Maithri brings ‘operation Dayasiri’ to wither impending storm created by CBK
BY GAGANI WEERAKOON-02:00 AM JAN 06 2019Praising the establishment of the independence of the Judiciary as being the only light at the end of the tunnel, in the context of the recent Constitutional and political crisis, Speaker Karu Jayasuriya said that henceforth, the world would not talk about international Judges intervening in Sri Lanka.
The latter was a reference to the call from various stakeholders to have foreign Judges involved in a judicial process to try alleged war crimes and human rights abuses and violations, perpetrated and committed during the period of the war.
These views were aired by Jayasuriya when he met the chief representatives of the multi-religious summit at the Speaker’s official residence on 26 December.
Speaker Jayasuriya said thus in reference to a landmark Judgment interpreting the powers of the Executive President to dissolve Parliament post-19th Amendment to the Constitution, where a seven-Judge Bench of the Supreme Court, on 13 December, unanimously quashed President Maithripala Sirisena’s proclamation issued via an extraordinary Gazette dissolving Parliament and calling for a General Election, declaring it null and void, ab initio (from the outset), and sans any force and effect in law.
On and after 26 October, President Sirisena set in motion a political and Constitutional crisis after removing then Prime Minister Ranil Wickremesinghe, appointing Parliamentarian Mahinda Rajapaksa as the Premier, appointing Ministers (Cabinet, State and Deputy), proroguing the Parliament and subsequently dissolving it. In the wake of the dissolution, political parties, civil society organisations and citizens, among others, challenged the dissolution of the Parliament by the President stating that their fundamental rights had been infringed. Subsequently the Court delivered the aforementioned verdict.
Speaking further to the religious representatives, Jayasuriya pointed out that, “It is not important as to who won at the end of the past two months. This is because the country suffered a major defeat during this period.
The prime position that was coming our way in terms of the world’s tourism industry was lost. The Japanese funds for the monorail project of the American Millennium Challenge Corporation and the International Monetary Fund were to be turned back. The respect for our Parliament which has provided examples to the world, suffered a major black mark. Yet, I see a positive in this. The independence of our judiciary became world famous. Henceforth, the world will not talk about international Judges intervening in our country. It was confirmed that we have such an independent, non-partisan judiciary.”
Further, it was understood that political forcefulness could not be made a reality in this country, he noted, adding that it was affirmed that henceforth no leader can do the wrong thing.
Even though, Jayasuriya saw a brightside to an embarrassing failed constitutional coup, the consequences keep on rippling with both, the SLFP and tghe UNP witnessing dissidents.
By last week it was revealed that a group of SLFPers, having had a discussion at the Northern Governor Reginold Cooray’s Colombo residence, on the lines of forming an alliance with the UNF Government. This move, widely believed to have been instigated and planned by former President Chandrika Kumaratunga, will enable the forming of a so-called National Government and thereby increase the number of Cabinet members.
However, President Maithripala Sirisena, coming to know about the plan, called for resignation letters from all the governors.
Western Province Governor Hemakumara Nanayakkara believed this was merely a reshuffle, yet in typical Sirisena style came a Friday political surprise.
New Governors appointed to five Provinces were sworn in before President Maithripala Sirisena at the Presidential Secretariat on Friday (4).
The new Governors were appointed to the Western, Central, North Central, North Western and Eastern Provinces respectively.
The Governors are: Azath Salley - Western Province, Satendra Maithri Gunaratne - Central Province, Sarath Ekanayake - North Central Province, Peshala Jayaratne Bandara - North Western Province and M.L.A.M. Hizbullah - Eastern Province.
This will also enable incumbent Chairman of the State Timber Corporation, Shantha Bandara to make his re-entry to Parliament by next week on the UPFA National List.
Bandara, who was widely accepted as confidantes of President Maithripala Sirisena, was made the Head of the SLFP Youth Wing following the 2015 Presidential Elections.
His re-entry to Parliament follows A.L.A.M. Hizbulla taking oaths before President Sirisena Friday morning (4) as Governor of the Eastern Province.
Dissidents
Around 20 Sri Lanka Freedom Party (SLFP) organizers have decided to step-down from their posts and form a separate group.
According to highly placed sources, the group that is planning to defect from mother party will identify themselves as ‘SLFP-Alternative Group’ and was slated to disclose their future political plans at a press briefing to be held at the Public Library Thursday (3).
The group has had several rounds of discussions with leaders of the United National Front (UNF) and would announce their future political actions this morning, including whether they would join the UNF.
Addressing a Media briefing Wednesday (2) morning, SLFP Kegalle District Organizer, Bandara Athukorala said many SLFP Organizers opposed the move of President Sirisena joining hands with Former President Mahinda Rajapaksa and his faction on 26 October. “But the President did not listen and acted as a dictator. Now this situation has become much more severe as the President does not even listen to the General Secretary of the Party,” he claimed.
“The people did not give the President a mandate to rule the country with Rajapaksa and his faction on 8 January 2015. But the President joined the same persons, the people rejected in 2015. The SLFP has core values which have been built on the Bandaranaike (a reference to Party Founder, late Premier S.W.R.D. Bandaranaike) principles. Now the President is taking the Party away from these principles and gradually destroying it,” he said.
