Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, December 15, 2018

Rationality of Sirisena’s irrationality


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Saturday, 15 December 2018

Man becomes a little cog in the machine, and, aware of this, his one preoccupation is to become a bigger cog said Max Weber, the founding father of sociology. Maithripala Sirisena became a small cog after the 19th Amendment. Then he decided to be a bigger cog. Now we are in grave trouble.

When Maithripala Sirisena the President sacked Ranil Wickremesinghe and installed Mahinda Rajapaksa in his place as Prime Minister on 26 October, he would have had a plan.

“Everyone has a plan until they get punched in the mouth,” said Mike Tyson, the best known heavy weight boxing champion.

On 13 December – 49 days later – a seven-judge bench of the Supreme Court delivered a unanimous punch on Sirisena’s sermonising mouth.

Maithripala Sirisena had a plan. As evidenced by the subsequent conduct of a significant section of mainstream media he had a formidable flock of ‘spin doctors’ or rhetorical strategists ‘relativist in their morality’ totally disinterested in truth and convinced that what really mattered was power and its ruthless, dishonest wielding of it.

One of those principal spin doctors Dr. Dayan Jayatilleka whom Sirisena positioned as Ambassador in the land of Putin wasted no time in putting priorities in order.

In an email addressed to Mahinda Rajapaksa through comrade Vasudeva he reiterated: “The initiative should never be allowed to seesaw. The offensive momentum should be seized and maintained by the new government.” He unwittingly recorded for posterity a political scientist’s partisan but precise portrait of a ‘putsch’. If the removal of a prime minister and the appointment of a successor was a purely constitutional process, why should Sirisena’s handpicked envoy to Moscow proffer guidance in such combative putschist patter?

Large wars can start with small stakes. Sirisena launched his assault quite satisfied that his tactic of surprise coupled with the macho image of Mahinda and Gotabaya’s notoriety to instill fear would subdue the opposition’s collective will to resist.

The picture of IGP Pujitha Jayasundera saluting Mahinda Rajapaksa – the new Prime Minister – watched by Gotabaya the ‘Gauleiter’ published in all mainstream media served as a directional forecast and a signal of finality of the ‘regime switchover’.

Perfection of Sirisena’s strategy depended more on the psychological and less on the political. That explains Keheliya Rambukwella’s seizure of State television stations and Lake House on the same night of the cloak and dagger hush-hush swearing-in of the war winner as the possible winner of a purchased parliamentary majority.

If you listened to Dulles Alahapperuma, G.L. Pieris, Bandula Gunawardene and Wimal Weerawansa you will know why Sirisena had to opt for Mahinda Rajapaksa and no one else. Mahinda alone commanded this fearsome repertoire of total deceit. They had the mastery of a peculiar craft of spin together with their saffron-robed counterparts.

The absence of a moral core was their principal strength. Their competitive demagoguery was matchless, or so it seemed. Elegant Sinhala idiom they used advanced their self-interest. Their tricks of rhetorical language served to make the foolish and the ignorant profoundly wise and knowledgeable.

It is in this context that we should consider the great verdict of the Supreme Court.

Sirisena still represents a terrible peril for our democracy. The Supreme Court verdict is only a reprieve. The barbarians are still camped outside the gates of the democratic city. We are still under siege.

The Janatha Vimukthi Peramuna has indicated that it would initiate an impeachment motion against President Sirisena. The UNP must realise that it reached this point not on its own steam but on the good sense of the JVP and other minority parties.

The 122 Members of Parliament who defied the capricious conduct of Sirisena must now decide its priorities. The impeachment of Sirisena and the passage of the 20th Amendment is far more pressing than restoring Ranil’s lost premiership.

The Supreme Court has unanimously held that the executive act of dissolution of Parliament was illegal and the Presidential decree has violated the human rights of the petitioners.

The JVP has rightly pointed out that there should be an investigation in to the events that led to the attempted constitutional coup the failure of which led to the illegal dissolution of Parliament.

The UNP seems preoccupied with the purely parochial concern of restoring the status quo ante. We don’t need to return to what existed prior to the high crime of purchasing parliamentary allegiance – that of Ranil’s kitchen cabinet or Pasky, Charitha and Malik. That would be an equally obnoxious travesty.

The impeachment of President Sirisena must be our immediate and only imperative. If that requires a prime minster other than Ranil Wickremesinghe, so be it.

Maithripala Sirisena is not a mad man. There is a great unassailable rationality in his irrationality. Thomas Schelling – the American Economist – was awarded the Nobel Prize for Economics in 2005 for his pioneering work relating to the game theory where he examined human emotions relating to political and economic decision making.

The Royal Swedish Academy of Sciences explained that it was a recognition of Schelling’s ideas about ‘uncertain retaliation’. The kind of retaliation that Sirisena made against what he perceived as anti-national, unpatriotic neo liberal Anglo centric polices of Ranil Wickremesinghe.

Thomas Schelling explained to his students how the rational mind resorted to irrational behaviour for rational selfish objectives.

Imagine that you are precariously perched on the edge of a cliff, chained by the ankle to someone else. You’ll be released, and one of you will get a large prize, as soon as the other gives in. How do you persuade the other guy to give in, when the only method at your disposal – threatening to push him off the cliff – would doom you both?

You start dancing, closer and closer to the edge. That way, you don’t have to convince the other guy that you would do something totally irrational: plunge him and yourself off the cliff.

That is what Sirisena did when he quietly tried to encourage the no confidence motion against Ranil. That did not work. Even his own plant in the UNP and mouthpiece for Avant-Garde oligarchy that financed the current plot – Wijeyadasa Rajapakshe voted for Ranil.

Then Sirisena did what Nobel Laureate Thomas Schelling predicted as the last resort of desperate opponents. You just move to convince your enemy that you are prepared to take a higher risk than he is, by accidentally falling off the cliff.

