Editorial
Machiavellianism
Wednesday 9th September, 2020
The government is all out to steamroller its 20th Amendment (20A) through. The JVP has fired a shot across the SLPP’s bow. It has told the media that it will go flat out to foil the government’s move to secure the passage of the proposed amendment. The SJB has threatened to move the Supreme Court against 20A. Among the SLPP leaders defending 20A, which seeks a reversion to status quo ante, are some grandees who claimed, during the J. R. Jayewardene and R. Premadasa governments that the overconcentration of power in the presidency was disastrous.
Former MP Dr. Jayampathy Wickramaratne, one of the architects of the 19th Amendment (19A), in an article we published yesterday pointed out that 20A affected people’s fundamental rights and, therefore, it had to be approved by the people at a referendum besides being passed with a two-thirds majority in Parliament.
Government apologists seem to think that the Attorney General (AG) can determine the constitutionality or otherwise of Bills to be presented to Parliament. They maintain that 20A does not require a referendum because the AG has said so. There have been instances where the AG got it all wrong as regards Bills and presidential orders and was left with egg on his face. When President Maithripala Sirisena ordered the dissolution of Parliament, in 2018, having failed to grab power, the then AG defended the presidential action before the Supreme Court, which, however, declared it unconstitutional. In 2017, Speaker Karu Jayasuriya informed Parliament that the AG had given the nod to changing the Provincial Council Elections (Amendment) Bill at the committee stage. That Bill was stuffed with sections sans judicial sanction to postpone the PC polls indefinitely. The AG obviously blundered and democracy suffered. Unfortunately, there is no constitutional provision for post-enactment judicial review of laws. The Court of Appeal, on Monday, allowed SLPP MP Premalal Jayasekera, sentenced to death, to attend Parliament, although the AG had informed the Prisons Chief that Jayasekera could not do so. The AG’s opinion on 20A, therefore, should not go unchallenged. Only the Supreme Court is empowered to interpret the Constitution.
Our position is that 19A should be changed instead of being abolished so that the country will benefit from the salutary features thereof. The President should be able to hold the Defence portfolio because he is responsible for national security. But the moves to reduce the powers of the Auditor General, replace the Constitutional Council with a Parliamentary Council and abolish the National Procurement Commission are deplorable. 20A also seeks to vest in the executive presidency too much of power, and the proposed constitutional provision for preventing people from filing fundamental right cases against presidential actions is nothing but draconian.
The SLPP worthies who are backing 20A are followers of Machiavelli, who encouraged leaders to act out of expediency rather than principle in furthering their interests and not to hesitate to renege on promises. The JVP has acted similarly as regards the Constitution. In the late 1980s, it destroyed many lives and state assets worth billions of rupees in a bid to scuttle the 13th Amendment (13A), which created the Provincial Council system. It unleashed mindless terror to topple two UNP governments during that period, albeit in vain, but the 20th Amendment it proposed, a few years ago, did not seek to abolish 13A. The UNP, which created the executive presidency, and its breakaway group now want this institution abolished as they have failed to win it for the last 26 years or so. It is a case of sour grapes. The leftists in the SLPP called the existing Constitution a curse when JRJ introduced it, due to excessive executive powers vested in the presidency, but, today, they are backing 20A.
The JVP has said Chandrika Kumaratunga, Mahinda Rajapaksa and Maithripala Sirisena pledged to abolish the executive presidency before securing it but did not fulfil their promises. Sri Lanka’s post-Independence political history is replete with such broken promises and duplicity on the part of political leaders.
Article 9 of the Constitution says ‘the Democratic Socialist Republic of Sri Lanka shall give to Buddhism the foremost place’. One cannot help wondering why no constitutional recognition has been given to the ism that the State, governments and political leaders actually give the foremost place, albeit unofficially—Machiavellianism, or a cynical tendency to advance one’s own interests by manipulating others.
