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Ahead of last Wednesday’s weekly meeting of ministers; President Maithripala Sirisena was locked in conversation with Prime Minister Ranil Wickremesinghe. After he handed over a document, Wickremesinghe was poring over it.

Later, the duo arrived for the ministerial meeting which is conducted in the refurbished Well of the former Parliament and now Presidential Secretariat. It was there that Sirisena announced the contents to the ministers. Those were the findings of the three-judge bench of the Supreme Court on petitions before it over the Bill titled 19th Amendment to the Constitution. The SC held that some key provisions required approval at a referendum since they were entrenched clauses. The bench headed by Chief Justice K. Sripavan included Justices Chandra Ekanayake and Priyasath Dep.

When the ministerial meeting ended, leaders of political parties represented in the Cabinet of Ministers took the lift to the upper floor for a meeting with President Sirisena. It so happened that Premier Wickremesinghe who earlier sought to have some of the impugned provisions in the Bill enshrined in the Constitution and Minister Patali Champika Ranawaka, General Secretary of the Jathika Hela Urumaya (JHU) who was opposed, were ascending together in the same lift. “Looks like even the Supreme Court is on the side of the JHU,” quipped Wickremesinghe to Ranawaka. The latter later told his party members about the humorous remarks. Lawyers representing the JHU contested the UNP-backed positions before the Supreme Court.

Sirisena, who chaired the meeting, first gave details of the SC order. Those gathered heard Wickremesinghe say he would exclude provisions that required a referendum and move the remaining constitutional amendments. Sirisena was in agreement and declared that the SC ruling should be followed. He said the amendments which did not require referendum should be debated to a finish in the House on April 20. He would thereafter dissolve Parliament, he added. Sirisena expressed disappointment that a section of the SLFP parliamentarians had voted against a motion by Finance Minister Ravi Karunanayake to increase the threshold on the borrowing limit for Treasury Bills to Rs. 400 billion. “There is no point in dragging this on. Parliament has to be dissolved. Then they will all fall in line,” declared Sirisena.

Diplomatic community confused
Other than at closed door events, Sirisena has not been commenting publicly on key political issues confronting his Presidency and the Government. The fact that he had maintained stoic silence on matters relating to 19A had been a talking point not only in political circles but also in the Colombo-based diplomatic community. As a result, they were unable to discern which statement or utterances from Government leaders represented official policy and which did not. In the diplomatic circles in particular, there were concerns over what they perceive as a drift towards instability and lack of governance. That it came from parties that campaigned at the January 8 presidential elections on the main plank of “good governance” was cause for worry for them.

The point was underscored by Foreign Minister Mangala Samaraweera at the Wednesday night meeting. He said the Sri Lanka Embassy in Washington DC had reported on the possibility of an early visit to Sri Lanka by US Secretary of State John Kerry. In addition it also indicated that there were prospects of even a visit by President Barrack Obama. These were not only the outcome of a regime change at the presidential election in January. A return to democracy with constitutional changes, good governance and the planned parliamentary elections were major contributory factors that were encouraging these visits. Sri Lanka Muslim Congress (SLMC) leader and Urban Development Minister Rauff Hakeem proposed that President Sirisena makes the first speech when 19A is tabled in Parliament. He said this would be a good start to garner support for the passage of the amendment.

Hakeem has also been pushing for a tie up between the UNP and the SLFP for the next parliamentary elections. He has proposed that the two parties, like during the presidential election, work out arrangements to contest under a common symbol like the Swan. Though not on the same lines, a similar proposal to contest on the Swan symbol was also made earlier this month by Finance Minister Karunanayake at a meeting of the UNP Working Committee. He argued that the party would have an advantage. In terms of Hakeem’s proposal, discussed by him first with Sirisena during a visit to China where he was a member of the official entourage, there should be an electoral arrangement on how the two parties would contest seats.