If you can do that, you win. You have done it by using probability to divide a seemingly indivisible threat. And a smaller threat can be more effective than a bigger one. A threat to drag both of you off the cliff is not credible. A threat to take a rough 60% chance of that same risk of jumping off the cliff would be credible.

Very unfortunately for Sirisena and Mahinda Rajapaksa the minority parties and the JVP decided that the Constitution was the final rampart that defended their fundamental human rights.

Sirisena jumped off the cliff. The 19th Amendment caught him in mid-air and the Supreme Court was the safety net that finally trapped him in the act. Sirisena’s madness is wickedly rational. Over 49 days of prevarication, obstinacy and repulsive hatred he told us that he would jump off the cliff and was ready to drag our nation along with him.

Thomas Schelling gave another example of game theory. Two trucks loaded with dynamite travel in opposite directions on a narrow road. Who gives way?

A bank teller who cannot open the vault even at gun point because he does not know the combination is what we want. The 19th Amendment ensured that the combination to open the vault is no longer with the bank’s staff at the counter or the manager in charge. Gotabaya Rajapaksa is right. The 19th Amendment was aimed at the Rajapaksa brothers, their families and their followers.

Should we pass the 20th Amendment or allow the Rajapaksas to decipher the combination to the vault? Impeachment of this President is an existential necessity. Reinstating Ranil in the premiership is nowhere near that reality.


Fri, Dec 14, 2018, 09:11 pm SL Time, ColomboPage News Desk, Sri Lanka.


Lankapage LogoDec 14, Colombo: Sri Lanka's ousted Prime Minister and leader of the majority United National Party (UNP) Ranil Wickremesinghe will be appointed as Prime Minister again, reports from Colombo say.

The UNP leader Ranil Wickremesinghe will take oath as Prime Minister on Sunday at 10 am, Senior UNP MP Rajitha Senaratne has told BBC Sinhala Service.

The President Maithripala Sirisena had reportedly agreed to reinstate ousted Prime Minister in the post after a discussion with Ranil Wickremesinghe over the phone a short while ago.

Meanwhile, a new cabinet will be sworn in on Monday (17), unconfirmed reports say. The new cabinet will consist of 30 members and include six Sri Lanka Freedom Party (SLFP) parliamentarians.

The President had a meeting with Speaker Karu Jayasuriya and Ranil Wickremesinghe yesterday (13th) and has reportedly agreed at the meeting to reinstate Wickremesinghe as the prime minister.

The President removed Ranil Wickremesinghe from the post of Prime Minister on October 26th and appointed former President Mahinda Rajapaksa as the Prime Minister plunging the country into an unprecedented crisis.


The controversially appointed Prime Minister Mahinda Rajapaksa today has decided to resign from his post following the Supreme Court's refusal to stay an Appeal Court interim injunction against him and his cabinet from functioning as a government.

The Delights Of A Rural Existence – Awful Similarities To Venezuela

Emil van der Poorten
logoThe recent reading of a piece on Venezuela, beginning with the emergence of Hugo Chavez and the truly desperate straits that nation is in today under the rule of Nicholas Maduro and his supporters, brought distinct discomfort to anyone observing the Sri Lankan scene.
While Hugo Chavez, despite his attempts to perform an unsuccessful military coup when he belonged to the Venezuelan armed forces, landing in jail for his pains, does not have a clearly identifiable counterpart in Sri Lanka, what he sought to achieve was very similar to what various leaders of “left” inclination seek to achieve here – broad democratization of immediately post-imperial domination resulting in wealth-accumulation for themselves and their friends.
In the case of Venezuela, as was the case in the vast majority of Central and South American states, it was brutal, violent military dictatorships that prevailed.  While, in the Americas, it was mailed fist despotism and violent responses to anything resembling resistance, in Sri Lanka’s case and in most of what was previously the British Empire, it was a lot more subtle. The local comprador bourgeoisie was used to continue economic control. For instance, every pound of tea made in Ceylon went through the auctions of Mincing Lane in London, no exceptions.  When one particularly garrulous Prime Minister of what was then Ceylon made the (obvious) proclamation about how totally unjust this was, Mincing Lane “taught Ceylon lesson.” It closed the tea auctions to product from this country for as long as it took for the “lesson” to sink in.
Sri Lanka, over the years, has successfully navigated the shoals of imperial and post-imperial domination. However, the unholy, but not untypical combination of monumental ego and an equivalent lack of historical knowledge and intellectual acumen have led us to the brink of another calamity if Mahinda Rajapaksa succeeds in his quest to return to the power of life and death over Sri Lankans. Like the Rasputins around Czar Nicholas’ court, we have the G. L. Peiris’ and Dayan Jayatillekas hanging around the table in quest of the crumbs from it, with little risk of having their behinds being kicked if that exercise fails to deliver the expected returns.
Without doubt, this is a deadly scenario made worse by a spineless government seemingly ever ready to go along with what appears to be their “Plan B” which is a co-existence with the Rajapaksa horde if they are supplanted. After all, half a loaf is better than nothing at all! If proof be needed of the reality of that scenario, the financial success of many of the so-called leading lights of the current UNP during the time that Mahinda and Co. ruled the roost only need to be viewed.
The upper echelons of the business community, with a miniscule fraction that have displayed anything like principle, will continue on their merry way. After all, they have had no consequences to face for their virtually criminal activity under the protection of the Rajapaksas despite the much-vaunted “regime change.” They continue to make even greater profits at a time of national calamity, particularly those in credit-providing and financial enterprises. Want an example? The man controlling a chemical plant that contaminated the drinking water of neighbouring villages, NEVER had to answer for the fact that the armed forces killed unarmed protesters and uninvolved bystanders after chasing some of them into places of worship. In fact, he has been lionized by other businessmen, some members of the general public and government circles for his success in enhancing the profitability of his business enterprises that were built on that most “respectable” of businesses – the casino trade!
The precipitous decline of this country is leading to a Venezuela-type denouement, with “the rich getting richer and the poor getting babies,” if their malnutrition permits conception, that is!
When are people in The Miracle of Asia going to display their much-vaunted sophisticated civilization and wake up to the reality facing them? That reality is that all of those making hypocritical pronouncements from both sides of the House are all birds of a feather and need to be plucked and left to the fate that they have earned.