Editorial
Grandma’s gems and other matters
Friday 11th October, 2024
Daisy Achchi’s bag of gems or menik malla has been catapulted to the centre of public discussion again due to a war of words between NPP trade union heavyweight Wasantha Samarasinghe and SLPP National Organiser Namal Rajapaksa. For the benefit of the uninitiated, Daisy Achchi has become a household word following an absurd claim the Rajapaksas made in a bid to justify the acquisition of their wealth, Daisy being the grandmother of the young members of the clan. The Rajapaksas claimed that Daisy had received a bagful of precious stones from an unknown person.
Daisy Achchi’s stash of gems has since become an epitome of audacity of politicians who have a very low opinion of the intelligence of the public. Political leaders who have acquired assets in a questionable manner and avoided accountability by making atrociously false claims must be made to account for their wealth. No government has made a serious effort to probe the assets of their opponents and bring them to justice for the illegal acquisition of wealth. The UNP-led Yahapalana government had the public believe that it was probing its rivals’ assets, but did not go the whole hog; Maithripala Sirisena, who won the presidency in 2015 by promising to throw the Rajapaksas behind bars for corruption, etc., joined forces with them three years later.
During the 2015 presidential election campaign, he claimed the younger members of the Rajapaksa family had bought a ‘golden horse’ (a palomino?) from Buckingham Palace and kept it in Nuwara Eliya, where they flew in state-owned choppers during weekends to ride it. He did not care to trace the horse or investigate the chopper rides after being ensconced in power. One may recall how the Yahapalana regime turned its operations to trace the undeclared assets of its opponents into a political circus; it went so far as to have coconut estates dug up in search of luxury cars believed to have been buried there! The Prime Minister in the Yahapalana government, Ranil Wickremesinghe, became President with the help of the Rajapaksa family seven years later! Thus, why politicians do not go all out to throw one another in prison for corruption is clear. The public became disillusioned and their resentment became rocket fuel for the JVP-led NPP’s recent presidential election campaign in 2024.
Now, the NPP is coming under increasing pressure to honour its election pledge to prosecute the corrupt and recover the stolen funds. It cannot convince the public that it needs time, for it kept on claiming, months before the 21 Sept. presidential election, that it would win the presidency for sure and was ready to nab the corrupt immediately afterwards. It said it had 400 files containing evidence against the corrupt and has since pledged to take action against the beneficiaries of Daisy Achchi’s mysterious riches. The new government however ought not to be selective in probing politicians’ assets.
It is public knowledge that the UNP stood to gain from the Treasury bond scams under the Yahapalana government; its key members benefited from the largesse of the Treasury bond racketeers while the UNP and the JVP were honeymooning. Will the JVP/NPP government order a fresh probe into the Treasury bond scams and do everything in its power to have former Central Bank Governor Arjuna Mahendran extradited from Singapore to stand trial for those rackets. It should make a formal request to Singapore for his extradition. The SJB went on a spending spree before the presidential election, giving away various things. It has not accounted for the funds it spent generously to further its political interests. It must be made to explain how those funds were raised.
Most of those who have been in power over the past several decades acquired assets, which they have not accounted for. Worse, they obtained compensation for their houses destroyed by mobs in 2022 although most of them had not disclosed how funds were raised for building them. The Rajapaksa-Wickremesinghe government should have ascertained whether those assets had been lawfully acquired before compensating their owners. What does the NPP administration propose to do about this?
The JVP/NPP leaders claim to be beneficiaries of the generosity of some individuals who, they claim, look after their needs by gifting them various things including shirts, trousers and shoes. Its opponents have demanded to know whether it received donations from any business tycoons for the construction of its party headquarters. The JVP/NPP, too, owes the public an explanation as regards its funds.
Editorial
Pledge to catch thieves: All bark and no bite?
