyalists such as SLPP General Secretary Sagara Kariyawasam, are crawling out of the woodwork. But the ground reality is that President Rajapaksa cannot be ousted so easily. Unless he resigns, he has to be impeached. The process of impeaching the President is a tedious one, and the Opposition is without sufficient numbers in Parliament for that purpose. A sustained protest campaign backed by a general strike may be considered an option, but such a course of action will be tantamount to collective suicide in that political upheavals will destroy the economy and deprive the country of the much-needed foreign assistance. The way out, in our book, is to crank up pressure on President Rajapaksa to appoint a truly national government so that all political parties will have to stop protesting and make a contribution towards crisis management.

Sri Lankans are a credulous lot. They swallowed Dhammika peniya (syrup), which was touted as a cure for Covid-19. Gotabaya offered a political peniya, (read the Vistas of Prosperity) claiming that it was the cure for all ills of Sri Lanka, and the people fell hook, line, and sinker for it only to be disappointed. Now, they are being offered the Sajith peniya and the Anura Kumara peniya. The SJB consists of a bunch of politicians who were in the yahapalana government, which failed. The country is paying the price for having elected, as its President, a person without any experience in statecraft. The JVP, which could not run even a local government institution properly, is now demanding the reins of government. Its ideology is an anachronism in the modern world, and its utopian dream may be marketable but is not attainable.

The Opposition parties must be prevented from using the present crisis to hoodwink the public, capture power, and thereafter go on asking for time to find a solution while blaming their predecessors. No single party is equal to the task of helping straighten up the economy under its own steam, and there will have to be a concerted effort. That is why all political parties must be made to form a unity government and carry out their promises collectively pending a general election. They have to make necessary laws and policies to enable the technocrats of the Finance Ministry, the Central Bank, etc., to resuscitate the economy. Nobody will be safe if the country slides into anarchy with the irate public marching on Parliament.

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