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Constitutionless-governmentless anarchy

After Sirisena: Task is to reverse decay in public-life and end moral corrosion


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Kumar David- 

Corrosion of public morals started well before Sirisena though his drollness gave it comical colour. The last six weeks may have outraged some; others may have split their sides in mirth. Corruption is not new - in an interview posted on Facebook and YouTube Sirisena blurted out that the going rate for the purchase of MP’s had risen to Rs 500 million! This time however there is a crucial difference; never before has the Constitution been so barefacedly dishonoured. Previous leaders were no angels but never would DS, Dudley, SWRD, Mrs B, JR, Premadasa, DBW or Chandrika have clung to office after not one but six consecutive defeats in parliament. Do we need seven judges of the Supreme Court to tell us that a dunce is abusing the Gazette, or a two judges Appeal Court bench to conclude that a would-be autocrat and this comical coot of a crackpot have conspired to plant a fake government?

Rajapaksa, greedy for power and frantic to avoid prosecution of kith and kin, sought to manipulate the coot. But can a whole goddamn "Cabinet" be filled with wretches? Has anyone seen anything so bizarre any place, any time, in the history of parliamentary politics? This is not a rhetorical question, I ask in earnest. Vasudeva, Wimal, SB, Amunugama, Johnston, Thonda, Gamanpila, Lokuge and Bandula can hardly be called men of moral worth or integrity, but the whole freaking 29 of them! We need a name list of this motley crew for when the country reawakens we must recount these freakish tales to our grandchildren. And it’s time a gifted dramatist did a musical comedy. With 23 state and deputy-ministers the mob totals 52 outnumbering the Ali Baba pack by 12. Of the 90 who desecrated parliament 52 were brawling to protect profits looted from the public purse.

The loot is as follows. Salary: Ministers and State Ministers draw Rs.140,000 a month (increased from 65,000 in January), while deputy ministers draw Rs.135,000 (up from 63,500 in January). All, as parliamentarians draw corresponding allowances and benefits as well. Residence and office: Ministers get an official residence, an office and personal staff. Travel: Ministers get three vehicles, including an official vehicle and security vehicles provided and maintained by the state; domestic air travel - Air Force helicopters. Security: Provided by the police; military units during emergencies. So, you see, it’s not for nothing that these rats scream obscenities and overturn parliamentary furniture.

This carnival of deceit and sleaze is not the worst of it. More lasting is the damage to institutions of parliamentary democracy and to constitutional propriety. Whatever one’s partisan view vis-a-vis Ranil and Mahinda or UNP and SLFP-PP, it is to repairing this damage that we must first set our minds. What can we do to prevent a disgrace of this magnitude turning our country into a theatre of the comic again? First comes resolve; determination "Never again!" Intervention by political party grassroots will be useful; who are these crappy "leaders" without us? Party cadres must shame thug MPs; people at large must step in and give every slime-ball a bloody nose at the elections. These are obligations that go beyond party loyalty – we can return to party politics later but let’s get the job of banishing dishonourable MP’s and reversing corrosion in public morals first. We will have time enough later to press forward our favourite economic policies and social programmes. This opportunity must not be foregone.

But let us not be simpletons; Court Orders, parliamentary defeats, public outrage, admonition from overseas, collapse of the rupee and economic ruin have never stopped fascists on the march. MR has challenged an Appeal Court order in the Supreme Court not because he cares two brass farthings for the courts but to buy time to plan the next move in his power-grab. Sirisena asserts "Even if all 225 MPs vote for Ranil as PM, I will not appoint him". Remarkable! Not the Japanese Emperor, Queen of England or President of India has such powers! Possessed, or in cahoots with Rajapaksa who sought to exploit what he thought was simpleton naivety to find an albatross round his neck? Thakshila Lakmali Jayawardena has filed a petition in the Court of Appeal seeking a Writ of Mandamus to inquire into the state of mind of Maithripala Sirisena under the Mental Diseases Ordinance. It’s very timely.

Fascism has to be smashed, it has to be uprooted root and branch; the lesson of history is that there is no other way to eradicate the scourge. I have shouted myself hoarse begging people to learn from the genesis of fascism elsewhere. Proto-fascism (proto means emergent or early) grabs power by foul means or fair and grips it like a limpet. It will not loosen its grip come what may. If forced to step back for a moment it will claw at every institution (legislative, judicial or executive) till it has recovered its grip. This is what is going before our eyes. The limpet fastens its grip at each stage and inches forward. The last resort of SLFP-PP proto-fascists and the MS-MR rogue-regime will be to incite violence (loot Muslim shops, "reveal" hidden Tiger cells) as a pretext to declare a state of emergency. But beware M&S! This is a daring game; who may eventually be strung-up from a lamppost is not foreseeable!

Parliamentary elections will have to be held in 2020 at the latest. The crucial question is whether before or after presidential elections. If presidential elections come first, Ranil (or Karu or Sajith) has better than even odds not because he is a much loved but for two other reasons. First the SLFP-PP has no credible candidate; second the havoc the Rajapaksa gang created in recent weeks has devastated its standing. Who are its likely presidential candidates? Maithree cannot poll ten percent, Mahinda cannot run and Gota has lost his shine but not yet his American passport. If presidential elections are held before parliamentary elections and before the bitter taste of recent events is forgotten, Ranil is a lucky fellow with improved chances of winning thanks to the Mahinda -Sirisena suicide pact.