Taking part in the Wednesday night discussions were: UNP – Premier Wickremesinghe, Foreign Minister Mangala Samaraweera and Highways and Investment Promotion Minister Kabir Hashim; SLFP: Nimal Siripala de Silva SLMC: Rauff Hakeem TNA: Rajavarothayam Sampanthan and M.A. Sumanthiran ACPP: Rishad Bathiuddin; JVP Anura Kumara Dissanayake and Vijitha Herath.

Foreign Minister Samaraweera is one of those who said the proposal should be further studied. Whether the SLFP, which Sirisena has begun to lose control of, would be receptive to such a proposal remains a critical question. His grip on the SLFP has been lessening by the week. The first shock came when party members defeated the motion to increase the Treasury Bill threshold. Then came a petition to the Speaker signed by 66 parliamentarians urging the recognition of Mahajana Eksath Peramuna (MEP) leader Dinesh Gunawardena as the Leader of the Opposition. The fact that a formidable faction was now backing Gunawardena, a strong campaigner for former President Mahinda Rajapaksa’s return to politics, was certainly not good news for Sirisena. On top of that, news reached the President that Rajapaksa loyalists have now launched a grassroots level campaign to drum up support countrywide. On Friday, Tamil National Alliance (TNA) leader Rajavarothayam Sampanthan handed over a letter to Speaker Chamal Rajapaksa claiming that the post of Leader of the Opposition should be for the TNA. He said, “….the Government today is composed of both the UPFA and the UNP, disentitling both of those parties from occupying the seat of the Leader of the Opposition. No member of parliament elected from the UPFA or the UNP can be the Leader of the Opposition. This clearly is the legal position as well as one that accords with parliamentary tradition, both of our country and the Commonwealth. The resultant position is that it is the ITAK that is entitled to the post of the Leader of the Opposition, having 14 members of parliament. The DNA has 7 members, one of whom is also a Cabinet Minister now.”

Views of Parliament Secretary General
On Thursday, party leaders met Speaker Chamal Rajapaksa to discuss the business before the House in the coming days. Representing the SLFP were Opposition Leader Nimal Siripala de Silva and UPFA General Secretary Susil Premajayantha. The latter, contrary to Sirisena’s assertion for a one day debate to a finish on constitutional amendments, urged that two days be allocated. That was accepted. It would be on April 20 and 21. It was at this meeting that some important aspects relating to the upcoming two-day debate surfaced. The first reading of the 19A Bill is already over with its presentation in Parliament. It was Parliament Secretary General Dhammika Dassanayake who revealed an important aspect. He expressed the view that the second reading would require a two thirds vote for the Bill to pass without any amendments. However, the voting that follows during the third reading or Committee stage (where amendments are moved) would require only a simple majority. This is where the Bill comes up for approval clause by clause. Though these were not expressly stated in the Constitution or the Standing Orders, it has remained the convention. Amendments from different parties to 19A are to be received by the Secretary General of Parliament until 11 a.m. on April 20. In addition, representatives of political parties will meet Speaker Chamal Rajapaksa at 11 a.m. on April 21 (whilst the debate is under way) to discuss matters relating to the final vote.

Whether the planned dissolution of Parliament and early elections would be the end of his woes from dissidents within the SLFP is an important question for Sirisena. On the one hand, he may feel that such dissidents could be deprived of nominations and replaced. Yet, that would isolate him from the party old guard. On the other, it is the very fear of nominations being denied that has driven some to the Mahinda Rajapaksa camp. Notwithstanding repeated accusations during the presidential poll campaign that some of these parliamentarians were corrupt or were bribe takers, little substantive action has followed with the Government being in office for 94 days until today. The stock answer from the UNP leadership has been that the law should take its course. This is despite investigating agencies having found substantial evidence in respect of some important cases. It is under these circumstances that Rajapaksa is seeking to emerge as Prime Ministerial candidate. Sources close to the former President say he has not ruled out the formation of a new political alliance should he be denied a place in the SLFP.

