Editorial
Laws and flaws
Monday 16th October, 2023
Laws, passed by the Parliament of Sri Lanka during the past several years, contain flaws, which have even impeded the implementation of some of them, according to media reports. The defects have been attributed to lapses on the part of the public officials who drafted the laws at issue. There has been no official denial of the media reports in question, and supposing they are accurate, then drastic action has to be taken to straighten up the flawed laws. But this task has to be carried out in a very transparent manner, and no room must be left for the government to introduce ad hoc changes and thereby compass its political ends on the pretext of ridding laws of their flaws and facilitating their implementation.
An unauthorised change made to a crucial amendment Act, about 35 years ago has had a corrosive effect on the Constitution, especially the people’s franchise, which is a fundamental component of representative democracy. That abominable provision has enabled the political parties to circumvent the Constitution and appoint individuals of their choice to Parliament via the National List (NL).
As we have pointed out in a previous comment, Article 99A of the Constitution allows only the persons whose names are included in the lists submitted to the Commissioner of Elections or in any nomination paper submitted in respect of any electoral district by political parties or independent groups at elections to be appointed to Parliament via the NL. This provision led to the undemocratic practice of the candidates defeated at elections to be brought in as NL MPs. In 1988, the then UNP government did something even worse. It introduced Section 64 (5) of the Parliament Election Act, inter alia, as an urgent Bill, eroding the essence of the constitutional provisions pertaining to the NL and the people’s sovereignty.
The Parliament Election Act of No 1 of 1981, as amended in 1988, allows ‘any member’ of a political party to be appointed to fill an NL vacancy. After parliamentary elections, political parties appoint their NL members as prescribed by the Constitution, and thereafter engineer NL vacancies and appoint persons of their choice to Parliament. Attempts to have this highly undemocratic practice terminated by the judiciary have been in vain.
Worse, it has been revealed that the words, ‘any person’, were smuggled into the amendment to the Parliamentary Elections (Amendment) Act after its ratification by Parliament! Strangely, there has been no sustained campaign for the abolition of this legal provision, which allows virtually anyone to enter Parliament without contesting a general election or being nominated as an NL candidate, and even become the Prime Minister, who takes over as the Acting President in case of the popularly elected President’s death, removal or resignation.
The aforesaid legal provision has become a fait accompli because the present Constitution does not provide for the post-enactment judicial review of legislation. In a country like Sri Lanka, the need for the judiciary to be empowered to review laws after their ratification cannot be overstressed, given the deplorable methods that governments employ to subjugate even the Constitution to their political interests. It may be recalled that the UNP-led Yapahapalana government stuffed the Provincial Council Elections (Amendment) Bill with questionable sections at the committee stage before rushing it through Parliament, in 2017, to postpone the Provincial Council polls indefinitely.
Hence, care should be taken to ensure that no unauthorised changes are introduced to laws passed by Parliament. The Opposition has to remain vigilant to ensure that the government does not meddle with laws. If the SLFP, which was in the Opposition in 1988, had carried out its legislative duties properly and perused the Parliamentary Election (Amendment) Act, it would have been able to challenge the unauthorised insertion thereinto, then and there. The incumbent government, which has caused elections to disappear, so to speak, will not baulk at anything to safeguard its interests.
Editorial
Stop mob intimidation
Wednesday 29th April, 2026
The police yesterday intervened to prevent a clash between a group of JVP activists and some Opposition politicians who held a protest near the private residence of Secretary to the Ministry of Finance Dr. Harshana Suriyapperuma, in a Colombo suburb. The protesters complained of a cow dung attack by the JVP members, who denied the charge. Tempers were flaring, and the two groups would have come to blows but for the police presence.
There is no gainsaying that citizens have a right to conduct peaceful protests near state institutions where scandals occur or in other public places. On Monday, a large number of anti-government activists were seen near the Finance Ministry protesting against an illegal diversion of Treasury funds. They shouted themselves hoarse before dispersing. But some self-proclaimed anti-corruption campaigners obviously overstepped their limits and became a nuisance when they protested near Dr. Suriyapperuma’s house the following day. Such demonstrations, in our view, amount to mob intimidation.
The family members of Dr. Suriyapperuma or other Finance Ministry officials obviously have nothing to do with the theft of Treasury funds and must not be made to suffer distress. One may argue that the JVP, which resorted to similar tactics in the past, has been hoist with its own petard. The JVP even made a determined yet abortive bid to march on Parliament at the height of a popular uprising in 2022. If it had succeeded in its endeavour, the country would have been plunged into anarchy. But two wrongs don’t make a right.