Parliamen tary elections are harder to predict if they come first because the "big candidate" issue is absent, UNP economic policy has been a flop, racism is more easily swallowed on small canvases, and rigging and violence are more likely. This is the calculation motivating the SLPP’s frantic campaign for parliamentary elections. The thuggery on display in parliament may work against some MPs but we are on new ground in such matters. How is the electorate responding, Lanka is not known for its political maturity? The UNP if it forms a strong alliance may still do well; we have to wait and see, etc. etc.

Trends in the last 10 days have moved against S&M practices and both, in my view, are in contempt of parliament and the former is indictable for treason. The government, in whatever form it is reconstituted after the Court rulings, will be subordinate to parliament which can now flex its muscles over Prime Minister and Cabinet. In theory it’s good because, in principle, in Lanka as in UK and India, parliament is supreme over government and executive. Let us rephrase NM’s question to JR: Say he had asked: "What if a string of madmen one after the other ascend to the executive presidency?"

The realistic answer is ‘Abolish the prevailing presidency and replace it by a ceremonial alternative’. People have now arrived at that understanding thanks to the postures and positions of S&M.

I have asserted many times in this column that proto-fascism with a rogue-regime under its control is a mortal danger to democracy, the body politic and even the corporal body of some of us as the conflict intensifies. Though there has been a push back thanks to rising public anger from which the Courts have taken courage I don’t want to leave you with the idea that danger is past. Though the unconstitutional Gazette has been stayed, the illegal administration unpacked and no significant foreign countries except China have given the fake-government a nod, the game is not over. At this time of writing the Supreme Court and Appeal Court judgements are still pending but the rational part of my mind conjectures that the judgements are unlikely to go well for Sirisena and Mahinda. Even if that be the case it will give only temporary respite from multipronged attack that has been launched on democracy by proto-fascism and the rogue-state. There are slew of court cases initiated by the Rajapaksa side with the motive of pure harassment, the Daily Mirror reports that Sirisena is instigating Wimal and Vasudeva to campaign for referendum demanding immediate parliamentary (not presidential of course) elections and the atmosphere is one of constitutional anarchy. To clear the air the people must mobilise and wipe the Lanka’s political clean of this neo-Mussolini threat.

Judiciary’s Message: Constitution and Democracy First

Photo by LAKRUWAN WANNIARACHCHI / AFP via Asia Times

In two judgments delivered in two consecutive days, Sri Lanka’s supreme court has sent out a firm message to the country’s quarrelling political leaders: constitution and democracy first.
The judges have also assured Sri Lankan citizens that in their fight to defend Sri Lanka’s endangered democracy, the judiciary is now a reliable arbiter.
The Supreme Court has also said a firm ‘no’ to a narrow and personal agenda of President Sirisena who has, by a series of bizarre words and deeds, repeatedly proved himself to be a liability to the whole country.
In fact, the issue that came before both the Court of Appeal and the Supreme Court for arbitration was a very simple one: Should Sri Lanka’s president, and by implication other political leaders, honour the letter and spirit of the 19thAmendment, or should they act on the pretext that the 18thAmendment, despite its abolition in April 2015 by Sri Lanka’s parliament by a two-thirds majority, was still in force. Actually, all the legal arguments presented before the judges by lawyers of parties to the constitutional dispute amounted to this elementary, yet fundamentally important point.
The Court of Appeal’s interim order as well the Supreme courts’ two determinations had no ambiguities about what outraged democracy-loving citizens as well: President Maithripala Sirisena’s actions and utterances on October 26 and after grossly transgressed Sri Lanka’s Constitution.
What is most welcoming amidst all the setbacks that Sri Lanka’s democracy suffered during the past seven weeks is the emergence of the judiciary as a stable, reliable and independent protector of Sri Lanka’s democracy, its institutions and practices, as well as the rights and freedom of citizens.
This is a very significant achievement made possible by the 19thAmendment.
It has occurred at a time when the head of the executive, in alliance with a coalition of ambitious power-grabbers, was in a mad rush to tear down the constitution and bring the legislature to its knees. They may have hoped that the judiciary would also capitulate.  And the Supreme Court delivered, on Thursday and Friday, two of the most decisive of its verdicts in the entire history of independent Sri Lanka.  These are not just landmark judgments, as law students would usually describe them. Rather, they are two future-defining verdicts.
From this Sunday onwards, Sri Lanka’s politics will enter a new phase with renewed hope for democratic consolidation. Citizens can now relax during Friday evenings with a sense of assurance that at least one branch of the state, the judiciary, is there to protect their rights and freedoms against ambushes in the dark by political adventurers.
Fragile Gains
However, it is too early for vigilant citizens to drop their democratic guard. Democracy’s gains in the current context are fragile. There are two inter-related reasons for the fragility of democratic gains. The first is that the coalition of the power-grabbers that has been forced to retreat will re-launch their project of return through elections due next year. Secondly, the UNP, which will form the new government on Monday, is not likely to be a force strong enough to ensure democratic continuity, unless it drastically alters its disastrous economic and social policies.
As long as parliamentary democracy – or political democracy — that the UNP is good at defending is not strongly backed by a programme of economic democracy and redistributive justice, there is no guarantee that the majority of voters in Sinhalese society would not be dazzled by the allure of right-wing ethno-populism of the Rajapaksa family.
Given the massive economic crisis the country is already in, the UNP will have no choice but to ask the people to further tighten the belts. A crumbling economy can only offer any ruling party a recipe for electoral disaster. Thus, the 2019 will be a crucial year for Sri Lanka’s democratic future.
Amidst these uncertainties in the horizon, the citizens’ movements will have to be doubly resolute in defending their democratic gains. That calls for redoubling of democratic vigilance and activism on the part of citizens, political parties, civil society groups, and the moral communities.
Revival
The past seven weeks of activism against President Sirisena’s madness also saw a host of positive developments in Sri Lanka’s contemporary democratic revival. Foremost among them is the role of citizens in resisting President Sirisena’s brazenly undemocratic decisions through vigorous political participation, humour, vibrant and active interest in politics, and the verbal resistance in animated conversations with fellow citizens.
Similarly, citizens committed to defending constitutional governance, democracy, and freedom found themselves spontaneously mobilized. Most outraged by President Sirisena’s actions were the thousands of youth who voted for the yaha hapalanyaproject in 2015. There was also political re-awakening of citizens from all social classes who began to seriously discuss political themes that are usually ignored or taken for granted.
This was also the time when political humour –creation, enjoyment, and sharing of it — emerged as the sharpest political weapon of citizens. In brief, there was a Republicanist surge of citizens’ political consciousness, education and activism in defence of political freedom.
The preservation of the democratic space thus widened during the past seven weeks through continued and peaceful political resistance is a major task ahead. It calls for the consolidation and sustaining of citizens’ political activism as an independent political fore, not tied to the electoral agenda of any political party.
In fact, only the constitutional part of the crisis has reached the stage of some resolution at the moment. The political side of the crisis and the intra-elite power struggle is far from over.
Meanwhile, the peaceful resolution of the constitutional-political crisis through judicial intervention marks the beginning of a new era of democratic resurgence in Sri Lanka. How long will this new era of democratic revival last?
The ways in which the deeply divided and hostile factions of Sri Lanka’s political class might manage or intensify their unresolved conflict in the coming weeks and months will be crucial for determining the continuity and survival of Sri Lanka’s re-affirmation of democracy’s indispensability.
Meanwhile, odds are obviously in favor of resurfacing in the open the intra-elite conflict in some new form. It might even be even as bizarre as renewing the old enmity between the Rajapaksa camp and President Sirisena. Mahinda Rajapaksa’s reaction to his current predicament might be a feeling that he has been double-crossed by President Sirisena and his team. Can he come to terms with a political setback of such disastrous magnitude and sulk in silence?
New retreats from democracy can from a new UNP government too. Most immediate of them would be the UNP’s returning to the old tricks of covering up of corruption, renewing the secret deals with the Rajapakas, and taking citizens, particularly ethnic minorities, on a ride about constitutional reform.
Democratic vigilance on the part of the citizens is most needed in the period ahead too.