Thursday 10th October, 2024
SLPP National Organiser and unsuccessful presidential candidate, Namal Rajapaksa, seems to believe that attack is the best form of defence. He has chosen to go on the offensive; he keeps daring the NPP to carry out its election pledge to bring back billions of dollars which, it said, the Rajapaksa family had stashed away in Uganda. He has offered to cooperate with the law enforcement authorities fully if an investigation gets underway! The NPP’s response to his challenge has been to make even more allegations against him and his family and obfuscate the issue.
Most systems in this country have been rigged to protect the corrupt in positions of power. Crooks at the levers of power can cover their tracks. One may recall that anti-corruption activists, the Opposition and the media had to fight quite a battle for months to have the then Minister Keheliya Rambukwella arrested and prosecuted for the procurement of fake and substandard medicinal drugs.
The best opportunity for the self-proclaimed anti-corruption activists to trace and recover Sri Lanka’s stolen funds presented itself after Maithripala Sirisena’s upset win in the 2015 presidential race. The UNP-led Yahapalana government, backed by the JVP, squandered that opportunity by conducting a series of show probes and show trials. The Rajapaksa regime had become a metaphor for corruption, and that was one of the main reasons why the people voted it out of power in 2015, but the politicisation of investigations into allegations of corruption made the Yahapalana anti-corruption drive fall short of its goal, and helped the Rajapaksa family play the victim, gain public sympathy and make a comeback. Worse, the Yahapalana government made a mockery of its commitment to good governance by carrying out the Treasury bond scams and various other rackets. The JVP backed that corrupt regime to the hilt.
The NPP heavyweights who have taken upon themselves the task of bringing the corrupt to justice and recovering the country’s stolen funds are all hat and no cattle, so to speak. During the Gotabaya Rajapaksa government, the JVP/NPP made a public display of a slew of files, which numbered more than 400, claiming that they contained irrefutable evidence against those who had cut corrupt deals and amassed ill-gotten wealth. What has happened to those files is anybody’s guess.
In July 2024, the then President Ranil Wickremesinghe, during a function at the Presidential Secretariat, claimed that most of the files being exhibited by the JVP/NPP were empty and others contained photocopies of original documents, which, he said, were in his possession. Will the NPP government take action to obtain those documents from their erstwhile Yahapalana chum, Wickremesinghe? What one gathered from Wickremesinghe’s snide remark at issue was that the files the NPP was displaying had belonged to the Anti-Corruption Secretariat, which was set up at Temple Trees during the Yahapalana administration. How come those files have ended up in the hands of Wickremesinghe and Dissanayake?
Those who have mastered the art of helping themselves to public funds are adept at hiding their wealth. They use various fronts and shell companies for that purpose, as disclosed by Panama Papers and Pandora Papers. Efforts to disable the rogue global finance industry have so far met with limited success for many reasons, some of which being its sheer size and complexity, political influence, the absence of transparency and its remarkable adaptability. Public Security Minister Vijitha Herath has reportedly ordered a probe into revelations made by the Pandora Papers about some Sri Lankans. This is a welcome measure.
Efforts to trace Sri Lanka’s stolen funds and institute criminal proceedings against the corrupt who have enriched themselves at the expense of the public must go on, but equally important is the task of building robust mechanisms and introducing stringent laws to prevent corruption, and the next Parliament must carry it out as a national priority.
The public may not take Namal’s challenges to the NPP seriously, but having won last month’s presidential election basically on an anti-corruption platform, the NPP will have to make good on its solemn pledge to bring the corrupt to justice and recover the stolen funds. Gone are the days when bribes were carried in briefcases. Today, millions of dollars change hands electronically in faraway money laundering hubs. So, there is absolutely no need for anyone to transport loads of greenbacks in planes.
There is something the NPP government can do expeditiously to stop the barks of crooks. Instead of biting off more than it can chew in trying to nab the corrupt, it must order a fresh probe into the Airbus bribery scam. A British court revealed that Airbus had offered a huge bribe of USD 16 mn to the wife of a SriLankan executive to land a high-value contract here, and paid her USD 2 million initially. It is public knowledge that the person who accepted the bribe only acted as a collector. The NPP must find out who the real beneficiary of the Airbus backhander was. Will Namal dare the NPP to do so?