Athukorala added, “Currently we are holding discussions with every faction of the SLFP. There are several Parliamentarians among them as well. We will continue holding discussions with them and announce our future plans. We want to save the Party from further damage. More than 30 electoral Organizers, 17 District Organizers and all SLFP youth organizers support our views on the matter.”
In the wake of several electoral organizers threatening to defect from the party, challenging President Sirisena’s Party leadership, the Central Committee of the Sri Lanka Freedom Party (SLFP), which met Thursday night, unanimously decided to appoint former Minister and Kurunegala District Parliamentarian Dayasiri Jayasekara as Party’s General Secretary.
Jayasekara’s appointment follows the resignation tendered by former General Secretary Prof. Rohana Lakshman Piyadasa. Jayasekara resigned from the UNP and joined SLFP, during President Mahinda Rajapaksa’s last tenure and contested under UPFA banner and became the Chief Minister of North Western Province.
Whether Jayasekara would be able to wither crises in the party and drive it towards victory at future elections is a matter to be solved in future. However, by last week it was clear that UPFA will join hands with the SLPP in contesting elections in the future.
Opposition Leader
Speaker Karu Jayasuriya, reiterating that he recognises Kurunegala District Parliamentarian Mahinda Rajapaksa as the Opposition Leader, has told Government rankers to go to Courts if they have any problem accepting his decision.
He had said so at the Party Leaders’ Meeting on Friday (4) at the Parliament complex. Speaker Jayasuriya also said that he recognises Parliamentarian Mahinda Amaraweera as the Chief Opposition Whip.
He had further stressed that this announcement, which was earlier made in Parliament, stands.
Further, the Speaker held that he expects the Leader of Opposition to assume office and to take over facilities he is entrusted with.
However, the Government side representatives, who participated at the meeting, opposed the Speaker’s stance. Ministers Rauff Hakeem, Mano Ganesan and Lakshman Kirielle have stressed that Parliamentary membership of Rajapaksa itself is questionable. “He has obtained membership in another party, out of the UPFA,” they had opined.
However, the Speaker was of the stand that he cannot decide on the Party membership of Rajapaksa or anyone else and that it should be decided by Court.
“However, the representatives from the Government side told the Speaker the decision should be taken by Parliament, therefore, the Speaker should have the final say, yet he was not willing to accept it,” sources said.
When asked from former Opposition Leader R. Sampanthan about his party’s stand on this decision, he said, “I’m not aware of any such decisions. I don’t think there was any formal discussion and that any decision was taken. The Speaker had made an announcement in Parliament saying that he recognizes Rajapaksa as the Leader of the Opposition because the UPFA had written to him and stated that they are second largest party in Parliament and they want their leader recognized as the Leader of the Opposition.”
He further said, subsequent to the objection made by some members and by himself, the Speaker responded he would give a ruling on this matter on a future date. “The Speaker had not given the ruling thus far. Parliament is due to sit on the 8 January. Whether he will give the ruling or not, I don’t know.”
“We accept the fact that the post of Leader of the Opposition should be, in normal circumstances, go to the second largest party in Parliament. Largest party is the Government and the second largest party should have the Leader of the Opposition. This is not a matter we are disputing,” he further added.
The second largest party in Parliament is in alliance with the Government, in some way and thereby disqualifying itself from becoming the official opposition, when the second largest party is entitled that position, he added.
Since September 2015, I was the leader of the second largest party in the Opposition. The first largest party in the Opposition and second largest party in Parliament, which is the UPFA was part of the Government. They are in alliance with the Government and hold Cabinet portfolios. The President, who is the leader of the UPFA, is the member of the Cabinet and he has several portfolios. They are collectively responsible and answerable to Parliament. A person from the same party cannot be the official Leader of the Opposition.
“The President is the head of Cabinet. He holds three portfolios, Defence, Mahaweli and Environment. He has now brought other subjects under him. He, being the head of the Cabinet in terms of the Constitution, is collectively, responsible and answerable to Parliament. As a member of the UPFA, who has joined the Government ranks, he is virtually a part of the Government. In those circumstances, though the UPFA has formed an alliance, he had pulled it out of the Government, but the UPFA still plays a role in the Government. In that situation, a member of the UPFA cannot be the official Leader of the Opposition.”
Further, Rajapaksa, after the dissolution of Parliament, publicly became a member of the Sri Lanka Podujana Peramuna. There were pictures in newspapers which proved that he joined the new party. How far that is correct I don’t know. But there were pictures in the paper that he joined the Podujana Peramuna. If a person obtains membership of another political party, on the expiration of 30 days, that person loses his membership of Parliament. This is a constitutional provision.
A person who resigns or who is expelled from the party on whose ticket he was elected to Parliament, on the expiration of 30 days, completely loses his or her parliamentary membership. In order to join the Podujana Peramuna, Rajapaksa left the UPFA and on the expiration of 30 days he loses his membership in Parliament and a person who is not a member of parliament cannot be Leader of the Opposition, he added.
“These are matters to be answered and we are awaiting those answers. Principles that are in the Constitution cannot be violated and kept under the carpet,” he added.