SC refuses to stay Order on Mahinda’s appeal

Case to be heard on January 16, 17, 18
SC orders Appeals Court not to hear petition against MR, Cabinet from holding office till SC hearing is over

Saturday, December 15, 2018

The Supreme Court three-judge-Bench comprising Justice Eva Wanasundara, Buwaneka Aluvihare and Justice Vijith K. Malalgoda yesterday unanimously refused to set aside the Interim Order issued by the Court of Appeal restraining Mahinda Rajapaksa and 48 others from functioning as Prime Minister, Cabinet of Ministers, State Ministers and Deputy Ministers respectively.

However, plurality decision of the Supreme Court three-judge Bench decided to grant leave to appeal with four appeal petitions filed by Parliamentarian Mahinda Rajapaksa and several others.

Justice Vijith K. Malalgoda made a dissenting order to reject these appeal petitions in limine.

Accordingly, the appeal petitions were fixed for argument on January 16, 17, and 18 next year.
Meanwhile, the Supreme Court issued an order staying the Court of Appeal proceedings pertaining to Quo Warranto application until the conclusion of Supreme Court inquiry.

The Supreme Court further directed the Supreme Court Registrar that the request that had been made to nominate a fuller Bench to hear these appeals be referred to the attention of Chief Justice.

However, the motion filed on behalf of Parliamentarian Ranil Wickremasinghe sekking a fuller bench comprising more than five judges of Supreme Court to hear these applications was rejected by Supreme Court yesterday morning. President’s Counsel Romesh de Silva informed that respondents in this appeal solely relying upon the hansard report to support No Confidence Motion (NCM) which is available in uncorrected version. ‘Though the Hansard mentioned the motion pertaining to the NCM was carried, the video footage released by the Parliament official website did not transpire anything to support in this regard.

A Quo Warranto cannot be issued based on the uncorrected version of parliament proceedings (hansard reports),’ Mr. Silva further added.

Silva further said the Court of Appeal failed to properly consider their preliminary objections that Court of Appeal has no jurisdiction to hear a Quo Warranto petition.

“The Court of Appeal acted in wrongful manner from the beginning. We are in a situation where there is no a Prime Minister or Cabinet for several weeks,” he further said.

Meanwhile, President’s Counsel Gamini Marapana appearing for Parliamentarian Mahinda Rajapaksa stated that the Court of Appeal has granted an order that has to be granted after conclusion of the petition.

He made a request to vacate the Interim Order issued by Court of Appeal which prevented the operation of entire Cabinet.

President’s Counsel K. Kanag-iswaran stated that Parliament has passed a NCM with majority of 122 parliamentarians on November 14 against the de-facto government. ‘122 members of parliament who constitute majority of the Parliament voted in favour of the NCM filed against the government. If Parliament passed a NCM on the government, the cabinet of ministers stands dissolved,’ Kanag-iswaran said.

Counsel Suren Fernando appearing for the petitioner-respondents stated that Parliament proceeding cannot be challenged in courts. ‘Parliament has full authority in the affairs relating to legislative matters.

Through this appeal petition, Parliamentarian Mahinda Rajapaksa sought an order to set aside the Interim Order dated December 3 by Court of Appeal.

He also sought an order to grant special leave to appeal against the Court of Appeal order in the writ application No.363/2018.

Rajapaksa alleged that the Court of Appeal erred in its failure to take cognizance of the absence of a proper and legally countenanced application before it in terms of the law in as much as inter alia the failure of the 122 MPs to have supported their application with affidavits countenanced by law. He stated that the Court of Appeal erred in its failure to take due cognizance of its lack of jurisdiction to hear and determine the said writ application in which arose a number of matters involving and requiring interpretation of several constitutional provisions.

