MR’s appointment unconstitutional - Sampanthan

METHMALIE DISSANAYAKE- PM DEC 19 2018

Another constitutional crisis erupted when TNA Leader R. Sampanthan claimed that there are two Opposition Leaders in the House, while challenging Speaker Karu Jayasuriya.

Sampanthan, who held the post before 26 October, claimed that Speaker Jayasuriya has not removed him from the position.

“As a result, Speaker Jayasuriya’s decision to appoint former President Mahinda Rajapaksa as the Opposition Leader could be suggested as one taken in haste and is in violation of the Constitution of Sri Lanka,” he noted.

Sampanthan, making a special statement, at the commencement of yesterday’s Parliamentary Sitting, as a Party Leader, pointed out that it has been alleged that former President Rajapaksa’s Parliament seat has fallen vacant as one month has lapsed since he ceased to be a member of the SLFP, after obtaining SLPP membership.

“The Speaker recognized him as the Opposition Leader twice in September 2015 and August 2018. The Speaker even said that was his final decision on the post. So, there is no need to recognize another person as the Opposition Leader in haste in a context where Cabinet is not yet constituted and Government is not yet formed,” he elaborated.

Moreover, he noted that appointing a member of the UPFA as the Opposition Leader, while its Leader Maithripala Sirisena is the Head of Executive, Head of Government, and Head of Cabinet, is incongruous and such matters must be sorted out through a Parliament Select Committee.

“The person recognized by the Speaker as the Opposition Leader does not even hold the position of MP as of the date of such recognition. This again suggests the Speaker’s decision has been taken in haste and it is in violation of our Constitution. I urge early corrective action, in the interest of the country as a whole, be taken to preserve the sanctity of our Constitution,” he added.

After Sampanthan’s speech, TNA Parliamentarian M.A. Sumanthiran tabled three newspaper articles published on 12 November, which carried the story of former President Rajapaksa ceremonially obtaining SLPP membership on 11 November.

“This event had happened two days after the purported dissolution of Parliament by the President. It shows Rajapaksa obtaining SLPP membership soon after the dissolving of the former government. Therefore, a Parliament Select Committee should be appointed to look into this matter,” Sumanthiran said.

“UPFA Parliamentarian Susil Premajayantha, participating in the discussion, said that there is no evidence to claim that Rajapaksa obtained SLPP membership, except a few newspaper reports.
 Rajapaksa has neither resigned from the UPFA/SLFP, nor was he expelled from the Party. According to the Constitution, the Speaker has no authority to appoint a Select Committee to make decisions about the Opposition Leader post, as the Government and the TNA suggest,” he stressed.

He also denied that he obtained SLPP membership, despite Chief Government Whip Gayantha Karunatileka showing photos of the former President and a group of his fellow MPs obtaining SLPP membership, to the House.

UPFA Parliamentarian Chandima Weerakkody alleged that it is wrong for a senior Parliamentarian like Sampanthan to make claims that there were two Opposition Leaders. “Parliament cannot investigate internal matters of the UPFA,” he added.

Parliamentarian Rauff Hakeem said that Parliament has again fallen into chaos, as Sampanthan challenges the Speaker’s announcement over the appointment of Opposition Leader.

“Former President Rajapaksa became the former Prime Minister and now he has become a former Parliamentarian. Once you obtain the membership of another party, your membership ceases automatically. This will be proven before a Parliament Select Committee. One of the most popular political leaders in this country has been made a political orphan,” he said.

Despite his statement that he is still the Opposition Leader, Sampanthan did not take the seat allocated to the Opposition Leader yesterday. The seat allocated to the Opposition Leader was empty.

Sampanthan sat in a front row seat, near the main entrance. Seating arrangements in the chamber have been changed, and the JVP Parliamentarians, who had been in the front row, have been shifted to the aisle.

Former President Mahinda Rajapaksa did not attend yesterday’s sitting. Speaker Jayasuriya’s ruling on the Opposition Leader post is due on Friday (21).

Parliament will commence again on Friday (21) at 10:30 a.m.