It is in this backdrop that President Sirisena has been somewhat forced to make his own views on the current political happenings public. He told a gathering at the National Education College at Pulathisipura in Polonnaruwa this week that 19A would be presented to Parliament on April 21 and that Parliament would be dissolved after its passage into law. He is of course keeping by the time table set out by his coalition partners — to dissolve in early May (possibly May 5) and conduct polls in late June (possibly June 27). Whether the new political developments will make it possible remains a question. However, Sirisena did not say what happens if the House does not pass the 19A due to the lack of a two third vote. The question looms large particularly in the wake of the insistence by SLFP parliamentarians that electoral reforms should be introduced at the same time as the 19A. Otherwise some have refused to take part in the debate.

Electoral reforms formed the subject of discussion at an hour-long SLFP parliamentary group meeting held in the Parliament complex. It was chaired by President Sirisena who agreed that both the constitutional changes as well as electoral reforms should be introduced together in the 19th Amendment. A four-member committee headed by Opposition Leader de Silva has been tasked to formulate the electoral reforms to be incorporated in the 19th Amendment. Other members are Mahinda Samarasinghe, Dilan Perera and G.L. Peiris. Samarasinghe and Perera are in the Government. The Committee members met with the Commissioner of Elections on Friday evening for a discussion. The Commissioner held the view that reforms leading to the creation of 250 seats in Parliament could be worked out within two months. That input will be a highlight of the reform package the SLFP is formulating. The SLFP wants to bring electoral reforms as part of 19A during the Committee Stage. The constitutionality of the provisions will thus be determined only by a representative of the Attorney General, as is the usual procedure. He will be present in Parliament.

Of course, with some 113 MPs who are supporting them, its passage with a simple majority would be quite easy for the SLFP. Besides the UNP’s some 40 MPs, at least six SLFPers are known to want to join their fold. Yet, the numbers would be hardly sufficient even if the 26 parliamentarians who have accepted portfolios vote in favour. Moreover those who have accepted Deputy and State Ministerial positions complain that no subjects have still been assigned to them. As one witty senior UNPer remarked, whichever way the reforms go ‘Maithri’ is the winner. “If the 19A bill is not passed, he will continue to enjoy the presidential powers. If it is passed with the trimmed powers and an electoral reform which the SLFP likes is introduced, that is also a credit for him. He is now with his party,” he remarked. On the other hand, he added, the UNP’s contributory efforts in the 19A have been minimised.

Disappointment for the UNP
It is the absence of consensus among coalition partners that led to the inclusion of a provision by UNP national leader Premier Wickremesinghe. That was to set up a Commission on Electoral Reforms. Such a body was to be tasked to undertake such reforms within two months bearing in mind the contours worked out by partners of the coalition. It is with the exception of the SLFP whose representatives were not present when the decision was taken. This includes a provision that the number of seats in Parliament should not exceed 250. Now that the SLFPers want to come up with their set of electoral reforms, by virtue of their majority in Parliament and with the President their party leader, they have wrested control of the parliamentary agenda. Premier Wickremesinghe’s recommendations would have to be now dropped. The move means that most of the constitutional changes the party sought have either been rejected by the Supreme Court on grounds that they require a two thirds vote and a referendum, or would be stymied at the Committee stage by the SLFP’s own amendments.

JHU General Secretary and Minister Patali Champika Ranawaka declared at a news conference on Friday that his party also wanted the constitutional changes and the electoral reforms introduced together. He said, “The electoral reforms are very important. We should take a policy decision regarding these reforms. This needs to be changed during this period. The Commissioner of Elections has made certain proposals. Based on these proposals we should take a policy decision. We should not stick to the traditional slogans political parties have been holding on to. The Commissioner has made four different proposals. We should select one of them. Therefore, for the sake of the country we should bring the 19th Amendment, in keeping with the Supreme Court ruling….”

It was no doubt disappointment for the UNP-dominated Government that provisions the UNP sought to include in the Constitution were dismissed by the Supreme Court on the grounds that they require a referendum. The SC held that “permitting the Prime Minister to exercise Executive power in relation to the six paragraphs” dealing with the Executive “had to be struck down as being in excess of authority and violative of ” Article 3 of the Constitution”. This article says that “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. The sovereignty includes the power of government, fundamental rights and the franchise.”