Lessons learnt during the final phase of Aragalaya in 2022, when scores of houses belonging to the then ruling party politicians and their family members were torched and an SLPP MP was murdered, must not be forgotten. Protests and counter-protests tend to spiral out of control once tension rises and seething anger blinds mobs to reason. Hence the need for the organisers of such events to act with restraint and take precautions. Political leaders ought to keep troublemakers among their supporters on a tight leash.
Pressure must be ramped up on the government to stop shielding the corrupt and have the Treasury theft and other scandals probed thoroughly, and the Opposition’s right to hold peaceful protests cannot be questioned, but under no circumstance must protesters be allowed to mob the residences of politicians and officials.
Ad hoc funds
Everything seems to have gone wrong at once for the JVP-NPP government. While the Opposition is flogging the issue of a Treasury fund diversion to a rouge account, Chairman of the Committee on Public Finance (COPF) and SJB MP Dr. Harsha de Silva has raised concerns about the legality of the Rebuilding Sri Lanka Fund (RSLF), which was set up in the aftermath of Cyclone Ditwah last year.
On Monday, addressing the media, Deputy Minister of Finance Dr. Anil Jayantha Fernando assured the public that the RSLF was safe. Donations had come from Sri Lankans and foreigners in 49 countries, he said, dismissing as baseless a claim that the fund had not been properly utilised. Responding to him, the COPF Chief has said that the RSLF has no legal validity. He has argued in an X message that under the IMF programme several funds were abolished, and only statutory funds are maintained. He has repeatedly questioned the Finance Ministry officials on issues regarding the RSLF only to be informed that they are still working on them, according to his social media post.
The RSLF has been free from allegations of irregularities, but its lack of statutory grounding could give rise to issues about transparency, regulatory oversight and public trust. Statutory recognition will help foreclose criticism that often has a corrosive effect on the integrity of relief funds.
It is hoped that the COPF will ensure that the Finance Ministry officials appear before it and explain why they have made no serious effort to obtain statutory status for the RSLF. The practice of establishing ad hoc relief funds needs to be discontinued.
Editorial
Treasury theft: Heed Sajith’s demand
Tuesday 28th April, 2026
The JVP-NPP government has painted itself into a corner and provided another rallying point to its political opponents, who are on the offensive, using the latest scandal as a bludgeon to beat the ruling party leaders with. The last few days have seen Opposition protests against the diversion of Treasury funds (USD 2.5 million) to a rogue account. The protesters would have the public believe that it is the biggest-ever theft of state funds, and the government has no moral right to remain in power. They are demanding that President Anura Kumara Dissanayake resign as the Minister of Finance and Dr. Harshana Suriyapperuma step down as the Secretary to the Finance Ministry.
However, there is a counterargument that cannot be ignored under the principle of natural justice. It posits that the fund diversion happened during a routine process of debt servicing, and the officials who handled the task did not contact the creditor, an Australian agency, despite being alerted by the Central Bank, and ordered the fund transfer, after checking with the phisher, of all people, on the account number. There is no evidence that they sought approval of the senior Treasury officials for the erroneous fund transfer, and the theft happened due to the sheer negligence of some officials in the External Resources Department (ERD).
The incumbent government has earned notoriety for scapegoating state officials, as evident from the manner in which it has sought to defend former Energy Minister Kumara Jayakody, who is embroiled in a coal procurement scam. Therefore, it is only natural that the JVP-NPP administration stands accused of trying to help the President and the Treasury Chief save their skins politically by throwing some ERD officials to the wolves. It is popularly said that he who hath an ill name is half-hanged. Reputations and perceptions do matter in politics, but it is imperative that all aspects of an issue be examined thoroughly during an investigation before conclusions are drawn.
There seems to be no end to the current rulers’ bungling. The government blundered big time by keeping the theft of Treasury funds under wraps. The illegal fund diversion would not have snowballed into a huge political issue if the government had disclosed it immediately after the phishing attack came to light and called in the CID to conduct a probe. Most of all, Parliament should have been informed of the incident without delay.
Having made a colossal blunder that has provided grist to the Opposition’s mill, the least the government can do now to prove its much-touted commitment to upholding accountability and transparency is to heed Opposition Leader Sajith Premadasa’s call for appointing a Parliamentary Select Committee (PSC) headed by an Opposition MP. The PSC proceedings must be open to the media. Ideally, the Opposition should have a majority on the committee, as the SJB has suggested. The government should be able to allow an independent parliamentary probe into the Treasury theft if it has nothing to hide. The public has a right to know the truth.