He further said the Court of Appeal erred in its failure to consider the legal effect of the cogent evidence adduced by some of 122 MPs by way of affidavits and documents, unedited Hansard issued officially by the office of Secretary General of Parliament and the video footage extracted from the official website of parliament depicting that the said uncorrected draft copies produced in court do not in fact depict accurately the parliamentary proceedings of the said date and that there were in fact no valid votes of no confidence passed in parliament as claimed by the 122 MPs.

Meanwhile, Parliamentarians Johnston Fernando, Dr. Wijedasa Rajapaksa, Dinesh Gunawardena and Chamal Rajapaksa also filed appeal petitions challenging Court of Appeal order dated December 3.
They cited UNP leader Ranil Wickremasinghe and 121 MPs and 49 others as respondents.

A court that stood tall above the political frenzy


 Sunday, December 16, 2018

The Sunday Times Sri LankaAs former President Mahinda Rajapaksa ignominiously retreated following the Supreme Court and the Court of Appeal delivering a richly deserved lesson on constitutional propriety to President Maithripala Sirisena, the nation faces sobering questions close to the dawn of a new year.

Betrayal of the electoral compact  

Euphoria in preventing the President from tossing the Constitution into the waters of the Indian Ocean in front of his Secretariat on the advice of legal ‘experts’ who should be hanging their heads in shame, is understandable. But relapsing comfortably into complacency when the excitement subsides is not an option this time around. The absence of civic vigilance and a forthright critique of ‘yahapalanaya’ failures was precisely the reason why the 2015 democratic gains were frittered away by the unity coalition, long before both partners ferociously turned on each other.

Lest we forget, the attempted extra-constitutional capture of political power by former President Mahinda Rajapaksa on October 26th 2018 did not come upon us in a vacuum. Instead, it was a consequence of betrayal of the 2015 electoral contract by both the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP). This must be underscored. Due responsibility must be borne by both parties.

Even so, it is particularly amusing that Rajapaksa’s Sri Lanka Podujana Party (SLPP) should position itself as the constitutional victim on an entirely disingenuous argument that, by precipitating this turn of events, it was only trying to enable an election to be held so that the people could vote for the party of their choice. Just as much as patriotism is the clarion call of scoundrels, the call to the Supreme Court by the SLPP to respect ‘people’s sovereignty’ is the height of political depravity.

‘Sovereignty of the People’

The context and meaning of that much abused term ‘sovereignty of the People’ was put in proper perspective by the Supreme Court this week. Writing for five of his colleagues on the Divisional Bench, Chief Justice HNJ Perera dismissed multiple objections to the Court entertaining the fundamental rights petitions challenging the dissolution of Parliament. He stated that, in honouring this duty to inquire into fundamental rights challenges, the Supreme Court was only giving ‘tangible and effective life and meaning to the sovereignty of the People.’

Rejecting also the submission of the respondents that, by declaring the dissolution unconstitutional, the right to franchise will be affected,  the Chief Justice stressed the fact that ‘the fundamental premise that any exercise of franchise, must be at an election which is duly and lawfully held and which satisfies the Rule of Law.’ He pointed quite rightly that, ‘a departure from that rule will result in the negation of the requirement of the Rule of Law that an election must be lawfully called and be lawfully held and, thereby, adversely affect the results of an ensuing election.’ The basic principle is that nothing valid can result from an illegality.

Meanwhile the argument relating to immunities of the President received commendably short shrift by the judicial referencing of the proviso to Article 35 (1) in the 19th Amendment affording the right of citizens to file fundamental rights petitions ‘in respect of anything done or omitted to be done by the President, in his official capacity.” Thus, the concept of ‘absolute immunity’ of the President, (which had anyway been jettisoned long before the 19th Amendment), was held emphatically not to be the case any longer. Interestingly it was asserted that judicial review would extend to several other executive powers given to the President in Article 33 (2) (c), apart from what has been expressly excluded and certain other ‘purely’ ceremonial functions.

Core of the constitutional dispute

Unsurprisingly, the Court declined to accept the argument of the Attorney General that the President, in his capacity as the Head of State, had ‘unrestricted omnipotent power which is akin to royal prerogative power held by a monarch.’ Indeed, it is astounding that such an argument had been made at all, given the established cursus curiae of the Court militating against this reasoning for decades. This testifies to the very bad brief in the hands of the chief law officer. Another ludicrously outdated argument advanced by an intervenient that relief under Article 12 (1) only arises on ‘unequal treatment‘ among the equally circumstanced was dismissed with equal force as a long discarded notion. The Court reminded that an act that is ‘prohibited by the law receives no legitimacy merely because it does not discriminate between people.’

The core of the constitutional dispute was dealt with succinctly. Pronouncing on its ‘sacred duty to uphold the integrity and supremacy of the Constitution’, it was opined that Article 33 (2) (c) describes the manner in which the President is entitled to exercise the power of summoning,
proroguing and dissolving Parliament but the specific manner of the lawful exercise of that power is set out in Article 70(1) through the issuance of a Proclamation.

On a harmonious reading of the constitutional text, Article 70(1) was held to prevail with the result that the President cannot dissolve Parliament during the first four and a half years of its term unless there is a resolution passed by not less than two thirds of the Members of Parliament, including those not present. Consequentially the presidential gazette was ruled as being  in contravention of Article 70 (1) of the Constitution and a violation of the petitioners‘ rights guaranteed under Article 12 (1) of the Constitution.

The reinvention of the beast

This week’ decision of the Court goes beyond a mere clinical discussion of relevant constitutional articles. In particular, its affirmation that the fundamental rights jurisdiction of the Supreme Court is ‘a cornerstone of the sovereignty of the people’ and the Grundnorm of the Constitution follows in line with the revered Kesavananda Bharati articulation of the basic structure of the Indian constitutional document (1973, Supreme Court) several decades ago. That by itself is an exemplar upholding of the Court’s constitutional role.

But the law can only do so much. True, a catastrophe was prevented by intrepid judges who declared that they ‘cannot be motivated by political considerations’ and an undaunted Speaker who faced down vulgar abuse thrown at him in the House. Next time around, the nation might not be that lucky.