The six paragraphs referred to are:
The Prime Minister shall be the head of the Cabinet of Ministers (42 -3)
The Prime Minister shall determine the number of Ministers of the Cabinet of Ministers, and the Ministries and the assignment of subjects and functions to such Ministers (43 – 1)
The Prime Minister may at any time change the assignment of subjects and functions and recommend to the President changes in the composition of the Cabinet of Ministers. Such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament.(43 – 3)
The Prime Minister shall determine the subjects and functions which are to be assigned to Ministers appointed, and the Ministries, if any, which are to be in charge of, such Ministers. (44 – 2)
The Prime Minister may at any time change any assignment made. (44 – 3)
At the request of the Prime Minister, any Minister of the Cabinet of Ministers may by Notification published in the Gazette, delegate to any Minister who is not a member of the Cabinet of Ministers, any power or duty pertaining to any subject or function assigned to such Cabinet Minister, or any power or duty conferred or imposed on him or her by any written law, and it shall be lawful for such other Minister to exercise and perform any power or duty delegated notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on such Minister of the Cabinet of Ministers. (44 – 5)

Another clause which the SC held violates the Constitution is the appointment of a Competent Authority (Clause 26) to monitor state or private broadcasting networks that contravene regulations issued by the proposed Election Commission. This clause makes provision for the “takeover” of such ventures until the conclusion of an election. The SC held that “The Election Commission has been vested with untrammelled power and the eligibility and suitability of the members would be of paramount consideration in the public interest. There does not appear to be a mechanism where an aggrieved citizen could impugn and challenge an appointment of a Competent Authority that is not fitting. We are therefore of the view that the functions of the Competent Authority would directly affect and have a bearing on the franchise of the people and the process of selection of the representatives of people which has a direct nexus to the exercise of the sovereignty of the People.” Hence, the SC said that this Clause violates the Constitution and therefore has to be approved by a Referendum.

Objections were raised on that provision by stakeholders before 19A was presented to the SC, but the Government was in no mood to listen. Other provisions which the SC has said could be approved with a two thirds vote includes amendments relating to right to information, reducing the term of office of the President, placing a two-term limit on a person holding office as President, provision of an acting President, instances where Presidential immunity will not apply and provisions relating to the Independent Commissions (to be appointed based on the recommendations of the Constitutional Council).

Despite the Supreme Court ruling Premier Wickremesinghe was upbeat. “We will seek a mandate from the people, when we go for parliamentary elections, to set up a connstituent assembly to formulate a new Constitution. It will seek to replace the presidential system with a Prime Minister,” he told the Sunday Times. He is now sharing his time between official responsibilities and party headquarters Siri Kotha making preparations for the upcoming polls. This includes the appointment of party organisers, identifying prospective candidates and strengthening grassroots level organisations.

Presidential election abuses
It is amidst an impending parliamentary election that more details of abuses and irregularities at the January presidential election are now emerging. A shocking revelation is how the assets of Sri Lanka Air Force (SLAF) were allegedly used like a local taxi service by former President Mahinda Rajapaksa, his family members and a few onetime ministers during the presidential election campaign. Helicopters and fixed wing aircraft were allegedly used and abused at their will and pleasure. At the end of it all, no payments have been made to the SLAF for these flights. The costs of these flights, an SLAF source said, would run into millions of rupees which the taxpayers would have to meet. The source said all the costing had been done from the point from which the aircraft or helicopter took off until it returned to the same location. In the case of helicopters, they left the SLAF base in Ratmalana and often landed in Colombo to pick up the VVIPs and VIPs. “Our costing procedure includes the point of origin, locations visited and the return to where the flight took off from,” said the source who did not wish to be identified. He is barred from officially talking to the media.

Former President Mahinda Rajapaksa used different types of helicopters and Chinese built Y-12 passenger transport aircraft on 71 flights during the period December 1, 2014 to January 9, 2015. All these flights, barring the last, were to take part in election rallies though a few were linked to official engagements. Of course, one might argue these flights were enjoyed by a serving President since he is also the Minister of Defence and Commander-in-Chief of the armed forces. Yet, the question remains whether it was both ethical and fair when his rival Maithripala Sirisena was not permitted to use the SLAF assets. Yet, there were others who were not entitled to this privilege but have taken free rides on SLAF helicopters. One such case is Namal Rajapaksa, MP.

