Will there be an impeachment motion against President Maithri?
by gagani weerakoon - DEC 09 2018President Maithripala Sirisena has decided to amend the 19th Amendment to the Constitution, which had been ratified with the utmost difficulty as a progressive measure for the country three years ago. A special media release, from the President’s Media Division in the latter part of the week, stated that the President was willing to amend all politically-thorny clauses contained in the 19th Amendment to the Constitution.
It further pointed out that the President was determined to amend all problematic clauses contained in the 19th Amendment by taking necessary measures through Parliament.
Through the 19th Amendment, the setting up of independent Commissions as well as further strengthening democratic institutions had taken place, it was stated.
“By 8 January 2015, it was due to the President’s unstinted efforts that the 19th Amendment to the Constitution was passed in the House and it resolved many of the issues that had affected the country for over three decades,” the Media release quoted the President as saying.
The release stated that if there are any further problematic issues that the country has to face in the implementation of the 19th Amendment to the Constitution, then it was the hope of the President that such issues could be sorted out by adding more amendments to it through the Legislature.
One of the key promises given by the Yahapalana Government had been to ratify the 19th Amendment to the Constitution and through it to further solidify the functioning of institutions within a democratic framework.
However, after the ratification of the 19th Amendment, former President Mahinda Rajapaksa and his then Joint Opposition MPs continued to insist that once they regain power it will be totally dispensed with.
The Act removing the ability for a President, who had served two terms in office, from running for a third term, was introduced for the first time through the 19th Amendment.
Another key point was the reduction of the powers vested in the Executive Presidency through the 19th Amendment to the Constitution.
Among a few of the independent Commissions that were set up through the 19th Amendment to the Constitution were the Independent Police Commission, Independent Audit Commission and the Independent Procurement Commission.
The media statement comes in the wake of President Sirisena promising to solve the prevailing political turmoil in the country within a week.
SLFP convention
Prior to making public his desire to amend the 19th Amendment, the President, addressing the SLFP’s special Convention at the Sugathadasa Indoor Stadium, claimed that there was no political clash in the country, but an unrest followed by the political turmoil following his decision to appoint former President Mahinda Rajapaksa as the Prime Minister on 26 October.
“Solving issues causing political turmoil is a separate science. It was not me but Wickremesinghe who created this turmoil. I only tried to save my country from the curse that is him by taking the decision of appointing Rajapaksa,” he added.
He further said, “Wickremesinghe and his far right and far liberal principles are not suitable for this country as the country has a unique culture, traditions, and values, amongst others. His thinking pattern is not in keeping with our culture. Our people have certain expectations.
Wickremesinghe never cared about these things. His far right vision has made him numb to these things.”
Sacking Wickremesinghe from the Premiership was not a decision he took in haste, the President said.
“I was, very patiently, observing everything for three and a half years. It was a painful journey. He not only destroyed the good governance political culture but also the country. Wickremesinghe destroyed me to a certain extent too,” the President asserted.
Furthermore, the President said that he had signed five Gazette Notifications - to sack Wickremesinghe from the Premiership, appoint Rajapaksa as the Premier, dissolve the Cabinet of Ministers, prorogue the Parliament and dissolve the Parliament - all for the sake of the country.
“There are several pending political cases in the Supreme Court and the Court of Appeal. These are not related to murders, robberies or rapes. They are political cases. Now, these Courts have given Interim Orders in some of those cases. I respect and accept the decisions of the Courts wholly.
But, the general public has various opinions on the orders of the Courts.
Some people say that the Court is completely independent while others claim that the Court is biased. Some even say that a Temple’s Chief Incumbent is delivering a sermon which is supposed to be delivered by a Chief Prelate.
However, during this political turmoil, we have to behave in a well-mannered fashion, protecting the Constitution,” the President said.
Moreover, he said that he extended the hand of peace to all the party leaders to solve the current turmoil.
“I promise you all that I would solve this crisis within seven days, the maximum, for the sake of our country, people and the unborn children. As I said before, it is Wickremesinghe who created this problem. We should remove that curse from the country. I invite all of you to be a part of that great mission.”
CBK not invited
One of the notable absentees at the SLFP convention was former President Chandrika Bandaranaike Kumaratunga. Later, it was revealed that she was in fact, not invited to attend the party’s special convention.
Kumaratunga has written to SLFP General Secretary Prof. Rohana Lakshman Piyadasa charging that despite her being a patron of the Party, she had not been invited to any of its most recent crucial meetings, including the SLFP Convention held on 4 December and its CC meetings held since 26 October.
The former SLFP leader has pointed out that other than herself and SLFP Kelaniya Organizer Thilak Waragoda all other party organizers had been invited to a briefing held on 30 November at 4 p.m. to discuss arrangements ahead of the holding of the Party Convention on 4 December.
Kumaratunga had further noted in her letter that she had also been made aware beforehand by Lasantha Alagiyawanna that the party hierarchy had taken a decision not to inform her and Waragoda about the convention.
Responding to Kumaratunga’s allegation that she had not been invited for the SLFP Convention, despite being a patron, Party’s General Secretary Prof. Rohana Lakshman Piyadasa said Kumaratunga had not been invited to the 4 December Party Convention because she had not attended any of the SLFP activities lately.