Therefore it is the political culture that should be confronted head-on by citizens. Voters should not be asked to choose between unholy characters who threw chillie water in the eyes of policemen guarding Speaker Karu Jayasuriya in the House and multiple stupidities of a select few around Prime Minister Ranil Wickremesinghe taking bad decisions that enrage the populace. These are unenviable alternatives. And if the recent tumultuous happenings are not eminently teachable moments for Sri Lanka, then nothing will suffice.

For this is just one setback for the xenophobic political beast that stalks the land. At each time it is thought that the beast has been fettered, it reinvents itself and returns with force. This we have learnt, time and time again.

It is best not to forget just how close we came to the brink.

Sri Lanka’s Disputed Prime Minister Will Step Down

Mahinda Rajapaksa planned to address the nation on Saturday and relinquish his claim to be Sri Lanka’s prime minister.CreditCreditEranga Jayawardena/Associated Press

 By Maria Abi-Habib and Dharisha Bastians-Dec. 14, 2018

NEW DELHI — Sri Lanka’s political crisis appeared to edge toward a resolution Friday when one of the two men claiming to be the country’s rightful prime minister agreed to step down.

Former President Mahinda Rajapaksa planned to relinquish his claim to be prime minister in an address to the nation on Saturday, according to officials in his party. The current president, Maithripala Sirisena, appointed him as prime minister in late October, but the pair failed to clinch the majority in Parliament needed to secure their power. Mr. Sirisena then dissolved Parliament in November.

On Thursday, Sri Lanka’s Supreme Court ruled that the dissolution of Parliament had been unconstitutional, striking the final blow to Mr. Sirisena’s and Mr. Rajapaksa’s plans to take over the government.

The legally recognized prime minister, Ranil Wickremesinghe, is expected to be sworn in again as premier on Sunday, members of his and Mr. Sirisena’s inner circles said Friday night.

The political upheaval has weakened both the president and Mr. Rajapaksa ahead of a presidential election next year and a general election in 2020. The Rajapaksa family was expected to return to power through both elections, but the turmoil has angered many Sri Lankans and hurt the already fragile economy as the important Christmas tourism season approached. Many tourists canceled their reservations as the political malaise deepened and the national currency shed its value.

Mr. Rajapaksa led the country for 10 years until he lost elections in 2015. During his tenure, Mr. Rajapaksa filled his cabinet with family members, including his three brothers, many of whom are now under investigation on charges of corruption and abuse of power. Mr. Rajapaksa’s rule also brought an end to Sri Lanka’s 26-year civil war, although the government was accused of committing major war crimes to end the conflict, an accusation supported by United Nations inquiries.

“To ensure stability of the nation, Former President @PresRajapaksahas decided to resign from the Premiership tomorrow after an address to the nation,” Namal Rajapaksa, his son and a member of Parliament, wrote on Twitter on Friday evening.

Namal Rajapaksa said his family’s political party would work with Mr. Sirisena’s party to form a broader coalition in Parliament. While Mr. Rajapaksa is expected to renew his demands for an early election in his address on Saturday, the family will probably enter any race with considerably less popular support than it had just seven weeks ago, seen as the chief architects of the recent turmoil.

Members of the Rajapaksa family have admitted privately that the crisis has hurt their electoral chances in urban areas and that they were surprised when they were unable to secure enough votes in Parliament to form a government.

Correction: 

An earlier version of this article misspelled the given name and surname of Sri Lanka’s current president. He is Maithripala Sirisena, not Mathirpala Sirsena.

