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President, PM vow to continue National Govt. despite friction
View(s):- Sirisena insists there will be no link with the Joint Opposition and declares war on the Rajapaksas
- Ranil also insists UNP should continue to work with the SLFP despite fresh disputes over new Constitution and major projects such as the Hambantota port
By Our Political Editor
President Maithripala Sirisena vowed Tuesday to continue the alliance between the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP).
He told a special meeting of SLFP ministers that he would have no truck with former President Mahinda Rajapaksa or his supporters within the party. These ministers were summoned after the weekly ministerial meeting to be told of his plans for 2017. Sirisena who completes two years in office today, enters the third from tomorrow.
His remarks come as friction between the SLFP and the UNP continued to develop. New issues have cropped up over the proposed Constitutional changes as well as a deal with China for the Hambantota Port. Policy decisions on Tuesday by the SLFP ministers prompted an indefinite postponement of the debate in Parliament on a draft Constitution. It was scheduled from tomorrow till Wednesday. Last Thursday, President Sirisena directed Development Strategies and International Trade Minister Malik Samarawickrema not to sign the Concession Agreement with the Chinese firm, China Merchants Port Holdings Company Limited, on January 7 (yesterday).
However, a day before (on Wednesday) Prime Minister Ranil Wickremesinghe told the UNP Working Committee, the party’s main policy making body, they should turn up in full strength in Kurunegala (on Wednesday afternoon) for the opening of a car assembly plant and in Hambantota on Saturday for the signing ceremonies of the port deal. The assembly plant, contrary to claims by UNPers, it has now turned out, is not from the German car manufacturer Volkswagen. UNPers gathered nevertheless in Hambantota yesterday in what Wickremesinghe alluded in his speech was akin to cornering Rajapaksas in Kurunegala and Hambantota; “like cornering the LTTE, in two of its strongholds.”
Minister Samarawickrema has been the prime mover for the Hambantota Port deal which has drawn strong protests from Ports and Shipping Minister Arjuna Ranatunga. The latter is in charge of the subject as the line minister. He has said there were serious legal issues over the proposed agreement since the Sri Lanka Ports Authority (SLPA) has refused to sign it. In terms of the law, it was a matter vested with the SLPA and a third party cannot represent its interest or sign on its behalf, he has pointed out. Ranatunga also complained to the President that he was being bypassed. Sirisena has declared that all stakeholders should be consulted and the process should be transparent. Protests have also come from influential sections of the Buddhist clergy.
Sirisena’s categorical assertion, however, ended months of speculation about some SLFP ministers making secret overtures to Rajapaksa supporters. Some even made public utterances on the need for unity. What was left unsaid then was a possible offer of a halt to action against the former President or members of his family arising from ongoing investigations. This is if he (Mahinda Rajapaksa) chose to retire from politics. Sirisena charged that Rajapaksa and his family had destroyed the SLFP and added; “we should expose them.” Noting that no one was critical of them now, he urged the SLFP ministers to speak about Rajapaksas’ “wrong doings” in public.
At the UNP’s Working Committee meeting on Wednesday, Premier Wickremesinghe declared that his party should endeavour in the next three years to deliver on the promises made to the people. “Instead of finding fault, the only solution is to work together in the National Government,” he said. That again was a signal that the UNP would remain within the alliance, mounting issues notwithstanding. A group of some 36 UNP parliamentarians met Sirisena on December 30. One of them complained about critical comments by SLFPers against the UNP and urged that it be stopped or the UNP be allowed to form a Government. Sirisena was to ask the MP whether they (UNP) had 113 seats for such a course of action.
Former President Rajapaksa responded to Sirisena’s accusations saying; “the whole Government has turned out to be a failure.” He told the Sunday Times, “There is no economic development. The financial situation is very worrisome. Amidst these mounting failures, the only thing they could do is make the Rajapaksas the scapegoats.” When he was President, Rajapaksa said, he offered China only 750 acres for an industrial park. “China has been very helpful to us but I had to think of our own interests. This Government wants to give 15,000 acres and the people are still unaware of the terms or for what purpose such a vast extent is being divested”, he said. Earlier, Wickremesinghe told his party’s Working Committee that 95 percent of the land to be given to the Chinese belong to the state and only the rest to private parties. Rajapaksa also told the Sunday Times he had received no overtures directly from anyone towards SLFP reconciliation and pledged he would remain in politics.
Sirisena appears irked by strong public criticism from Rajapaksa. The former President declared he would topple the Government this year. Sirisena said Rajapaksa was trying to destroy the SLFP again and had been “autocratic” in his conduct. The fact that he (Rajapaksa) cannot lead the party should be strongly emphasised to the people, Sirisena said. The President was also critical of former Defence Secretary Gotabaya Rajapaksa. He said Gotabaya had been surrounded by some retired Generals of the Army. One Minister was to seize the opportunity to say Gotabaya Rajapaksa had lived in the United States and returned only after Mahinda Rajapaksa was elected President. However, “you have come up from the bottom of the political ladder,” he said pointing his finger at Sirisena.
