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Editorial

The Colombo Port City

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However hard the government tries to claim that it won a famous victory in getting through the legislature the controversial Colombo Port City Bill, now an Act of Parliament following its certification last week by Speaker Mahinda Yapa Abeywardena, the fact remains that the Supreme Court (SC) found as many as 25 of its 74 clauses in conflict with the constitution. This is more than a third of the Bill that was originally presented and has been described as a “stinging rebuke” by critics. The SC held that many of the clauses, if not amended, required a two thirds majority of the House for their enactment; and there were others that required both the special majority plus the people’s consent at a referendum. It goes unsaid that the government will under no circumstances wade into a referendum. If we by some miracle have one, people will not bother about any Port City question that is put. They will vote on whether they do or do not want the incumbent government to remain in office. That is reason enough for any government to avoid referendums like the plague.

As promised, the impugned clauses were amended in line with SC guidelines to pass muster. After that, there was no need for the two thirds majority – which the government failed to get by a single vote – or any referendum. Readers will remember the one referendum we had was when the J.R. Jayewardene government asked the people to vote for either the ‘pot’ or the ‘lamp’ to indicate whether they consented to extend the massive mandate JRJ won in 1977. He asked for authority to continue to hold, without an election, the five sixths majority he won in that unprecedented landslide. That was in 1982 and the then incumbent Parliament got six more years without an election. There were numerous allegations that the referendum was rigged but nothing was proved. But it was as clear as daylight to anybody with eyes to see that the prohibition on the display of symbols was flagrantly violated.

It is true that JRJ applied some whitewash over this highly undemocratic act of canceling an election. He did that by requiring sitting ruling party MPs who could not carry their constituencies when he sought re-election (actually a misnomer as we will presently explain) in 1982 and the referendum that followed some weeks later. The misnomer is that he was not elected president in 1977. He was elected prime minister and was later “deemed” president by his 1978 constitution creating the executive presidency. Even in the whitewashing, there was dilution. Then Finance Minister Ronnie de Mel was exempted from facing a by-election and moved from Devinuwara to Bulathsinhala and no by-election was held at Panadura, out of the fear of Dr. Neville Fernando elected on the UNP ticket in 1977, who later resigned from Parliament following differences of opinion with the president.

We have been told by government MPs that there was a miscount in the parliamentary voting on the Bill and an inquiry of whether this was so would be held. Although there were different tallies, none of them hit the magic 150 number which constitutes the two thirds majority in the 225-member legislature. Voting in Parliament is now electronic and not physical. Gone are the days of voice votes of ‘ayes’ and ‘noes’, MPs standing at their seats for physical counts, or the calling of names where a vote by name is called for. Mr. Dhammika Kitulgoda, a former Secretary General of Parliament had been appointed as inquirer into this matter but had not begun his inquiry as this is being written. However the government’s Information and Communication Technology Agency (ICTA) was called to investigate and a report, not yet published or publicized, had been presented. Readers will agree that if the finding was in favour of the government contention, this would not have been the case.

We run in this issue a call by Mr. Chandra Jayaratne, a former Chairman of the Ceylon Chamber of Commerce who headed the CTC Eagle Insurance Company when the Ceylon Tobacco Company was in the insurance business, calling for the creation of an Independent Parliamentary Counsel in this country. This institution exists in the United Kingdom and Australia and Jayaratne, a civil society activist sees the Port City Bill (now Act) as a good reason for Sri Lanka too setting up such an institution to carry out the duties now undertaken by the Legal Draftsman. The people of this country will join him is asking how a Bill, with more than a third of its clauses in variance with the Constitution, could have in the first place been gazetted and then presented to Parliament with such defects. It presumably went through the Legal Draftsman, Attorney General, Ministry of Justice and the Cabinet before it came to Parliament. In fact the state-controlled Daily News reported over a month ago that AG had informed the Secretary to the President that “provisions of the Bill are not inconsistent with the Constitution. The Bill is not subject to any prohibitions or restrictions imposed by the 13th Amendment to the Constitution and may be enacted by Parliament.” Thereafter when the various unconstitutional defects were being pointed by counsel supporting the 19 petitions before the SC, a series of intended amendments were presented.

We are all familiar with the police arresting suspects on Friday evenings so that they can be held in custody until Monday morning without being produced before a Magistrate. The Port City Bill was presented to Parliament in the middle of the New Year holiday season limiting the time-frame open for citizen to challenge it. Nevertheless 19 petitions were filed and considered by a five-judge bench of the SC that made a unanimous determination. Whether the creation of the institution promoted by Jayaratne will make any difference to mala fide acts of governments seeking political advantages, we doubt. Perhaps the Port City will make a difference to the economy of our country. But that is no excuse for attempting to push through legislation that is bad in law.