He said that though the former Leader continues to be a patron of the Party, Kumaratunga had not turned up for any important meeting of the Party, since he had become the SLFP General Secretary.
He questioned as to why the SLFP should invite her to the Party Convention, when she had failed to attend any of its previous Central Committee or other vital meetings.
“She is clearly appearing on behalf of the UNP and not the SLFP. As a former President, a senior SLFP Member, the daughter of the late Prime Minister Sirimavo Bandaranaike, and as one who had been educated overseas, I simply cannot understand her current behaviour,” said Prof. Piyadasa.
He also added that he will not venture to reply, in writing, to allegations levelled against the Party by Kumaratunga, as the response given by him to her through the Press would suffice.
“Really, she could have a social class related issue here. That is because the SLFP is currently not steered by those belonging to her class,” opined Prof. Piyadasa.
Impeachment in the offing?
By early last week, speculations were rife that there is a fat chance of an impeachment motion being moved against President Sirisena.
As if to attest this, the JVP in Parliament said that there was a possibility of President Sirisena facing an impeachment and losing his civic rights as he has violated the Constitution of Sri Lanka.
JVP MP Vijitha Herath who seconded the Adjournment Motion about the impact of the current political turmoil on the economy and diplomacy, moved by Dr. Nalinda Jayatissa noted that President Sirisena has violated the Constitution on a number of occasions and he is continuing to do so.
Herath said the manner in which President Sirisena sacked Ranil Wickremesinghe from the premiership was unconstitutional. Not only that, appointing Mahinda Rajapaksa was also against the Constitution.
He then dissolved Parliament which once again was not constitutional. Due to these reasons, he might face an impeachment and lose his civic rights. In fact he would face dire consequences. He is destroying Rajapaksa right now as he did in 2015,” he added.
Dr. Jayatissa moving the Motion said that the image the international community has about Sri Lanka has been tarnished due to the recent actions of the President.
“What President Sirisena did is clearly a State conspiracy. He has no right to do that. Because of his actions, the economy of the country is severely affected. Our reputation is tarnished globally in a rather pathetic manner. The President cannot do this,” he noted.
On the same day, UNP Parliamentarian Sarath Fonseka called for the introduction of laws to check the mental status of the President of Sri Lanka once a year, like in the United States of America.
Making a hard-hitting speech in Parliament, targeting President Sirisena, Fonseka said: “The US President checks his mental status once a year.
Senior officers in the US Government and military officers also undergo these tests. I think we should introduce such laws in Sri Lanka, even if the Constitution needs to be amended. If someone who rules the country is going insane someday, we can send him to a psychologist then.”
“During the last sitting (30 November), I informed the Speaker about the President falsely accusing me while going here and there. The Speaker asked me to make a written request on that and I followed that instruction. I hope action will be taken according to that.”
Speaker Karu Jayasuriya: “I’m working on that.”
Fonseka: “In addition to that, the President again had told the United National Front (UNF) Leaders that if I was elected as the President in 2010, they would not have been able to hold discussions during his meeting with them on 3 December. It seems that he cannot do anything without remembering me.”
He then read out two letters of Anuradhapura Returning Officer H.M.K. Herath and Election Commissioner Dayananda Dishanayake that were sent to the Deputy Inspector General of Police in the North Central Province and the Inspector General of Police in 2010.
“According to these letters, it would be clear to everyone whether former President Mahinda Rajapaksa actually won the election or he forcibly took the win. However, if I was the President I would never violate the Constitution of Sri Lanka like President Sirisena did.
I would not appoint the person who was defeated in the 2015 presidential election as the Premier. I would not go on foreign trips once in two weeks either,” Fonseka added.
Furthermore, he stressed, “I would not make someone to write a book about me and publish it under my daughter’s name. I would never try to be an actor by posing for pictures and wearing sunglasses, because I know I am too old for that.”
SLFP-SLPP alliance
Sri Lanka Freedom Party (SLFP) at its special Central Committee meeting held on Friday night had discussed available avenues to contest the future general election together with the Sri Lanka Podujana Peramuna (SLPP) by forming an alliance.
Amongst many other topics discussed with the target of reviving and re-organizing the SLFP, prominence was also given to discuss whether we (SLFP) can go for an agreement with the SLPP to contest in future elections, Minister Dayasiri Jayasekara said.
He also said that the party will discuss the matter further on a later date to ascertain how they could enter into a pact that will be more profitable to the SLFP.
SLFP General Secretary Prof. Rohana Lakshman Piyadasa said that attention was also paid to the Court proceedings pertaining to the dissolution of Parliament.
Several SLFP Central Committee members following the discussion told media that they, too, might have to think about joining the SLPP in future.
However, UPFA General Secretary Minister Mahinda Amaraweera said it was not yet decided whether or when the party should enter into an alliance with the SLPP to contest in future elections.
Meanwhile, several party sources confirmed that there are two factions within the SLPP as well.
“One group is in favour of entering into a pact with SLFP to contest in the general election. The other group says that the party should contest separately under the Lotus Bud symbol and forming an alliance with the SLFP should be done after the election results were out,” the SLPP sources said.
