News
Speaker dismisses issues being raised over Premalal becoming MP
Says it should have been raised in court
By Saman Indrajith
It was too late to make an issue of Premalal Jayasekera (SLPP) becoming an MP, Speaker Mahinda Yapa Abeywardena told Parliament on Thursday, adding that it should have been raised in the Court of Appeal before it decided to allow Jayasekera to take oaths.
The Speaker said so when Opposition Leader Sajith Premadasa raised objections to Jayasekera taking oaths as an MP while on death row for a murder.
Raising a point of order, Opposition Leader Premadasa said that by allowing Jayasekera to take oaths the Speaker had set a wrong precedent. “In 1982, Selvarajah Yogachandran, also known as Kuttimani, one of the leaders of the TELO, was nominated to Parliament. His name was gazetted to become an MP. However, the then Speaker Bakeer Markar citing the Sections 89 and 91 of the Constitution did not permit Yogachandran to take oaths as an MP because the latter had been sentenced to death. Yogachandran too had appealed against the sentence. That is the precedent in Parliament. That should not have been breached as per section 91 (1) (a) of the Constitution no person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament if he is or becomes subject to any of the disqualifications specified in Article 89. The Section 89 (d) of the Constitution says that, no person shall be qualified to be an elector at an election of the President, or of the Members of Parliament or to vote at any referendum if he is under sentence of death and he will lose his right to vote under such a sentence. The Speaker by the act of permitting Jayasekera to take oaths violated the Constitutional provisions.
Speaker Abeywardena:
It is too late and this is not the forum to raise the matter. You should have raised it at the Court of Appeal before it decided to permit Jayasekera to take oaths. The court informed Parliament of its ruling to permit Jayasekera to sit here. We carried out that order.
Opposition Leader Premadasa:
We are not talking of the duty of judges or how they are appointed. What we are talking about is the violation of the constitution and a parliamentary precedent. The Speaker should have followed the example set by former Speakers Bakeer Markar and Anura Bandaranaike, who said Parliament was above the judiciary. We are in no way casting aspersions on Jayasekera. This is not a matter against him personally. We are talking of the matter in principle.
Chief Opposition Whip Kandy District MP Lakshman Kiriella:
When the court gave an order the former Chief Justice Shirani Bandaranayake could not be subjected to questions of a parliamentary select committee, the then speaker Chamal Rajapaksa ignored the court order stating that Parliament was not bound to follow court orders.
The speaker:
That is a separate issue. It has nothing to do with the issue at hand.
Chief Opposition Whip Kiriella:
You said that you followed the court order to permit Jayasekera to take oaths. You should have followed the precedent and not permitted the murder convict to take oaths.
Leader of the House Minister Dinesh Gunawardena:
The speaker has given a ruling on the matter. It cannot be debated. That is against the Standing Orders. Now, on the pretext of points of order, the Opposition keeps discussing a past issue. This matter is over. These points of order are causing a great injustice to people who voted for MP Jayasekera. You cannot raise points of order to discuss a matter pertaining to a ruling of the Speaker. If there is a matter against the ruling of the chair, then there is a procedure to be followed in addressing it. You have to bring it in the form of a substantive motion. There you have provisions to raise the issue in a motion. Then we could debate it here.
Kurunegala District SJB MP Nalin Bandara Jayamaha:
The executive, legislature and the judiciary are the three main pillars of government. The speaker is the head of legislature. The act of allowing Jayasekera to become an MP, has now gone beyond the borders of this country. It is now reported in The Guardian and The New York Times. Those reports have mentioned your name too. This is a great dishonor to this legislature. The matter should be taken seriously.
Speaker Abeywardena said that the matter was hindering other business of parliament and moved the House to the next item on the agenda.
The French Navy Ship ‘BEAUTEMPS BEAUPRE’ which arrived in Sri Lanka on a goodwill visit (09 May 25), departed the island on Tuesday (13 May).
The Sri Lanka Navy bade customary farewell to the departing ship at the Port of Colombo, following naval traditions.
During the ship’s stay in Colombo, crew members of ‘BEAUTEMPS BEAUPRE’ visited some tourist attractions in the country. In addition, the Commanding Officer and a group of
crew members of the ship called on senior officers of the Sri Lanka National Hydrographic Office (SLNHO) to discuss key hydrographic matters of bilateral importance.
News
“Clean Sri Lanka” joins hands to Improve facilities and sanitation at Kotmale Regional Hospital
Following the bus accident in the Garandiella area of Kotmale, a large number of injured individuals were admitted to the Kotmale Regional Hospital for treatment. In response, the “Clean Sri Lanka” programme has collaborated to improve the facilities and sanitation of the hospital.
Accordingly, the “Clean Sri Lanka” programme actively worked to clean the hospital ward complex and the hospital premises, aiming to create a comfortable environment for the patients’ treatment and to enhance other facilities.
A notable aspect was the voluntary participation of the local community in this effort. The “Clean Sri Lanka” secretariat appreciates the dedication shown by the doctors and hospital staff of the Kotmale Regional Hospital, who provided emergency treatment to those injured in this unexpected incident despite having access to limited resources.
Flaws in law blamed for chaos
The Samagi Jana Balawegaya (SJB) is in turmoil over naming of members to the Colombo Municipal (CMC) where it won 29 slots – 14 elected and 15 on the list at the recently concluded Local Government elections.
Political sources said that resistance was growing within the party over moves to accommodate defeated candidates as well as those listed at the expense of successful candidates. Among the defeated is SJB’s mayoral candidate Dr. Ruvaiz Haniffa.
Sources said that in terms of the Local Government Election Act there was no restriction in the number of defeated candidates that could be accommodated at the expense of those who were elected. As 25% of the members of a particular council has to be women, more successful members had to be dropped, sources said, pointing out that none of the female candidates were among the 14 SJBers elected at ward level.
The National People’s Party (NPP) won the CMC by securing 48 seats, including six from the list. Political sources said that in spite of both NPP and SJB declaring that they could a secure majority in the 117-member CMC. NPP polled 81,814 votes (48 seats), SJB polled 58,375 votes (29 seats), UNP polled 26,297 votes (13 seats), SLPP polled 9,341 votes (05 seats), SLMC polled 8,630 votes (04 seats) Independent Group 03 polled 5,934 votes (03 seats), Independent Group 05 polled 4,659 votes (02 seats)
United Peace Alliance polled 4,473 votes (02 seats), Sarvajana Balaya polled 3,911 votes (02 seats), Independent Group polled 3,640 votes (02 seats), People’s Alliance polled 2,754 votes (01 seat), National Freedom Front polled 2,398 votes (01 seat), United Republican Front polled 2,157 votes (01 seat), Independent Group 01 polled 1,909 votes (01 seat), Independent Group 02 polled 1,791 votes (01 seat), Democratic National Alliance polled 1,370 votes (01 seat) and National People’s Party polled 950 votes (01 seat).
Political sources said that the Local Government Election Act had caused much turmoil with many of those who had been elected by the people deprived of an opportunity to serve their respective local government body. Sources alleged that the system in place at Local Government was far worse than appointing defeated candidates to Parliament through the National List. In terms of the Parliamentary Election Act, an elected member could be replaced only by the candidate who polled the next highest number of votes at the election from the same district, sources said, pointing out Local Government winners at ward level were axed to accommodate both defeated as well as those on respective lists of political parties.
Sources said that once the appointment of all CMC members was finalised the number of elected people axed by political parties could be known. Sources said that perhaps political parties and election monitoring groups should inquire into the shortcomings in the Local Government Election Act.
by Shamindra Ferdinando
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