Others included, former ministers Basil Rajapaksa, Wimal Weerawansa, Susil Premjayantha, North Western Province Chief Minister Dayasiri Jayasekera, and a person identified only as S. Manamendra who went on an unpaid Bell 412 helicopter flight from Ratmalana to Colombo, Ginigathhena, Colombo and return to Ratmalana. There were also SLAF flights used by the then first lady, Shiranthi Rajapaksa, for which payments have not been made. One such flight on December 12 last year, shocking enough, was from Ratmalana to Maharagama and back, not more than five kilometres.

Namal Rajapaksa, the son of former President Rajapaksa, made 25 flights during this period. SLAF records seen by the Sunday Times confirm that no payments for these flights had been made until yesterday. As the Parliament is set to debate the 19A next week, there is little doubt that dissolution will not be on April 23 – the deadline set by the UNP. Of course, the UNP has agreed to allow a short extension. However, UNP leaders feel the longer it takes the worst it would be for the party politically. With many pledges made during the presidential election campaign yet unfulfilled, both the Presidency and the UNP-dominated Government have come in for strong public criticism. Even if he is finding it difficult to control the SLFP parliamentarians, President Sirisena sits pretty. He will enjoy more powers than what he thought when he was elected. But the prospects of a rapid re-emergence of Mahinda Rajapaksa, plotting and planning his next move, should remain a worry for the incumbent President as he gradually loses his grip on his MPs.