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Editorial

Another game of chicken

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Thursday 4th June, 2026

The government has locked horns with private bus operators, who are demanding a fare hike amidst soaring fuel prices. The former has rejected the fare hike demand out of hand, claiming that it is unfair. President of the Lanka Private Bus Owners’ Association Gemunu Wijeratne has threatened to launch a bus strike unless a fare increase is granted forthwith. He has claimed that there is legal provision for the annual bus fare revision due in July to be advanced. The government and the irate private bus owners are now playing a game of chicken.

School vehicle operators have warned that they will have to increase fees. Trishaw owners have also demanded a fare hike. Container truck operators have already increased freight charges by 5% to offset surging operating expenses, primarily driven by higher diesel prices, inflated costs of tyres and spare parts.

A brutal one-two combination—fuel price hikes and rupee depreciation—has sent all vehicle owners, save a few, to the canvas, so to speak. The prices of spare parts, lubricants and tyres have also skyrocketed. It is only natural that transport operators are demanding fare revisions. The government should stop making political statements and address the issues facing the transport sector. The public cannot take any more shocks, and another fare hike is something everyone needs like a hole in the head. It may not be feasible to grant the bus operators’ request for a fuel subsidy, but the government may be able to help them lower costs in some other way.

It will not be possible to overcome Sri Lanka’s balance of payments woes, strengthen the rupee and shore up foreign currency reserves without a proper strategy to reduce the national fuel bill, which accounts for more than 20% of the total value of imports. President Anura Kumara Dissanayake has pointed out that the country’s monthly fuel import expenditure has surged nearly six-fold. Driven by escalating tensions in West Asia, the fuel import bill rose from USD 98 million in February to USD 522 million in May, according to him. There is no gainsaying that drastic measures need to be adopted to reduce fuel consumption urgently. However, increasing fuel prices is not the only way to achieve this goal.

A country does not need a government to curtail the demand for fuel through price hikes. The JVP-NPP administration should be able to strategise to reduce fuel consumption through other means if it is to be considered worth its salt. Minister Anura Karunathilake and Ceylon Petroleum Corporation Chairman D. J. A. S Rajakaruna have gone on record as saying that action will be taken to have the QR-based fuel rationing system strictly regulated. Why didn’t the government care to do so earlier? If the fuel quota system is to be effective, the practice of motorists sharing the QR codes must be brought to an end. If the national fuel consumption has reached an unmanageable level, as President Dissanayake has said, will the government explain why fuel quotas were increased.

President Dissanayake and his government should learn from India’s efforts to reduce fuel consumption and adopt a top-down national austerity approach to conserve foreign exchange amidst external economic pressures. India’s strategy emphasises reducing official fuel use, adopting digital alternatives to travel, and promoting public transportation to manage energy consumption. After all, the JVP-led NPP came to power, promising austerity measures, which it must now adopt to curtail state expenditure while reducing the burgeoning import bill.

The JVP-NPP government is slow in responding to emergencies. Its disaster response following the landfall of Cyclone Ditwah was woefully tardy. It ignored warnings and waited until the country’s fuel reserves were almost depleted to introduce the QR-based rationing. It cannot wish away the threat of a private bus strike. It must get the bus owners around the table and have a serious discussion on how to resolve the transport sector woes instead of bellowing rhetoric.

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Editorial

Lies and politics

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Wednesday 3rd June, 2026

Opposition Leader Sajith Premadasa is reported to have lamented that in Sri Lanka, politicians who are adept at lying succeed at the expense of those who work really hard. He never misses an opportunity to project himself as a hardworking politician, and therefore his political rivals may claim that his lament smacks of self-promotion. Nevertheless, his argument is not untenable. During the last several decades, we have heard zillions of lies uttered by numerous political leaders, who have overtaken Machiavelli, Goebbels and even Matilda, who told “such dreadful lies” as made “one grasp and stretch ones’ eyes”. Opposition parties are lucky that people lose interest in their campaign lies after elections.

Lying is the name of the game in Sri Lankan politics. False promises made by politicians out of power should also be considered lies, for they are intended to deceive the public. What are usually described as the incumbent government’s lies are the false promises contained in the NPP manifesto or made by JVP/NPP politicians before the 2024 elections.

It has now become clear that the JVP/NPP leaders lied to the public when they said they were opposed to the manner in which debt was restructured and, if voted into office, they would renegotiate the bailout agreement signed between the IMF and the previous government. But after forming a government they opted to keep the agreement intact, and wisely so. The SJB has been saying something similar about the IMF programme, and it would have been exposed for lying if it had been able to form a government.