Sri Lanka: Therfore I’m stepping down

Our pledge to the people

English translation of the text of a speech made by former President and inttaled Prime Minister for less than two months Mahinda Rajapaksa at his Wijerama Mawatharesidence on 15 December 2018.
by Mahinda Rajapaksa -
Most venerable members of the Maha Sangha, Clergymen of all religions,  Parliament, Ministers, and dear friends,
The Supreme Court has delivered a judgement against the holding of the general election that had already been declared. Since that judgement is a long and complicated document, I will study it carefully and in due course express my views on the constitutional impact it will have on the functioning of the parliamentary system of government in this country. Today however, I wish to speak on the political implications of not being able to hold the general election that had already been declared. We are now in direct confrontation with a group of political parties that have continuously engaged in various subterfuges to avoid facing elections. When this group of political parties tried to get the local government elections postponed indefinitely by petitioning courts over the delimitation of wards, we were able to hold the local government election only because the Chairman of the Elections Commission intervened and declared that he would hold elections at least in respect of the local government institutions that had no delimitation issues pending before courts. If not for that intervention, the people would not have got even the local government election.
Elections to provincial councils have been delayed by more than one yearand three months, but no one has any inkling of when those long overdueelections will be held. The law has been manipulated in such a way that thoseelections will be put off  indefinitely. In September 2017, when the Attorney General said that atwo thirds majority will be necessary to pass the law designed to postpone theprovincial council elections, the then government kept Parliament going tillnight time and with great effort, mustered the necessary number of MPs to getthe law passed. So desperate were they, that when some smaller politicalparties said they would not vote for the law unless the proportional representationquota was increased from 40% to 50%, the government agreed to that demand inthe corridors of Parliament so as to get the required number of votes. They hadto perform demeaning contortions to get the provincial council electionspostponed.
The people have now been deprived of the general election that had already been declared. After the President dissolved Parliament on 9 November, the political parties opposed to the election petitioned courts and obtained a stay order on the dissolution and with the cooperation of the UNP Speaker, they engaged in various activities to demonstrate that they had a majority in Parliament. But it was only on 12 December when a resolution was passed expressing confidence in Mr Ranil Wickremasinghe and requesting that he be appointed Prime Minister that the people of the country were able to see the real state of things.
A total of 117 MPs voted calling for Mr Ranil Wickremasinghe to be appointed as Prime Minister. Fourteen of those votes belong to the TNA. Even though the TNA also requested that Mr Ranil Wickremasinghe be appointed Prime Minister, on the same day, TNA Parliamentarian Mavei Senathirajah made a special statement in parliament on behalf of the TNA saying that though they voted for Mr Wickrermasinghe to become Prime Minister, they would not join the government and would remain in the opposition. So what has actually happened here is that the UNP which has a minority of 103 seats, has been taken hostage by the TNA. If they do not adhere to the diktat of the TNA, the UNP minority can lose their parliamentary majority at any moment. The TNA now holds the remote control in Parliament.
On 12 December, even before the Supreme Court judgement was delivered,Mr Ranil Wickremasinghe spoke in Parliament about bringing in a newconstitution. This new constitution has already been drafted and published inthe newspapers as well. Under the provisions of that draft constitution, thiscountry will be divided into nine semi-independent federal units. The newconstitution will also abolish the executive presidency which means that thepresidential election that is due before the 9th December 2019, will not haveto be held. The new constitution will also change the system of electing MPs toParliament which means that the parliamentary election due in 2020 can also be postponed citing delimitation issues the sameway that the provincial council elections have been put off indefinitely. Thatis what they are now preparing for.
The UNP-UPFA coalition that had been formed under Articles 46(4) and 46(5) of the Constitution relating to ‘national governments’, fell apart when the UPFA left the coalition on October 26. Thereafter, a number of UNP parliamentarians joined us and we became the largest group in Parliament. After the general elections of 1994, 2000, 2001, 2004 and 2015, it was always the largest group in Parliament that was invited to form the government as no party obtained a clear majority. In all those instances, the government was formed first, and the working majorities were obtained later.
After we formed a government on 26 October, the President declared a general election. When I was sworn in as Prime Minister on 26 October, that was to form an interim government that would last only for about two months until the conclusion of the general election which was sheduled for the 5th January 2019. A President cannot stand by and do nothing when the whole country was facing destruction at the hands of the people running the government. When the main opposition force which is in effect the alternative government is invited to form an interim government that will last until the conclusion of a general election, such a request cannot be turned down either. Furthermore, a minority government would more than suffice to run things till the conclusion of a general election. We appreciate the difficult and bold decision that the President made on October 26.
What we are confronted with now, is an attempt to rule the country without holding any kind of election. Since a general election can no longer be held, we cannot implement any of the measures we had planned to take to prevent this country from becoming another Greece. The UNP government borrowed 20.7 billion US Dollars in foreign currency loans alone within a period of three and a half years, and we have no idea as to how much more they will borrow in the coming months. The UNP brought our economy to the brink of collapse through such foreign currency borrowings. All that money was borrowed for consumption. We borrowed money to develop the country and that development is visible. But the UNP borrowed money only for consumption. Even though some have expressed the view that it will be possible to minimise the damage done by the UNP because the President is no longer with them, we must realise that there is much that the UNP-TNA coalition can do without informing the President.
We should bear in mind that back in 2002, the then UNP government signed a cease-fire agreement with the LTTE without informing President Chandrika Kumaratunga.
After the 26th October, we were able to reduce the pressure on the people by bringing down the price of fuel and some essential food items and restoring the distribution of school uniform material. We restored the fertilizer subsidy and reduced income taxes on agricultural incomes to encourage agricultural production. We were also able to take certain measures to address the concerns of young professionals in this country over the Sri Lanka – Singapore Free Trade Agreement entered into by the previous government. We suspended the excessive taxes imposed by the previous government. We also managed to prevent several local industries from closing down. Even though a general election will not be held, it must be said that the events that took place after the 26th of October have benefitted the public in other ways.
The most important thing that happened during this period was that the two thirds majority in Parliament that was available to the UNP to be used at will, is now no longer available to them. Therefore it is now possible to prevent the passage of the new constitution that has been drafted by the same individuals who turned this country into an ungovernable mess through the 19th Amendment. Furthermore it has now become possible to end the totalitarian system that prevailed in Parliament over the past four years, with partners of the government taking over the position of opposition leader and chief opposition whip and masquerading as the opposition while supporting the government. As a result of that dangerous perversion, the Constitutional Council which recommends candidates for appointment to high office, was made up of representatives of one political persuasion. Consequently all appointees to high office over the past four years belonged to the same group. The whole country is now suffering the consequences of that situation.
After the February 10 local government election, our aim was to have a general election held. Since I have no intention of remaining as Prime Minister without a general election being held, and in order to not hamper the President in any way, I will resign from the position of Prime Minister and make way for the President to form a new government. When I was sworn in as Prime Minister, on 26 October, a feeling of optimism swept through the country. The All Share Price Index which had declined after 2015, suddenly picked up on expectations of a change of government. The LMD-Nielsen Business Confidence Index recorded the sharpest increase after 2015 in November 2018. Despite the political turmoil in the country after 26 October, tourist arrivals had increased by 16% in November 2018 when compared with the same period in 2017. Those trends which took place despite the political instability in the country after 26 October are a clear indication of what the people’s hopes and aspirations are.
The change of government that the people expected has now had to be put off. But the people will definitely get the change they desire. No one can prevent that. The coming together of the Joint Opposition and the SLFP group that was in the government has now created a power block that commands around 54% of the vote base. To this will have to be added the votes of our allied political parties in the North and East and the hill country. What is now gathering against the enemies of the country is a country wide political force that no one can stop. Our main aim in the immediate future will be to hold the provincial council elections which have already been delayed by more than one year and three months. The main challenge facing us in the interval between now and the formation of a people’s government will be to minimise the damage that can be done by the destructive forces that are now seeking restoration to their former positions. There is no doubt at all that the people who stood by us since 2015, will continue to support us in the future as well. We will bring the forces opposed to the country down to their knees by organising the people.
May the blessings of the Tripple Gem be upon you, God bless you.