Many of those who are condemning the government for the illegal fund diversion pretend to be paragons of virtue, but they themselves are tainted. Some of them have a history of cutting numerous corrupt deals and defending crooks while in power. The bigwigs of the SJB and the UNP who are accusing the government of covering up rackets and shielding the corrupt went so far as to deny the Treasury bond scams in 2015 and had no qualms about defending those responsible for that financial crime. They even sought to dilute the COPE (Committee on Public Enterprises) report on the bond scams, with a slew of footnotes. (Ironically, the JVP itself backed the UNP-led Yahapalana government despite the bond scams and other corrupt deals.) The less said about the SLPP politicians, the better. The SLPP became a metaphor for corruption, while in power, but today its leaders have taken to moral grandstanding and are on a crusade against corruption. They defended Keheliya Rambukwella, who was exposed for procuring substandard medicines and fake cancer drugs.
Sadly, the JVP-NPP government, which came to power, promising to eliminate corruption and usher in good governance, has failed to live up to the expectations of the public, who hoped for a new political culture. Worse, it has created a situation where the crooks out of power are recovering lost ground on the political front.
Editorial
Washington shooting and ‘sick people’
Monday 27th April, 2026
US President Donald Trump would have the world believe that Saturday evening’s shooting incident during the annual White House Correspondents’ dinner, at the Washington Hilton, was part of a plot to assassinate him. The event had just got underway when shots were heard in a lobby adjoining the ballroom. President Trump, his wife, Vice President J. D. Vance and other government politicians were rushed off the stage unhurt and escorted out of the hotel. Others ran for cover. Fortunately, no one was hurt. The gunman was arrested and identified as Tomas Allen, a 31-year-old from California.
President Trump lost no time in taking to Truth Social, calling the assailant a ‘very sick person’. One cannot but agree with him on this score. Nobody in his proper senses would ever have sought to harm a group of unarmed persons or penetrate a thick security cordon, carrying only a gun and knives, to assassinate the President of the United States. Just like the Californian man now in custody, those who carry out assassinations or order them are ‘very sick people’.
Ironically, President Trump, who ran away on Saturday, fearing a gunman, never misses an opportunity to brag that he had a foreign leader assassinated—Ayatollah Ali Khamenei of Iran. It is ‘very sick people’ who have civilian centres, especially hospitals and schools, bombed in the name of war. During the opening hours of the US-Israeli attacks on Iran, on 28 February, a missile struck a girls’ school, killing more than 170 people, most of whom were schoolgirls. There are also videos of brave Iranian doctors and nurses risking their lives to save babies in neonatal intensive care units during airstrikes on hospitals. Only ‘very sick people’ order such attacks, and try to justify them.
President Trump has said that on Saturday evening the assailant was taken down by “brave” Secret Service members, confirming that one officer was shot from a “very close” distance with a “very powerful” gun, but was saved by his bulletproof vest. Thankfully, the incident ended without bloodshed, and the Secret Service members no doubt acted bravely. But there was a serious lapse on their part; the gunman gained access to the Hilton lobby, without being detected, like in a Hollywood political action thriller.
Answering a question about why some people hoped to take his life, President Trump told the media at the White House that while he did not want to say he felt “honored” by having his life threatened, he knew people did not go after those who sat around and did nothing. He added that America was a strong country that was no longer the “laughing stock” of the world. Thus, he has tried to use Saturday’s shooting incident to boost his image, with the midterm elections drawing nearer.
Trump survived an assassination attempt during his re-election campaign in 2024, and that incident stood him in good stead; he made the most of the bullet that grazed his right ear to gain political mileage. Theatrics and rhetoric help gain popular support to win elections. Saturday’s shooting incident also seems to have benefited Trump politically, for it eclipsed a protest by those seeking justice for the victims of the Epstein sex scandal and legal action against all paedophiles who were in league with Epstein. The protesters were projecting images of Trump with Jeffrey Epstein onto the Washington Hilton, when the evening was shattered by gunfire. But for that incident, the protest and the images projected on the hotel would have received much publicity in the US and across the world. Today, the media is full of reports on the shooting incident and Trump’s braggadocio at a subsequent media briefing.
However, the Epstein files will not go away. Conflict in West Asia and promises to make America great again will not help make the damning files disappear. They will continue to dog Trump and there will be no escape for him.
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