Editorial
Vital issues about victuals
Wednesday 9th October, 2024
President Anura Kumara Dissanayake has met a group of food importers and discussed, inter alia, ways and means of making imported food items available to the public at affordable prices, according to media reports. He seems to think that discussions and moral suasion would help persuade the mudalali fraternity to refrain from profit maximisation for the sake of the public. If the government is really keen to serve the interests of the public, it should make a decisive intervention to tackle the problem of market cartelisation, which enables unscrupulous importers and wholesalers to jack up prices and exploit the public.
Egg prices have increased again after a temporary slump. Supporters of the new dispensation naively went so far as to attribute the egg price decrease to Dissanayake’s ascension to the presidency! What egg wholesalers with cold storage facilities did was to bring the egg prices down artificially so that they could buy eggs on the cheap and hoard them before increasing the selling prices. They have the best of both worlds while egg producers and consumers are gnashing their teeth.
Large-scale rice millers have offered to reduce the prices of rice. Never do they act out of altruism, and why have they become mindful of the maximum retail prices all of a sudden? It is not difficult to see through their game plan. They can afford to reduce prices temporarily but their small-scale counterparts cannot do so as they lack the wherewithal. If the prices of rice drop drastically, the small timers in the milling trade will go belly up; the rice market will be even less competitive in such an eventuality, and the Millers’ Mafia will be able to exploit the public to their heart’s content by increasing prices again.
Big-time millers leverage their wealth and political connections to deprive their smaller counterparts of funds for purchasing paddy by delaying bank loans, and fill their silos with paddy bought at lower prices. By the time the small-scale millers receive funds, there is hardly any paddy left for them to purchase and what is available is of inferior quality. This happens year in, year out.
Successive governments have done precious little to help the small-scale millers. The new government should ensure that funds are available for them to buy paddy when harvesting commences. The Paddy Marketing Board should be provided with funds and adequate storage facilities to compete with the Millers’ Mafia so that the farmer and the consumer will benefit. The JVP/NPP government is duty bound to do so because the JVP torched more than 240 agrarian service centres with paddy storage facilities in the late 1980s, according to Maithripala Sirisena, whom it helped become President in 2015.
The Millers’ Mafia employs another ruse to bring the prices of paddy down. It increases the prices of rice ahead of the harvesting season, compelling the government to import rice. When the state-owned warehouses are full with imported rice, the big-scale millers reduce prices, causing the imported rice stocks to rot as locally grown rice agrees with Sri Lankans’ palates more than the imported varieties. When the prices of rice fall, farmers have to sell their paddy at lower prices. After hoarding paddy, the crafty millers increase prices. Unsold imported rice stocks have to be disposed of as animal feed. The only way to end this despicable practice is to conduct raids and confiscate hoarded paddy. One can only hope that the JVP/NPP government will prove equal to the task of taking on the Millers’ Mafia.
Most people believed in the NPP’s pledges and rhetoric and voted for Dissanayake at last month’s presidential election. Having talked the talk—very eloquently at that––President Dissanayake now has to walk the walk. Unless the food importers and wholesalers stop exploiting the public, the government will have to get tough with them unlike the previous governments that chose to play ball with them for obvious reasons.
Wholesalers and importers of food and other essentials fleece the public with impunity thanks to their political links and slush funds, which help them have politicians eating out of their hands. Financiers’ interests take precedence over those of electors after elections.
There is a pressing need to ensure that politicians and their parties disclose the sources of funding so that the public will know who is in the pay of unscrupulous importers and traders. Let the SLPP, the UNP, the SJB, the NPP and other political parties be urged to reveal whether they have received any funds from such elements.
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