SLAF Harbin Y-12 Abuse of SLAF: Sky was the limit for the Rajapaksa family; millions not paid The Sri Lanka Air Force is yet to receive payments for flights offered to members of former President Mahinda Rajapaksa’s family and former Ministers of his Government. The rates were charged from the point of departure of the aircraft/helicopter from the SLAF base in Ratmalana. Until yesterday the SLAF has not received any payments for these flights. Here are some of those who took the flights: Namal Rajapaksa – MP December 1, 2014 – SLAF Bell 412 helicopter to fly from Ratmalana to Colombo, Mattala and return to Ratmalana. December 3, 2014 – SLAF Bell 412 helicopter to fly from Ratmalana to Koggala, Tangalle, Colombo and return to Ratmalana. December 7, 2014 – SLAF Bell 412 helicopter to fly from Ratmalana to Colombo, Tangalle, Wellawaya, Hambantota, Colombo and return to Ratmalana. December 9, 2014 – Harbin Y 12 transport aircraft – to fly from Ratmalana to Mattala, Bandaranaike International Airport and return to Ratmalana. December 11, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Ratnapura, Kandy, Colombo and return to Ratmalana. December 12, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Hambantota, Wellawaya, Hambantota, Koggala, Bandaranaike International Airport and return to Ratmalana. December 14, 2014 – Harbin Y 12 transport aircraft to fly from Ratmalana to Katunayake, Anuradhapura, Bandaranaike International Airport and return to Ratmalana. December 15, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Ratnapura and return to Ratmalana. December 16, 2014 – Harbin Y 12 transport aircraft to fly from Ratmalana, Mattala, and return to Ratmalana. December 17, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Palavi, Mannar, Colombo and return to Ratmalana. December 21, 2014 – Harbin Y 12 transport aircraft from Ratmalana, Vavuniya and return to Ratmalana. December 22, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Galgamuwa and return to Ratmalana. December 24, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Tangalle, Koggala, Tangalle, Colombo and return to Ratmalana. December 25, 2014- Y12 Harbin transport aircraft from Ratmalana to Ampara. December 26, 2014 – Y12 Harbin transport aircraft to fly from Ampara and return via Katunayake to Ratmalana. December 27, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Deraniyagala and return to Ratmalana. January 1, 2015 – Bell 412 to fly from Ratmalana to Koggala, Tangalle, Kurunegala and return to Ratmalana. January 2, 2015 – Bell 212 helicopter to fly from Hingurakgoda to Kekirawa, Aralaganwila and return to Hingurakgoda. January 4, 2015 – Harbin Y 12 transport aircraft to fly from Ratmalana to Kankesanthurai (Jaffna), Mattala and return to Ratmalana. January 5, 2015 – Bell 412 helicopter to fly from Ratmalana to Wirawila, Makandura, Colombo, Kaduwela, Nattandiya and return to Ratmalana. January 6, 2015 – Bell 412 helicopter to fly from Ratmalana to Colombo, Medamulana, Koggala and return to Ratmalana. January 6, 2015 – Harbin Y 12 transport aircraft to fly from Ratmalana to Mattala and Anuradhapura. Night Stop. January 7 2015 – Harbin Y 12 transport aircraft to fly from Anuradhapura, Wellawaya and return to Ratmalana. Basil Rajapaksa, former Minister of Economic Development December 13, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Kurunegala, Kegalle and return to Ratmalana. December 15, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Ratnapura, Colombo and return to Ratmalana. December 16, 2014 – Mi- 17 helicopter to fly from Ratmalana to Colombo, Vavuniya, Jaffna and Palaly. December 16, 2014 – Harbin transport aircraft Y 12 to fly from Ratmalana to Palaly and return to Ratmalana. December 17, 2014 – Bell 412 helicopter – to fly from Ratmalana to Colombo, Wennappuwa, Colombo and return to Ratmalana. December 18, 2014 – Bell 412 helicopter – to fly from Ratmalana to Colombo, Matale, Colombo and return to Ratmalana. January 8 2015 – Bell 412 helicopter – to fly from Ratmalana to Colombo, Medamulana, Koggala, Medamulana, Colombo and return to Ratmalana. SLAF Bell 412 Former first lady Shiranthi Rajapaksa December 7, 2014 – Mi-17 helicopter from Colombo to Matale, Pallekele, Kandy and return to Ratmalana. December 8, 2014 – Mi-17 helicopter from Colombo to Kandy and return to Colombo. December 10, 2014 – Mi-17 helicopter from Ratmalana to Maharagama and return to Ratmalana. December 12, 2014 – Mi-17 helicopter from Tangalle to Colombo January 2, 2015 – Mi-17 helicopter to fly from Ratmalana to Colombo, Naula and return to Ratmalana. January 3, 2015 – Mi-17 helicopter to fly from Ratmalana to Badulla, Colombo and return to Ratmalana. January 4, 2015 – Mi-17 helicopter to fly from Colombo to Kurunegala and return to Colombo. Wimal Weerawansa, former Minister of Housing and Construction December 20, 2014 – Harbin Y 12 transport aircraft to fly from Ratmalana, Ampara and return to Ampara. December 21, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, Moneragala, Wellawaya, Buttala and Koggala and return to Ratmalana. December 21, 2014 – Harbin Y 12 from Ratmalana to fly to Koggala and return to Ratmalana. January 1, 2015 – Bell 412 helicopter to fly from Ratmalana to Colombo, Kandy, Colombo and return to Ratmalana. January 2, 2015 – Bell 412 helicopter to fly from Ratmalana to Kandy, Kantale, Sigiriya and return to Ratmalana. January 2 2015 – Harbin Y 12 transport aircraft from Ratmalana to Hingurakgoda and return to Ratmalana. January 5 2015 – Mi 17 transport helicopter to fly from Ratmalana to Colombo, Wirawila, Matara, Ambalangoda, Matugama and return to Ratmalana. Susil Premajayantha, former Minister of Environment and Renewable Energy December 30, 2014 – Bell 412 helicopter to fly from Ratmalana to Colombo, China Bay, Kantale, Valachchenai and Hingurakgoda. Night stop. December 31, 2014 – Bell 412 helicopter to fly from Hingurakgoda to Ampara, Colombo and return to Ratmalana. January 2, 2015 – Mi-17 helicopter to fly from Ratmalana to Colombo, Palaly, Jaffna, Vavuniya, Mannar and return to Colombo.