Some Opposition parties that have banded together to challenge the government claim that they would have handled the current energy crisis differently and granted relief to the people by reducing taxes on fuel. Accusing its political rivals of lying to garner favour with the public, the government insists that there is no way the fuel prices can be slashed. It finds itself in an IMF straitjacket, and has to fulfill the bailout conditions or lose IMF assistance. It is required to increase state revenue and ensure that energy prices are cost reflective, the JVP/NPP says. So, the only way the Opposition can disprove the government’s claim that it has to increase fuel prices to recover costs is to obtain a detailed cost breakdown and prove that the fuel prices are way above costs. The Opposition politicians shedding copious tears for the public ought to present facts and figures to support their claim that the government is jacking up fuel prices to meet the cost of extra diesel stocks purchased to operate the oil-fired power plants to make up for the Norochcholai generation loss caused by fraudulently procured low-grade coal. Mere rhetoric won’t do. Parliament is the best forum where the Opposition should pressure the government to reveal how fuel prices are determined.

Meanwhile, an SJB spokesman has said something that is construed in some quarters as an unwitting admission that the Opposition’s claim that the JVP-NPP government is not on the right course to strengthen the economy is false. Likening the JVP-NPP government, which is making a frantic effort navigate a host of vexed issues to straighten up the economy, to the proverbial bullocks pulling loaded carts up the steep slope of Haputale, SJB MP Mujibur Rahman has said the SJB is waiting until that task is completed to capture power. It is advisable to get the JVP-led administration to tackle the current economic issues because the JVP/NPP, after losing its hold on power, will never allow a future government to do so, he has said. He may have sought to make his party out to be smarter than the JVP/NPP, but what was intended as a back-handed compliment became an unintended compliment for the government besides exposing the Opposition’s hypocrisy. What one gathers from his statement is that the SJB is waiting to enjoy the fruits of the JVP-NPP government’s labour while criticising the ongoing economic recovery programme. In other words, the SJB knows that the government is doing what is necessary to strengthen the economy. If it is as patriotic as it claims to be, it should subjugate its political agenda to the national interest and help strengthen the economy.

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Editorial

Meegoda tragedy and safety concerns

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Tuesday 2nd June, 2026

A pickup truck ploughed into a crowd near a Vesak dansala at the Meegoda junction on Sunday night, killing six people. More than 12 others were seriously injured. The driver of the vehicle was arrested while fleeing the scene of the accident, and the police said he was under the influence of alcohol. Produced before the Homagama Magistrate, he was remanded until 16 June.

Sunday’s tragedy at Meegoda has triggered an outpouring of public anger at the hit-and-run driver. There have been calls for stringent legal action against him. Some social media activists have gone to the extent of demanding that he be hanged straightway. Their consternation is understandable. If he had been sober, cautious and considerate, he would have been able to prevent the tragedy. It is hoped that all motorists will take lessons from Sunday’s accident and exercise caution when navigating crowded areas, especially during festivals.

Nothing can be cited in extenuation of the offence of driving under the influence of alcohol and killing people. However, there is a broader issue that must not go unaddressed if tragic accidents are to be prevented.

Most dansel are held by the roadside with no special arrangements to ensure the safety of those who visit them, much less facilitate the flow of vehicular traffic. They are characterised by utter chaos. Vehicles are parked haphazardly near them blocking roads, and people flock there from all directions with no heed for passing vehicles. Traffic laws apparently fall silent near dansel.

Dansel are not alone in causing havoc on roads. In this country, no public event is apparently considered complete unless they obstruct roads, worsen traffic congestion and cause maximum possible inconvenience to road users. Political rallies are mostly held at busy intersections, much to the inconvenience and resentment of motorists, who suffer in silence for want of a better alternative. The same is true of religious ceremonies and open-air musical shows. They make busy roads impassable, with the police prioritising everything else over ensuring the movement of vehicular traffic.

Most roads become veritable velodromes, come the Sinhala and Tamil New Year. Bicycle races are held on them, and contestants and their supporters become a law unto themselves. Police, who readily grant permission for such events, do precious little to rein in unruly ‘cheer squads’ on motorcycles, speeding, waving flags menacingly and threatening or even setting upon motorists who fail to get out of their path. They act just like the OMGs (Outlaw Motorcycle Gangs) with impunity. This practice must end. Races must not be held on busy roads.

The Kalutara North police deserve praise for having arrested more than 50 motorcyclists for riding in a reckless manner during the last couple of days. Such riders are a public nuisance, and must be severely dealt with, according to the law. The good work of the Kalutara North police is however the exception that proves the rule. Motorcycles with unauthorised modifications, such as illegal deafening exhausts are ubiquitous on the road, especially during festive seasons. Complaints abound that nocturnal motorcycle drag races frequently disturb Colombo’s suburbs, but the police do not seem to care.

Dansel cannot be held without prior registration and a health evaluation by the Public Health Inspectors to ensure food safety. They are reportedly monitored to check whether they adhere to health guidelines. These measures are welcome, and the health authorities should be thanked for their intervention to guarantee food hygiene. Similarly, it must be made mandatory for the police to ensure that every dansala is located at a safe distance from traffic lanes of busy roads and cordoned off to prevent accidents. Safety must take precedence over free food.

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