Minister Nimal Siripala de Silva briefed SLFP ministers on matters related to Constitutional changes. Thereafter, they took some policy decisions on behalf of the SLFP. Among them:
- The unitary status of Sri Lanka should be protected and no changes should be made to that provision.
- There should be no change to provisions in the Constitution with regard to Buddhism.
- There should be no merger of the Northern and Eastern Provinces.
- No referendum should be held for adopting a Constitution. The SLFP is for provisions which require only a two thirds vote in Parliament.
- There should be a full implementation of the 13th Amendment in granting devolution of power.
- Electoral reforms
As revealed in our front page story today, Minister and SLFP General Secretary Duminda Dissanayake came out with a surprise proposal. He said he was doing so no matter whether President Sirisena liked it or not. He said he would also be placing the matter before the SLFP Central Committee for a detailed discussion and endorsement. Dissanayake’s proposal was that the Executive Presidency should not be abolished. Maithripala Sirisena should be the party’s candidate at the 2020 presidential election. Sirisena did not make any comments. The proposal was unanimously accepted. This is a complete turnaround from the campaign that was launched ahead of the presidential election in 2015 to abolish the executive presidency. Abolishing the executive presidency was the rallying point that bound together different political parties and civil society groups spearheaded by Ven. Maduluwawe Sobitha Thera and others who wanted to oust the then Executive President Mahinda Rajapaksa.
For further discussion of Constitutional changes, the SLFP Constitutional Committee met Sirisena at his Paget Road residence on Thursday evening. The members of the Committee are Nimal Siripala de Silva, Sarath Amunugama, Mahinda Samarasinghe, Mahinda Amaraweera, Duminda Dissanayake, Susil Premajayantha, Anura Priyadarshana Yapa, Dilan Perera, Dayasiri Jayasekera and Faiszer Musthapha.
During this meeting which lasted two and a half hours, it was decided that the SLFP Committee on Constitutional matters should meet with leaders of other political parties, civil society organisations, diplomatic missions and the United Nations representatives in Sri Lanka and explain their position. The process is to begin next week.
Earlier on Tuesday morning, at the weekly ministerial meeting, Minister Sarath Amunugama presented the first draft of a Bill to establish Criminal Justice Commissions (CJCs). The aim of the draft law is to “provide for the appointment of the members, to prescribe their powers and procedure, to facilitate the performance of their functions, and to make provision for matters connected with or incidental thereto.” President Sirisena welcomed the move and the ministers decided to unanimously accept it subject to two specific measures. One is to seek the advice of the Attorney General on whether the draft bill was in conflict or otherwise with the Constitution. The second was to ask the Legal Draftsman to knock into further legal shape the first draft. During the discussion, Minister Sarath Fonseka wanted provisions included to deal with “abuse of power.” Such a provision has already been included in the draft even before he raised issue.
Among the matters the CJCs will probe are “offences and or/actionable wrongs in relation to the administration of the Central Bank, public body, local authority or any incorporated company which the Government of Sri Lanka owns or controls 30 per cent or more of the issued share capital.” The draft law has provision for the imposition of civic disabilities if the CJC finds that a person is guilty. It will be done through a resolution of Parliament.
The Sunday Times has obtained a full copy of the 17-page draft Criminal Justice Commissions Act. For significant highlights, please see box story on this page.
A green light from the Attorney General that the proposed draft CJC Act does not contravene the Constitution and a final draft from Legal Draftsman will see the Cabinet of Ministers approving it. Even provisions which are held to contravene the Constitution could be deleted. There is little doubt that the proposed CJC Act will be a strong weapon in Sirisena’s hands particularly when he has not been successful in uniting the SLFP.
Nevertheless, his newly declared war on the Rajapaksas and the SLFPers who support him has somewhat weakened his position in the party further. Added to that is the continuing friction with the UNP. As one Sirisena confidant said, a Cabinet re-shuffle, in the light of this, has become inevitable. This is to shift some ministers whom Sirisena believes have become major irritants with their own agendas. The UNP leadership — and some SLFP ministers are strongly opposed to the move. The UNP does not want their ministers shifted around. Whether the President, now on his third year, will be more decisive and assertive remains the critical question. Otherwise he will be burning his political candle from both ends.
Proposed CJC Act: Those found guilty to be stripped of their civic rights for up to seven years “Establishment of Criminal Justice Commissions (1) Whenever the President is of opinion – (a) that, within a specified period, there have been committed, before or after the date of commencement of this Act, - (i) offence and/or actionable wrongs in relation to the awarding or receiving of government or public tenders, contracts of whatsoever nature including infrastructure projects of a public nature or of national importance (ii) offences and/or actionable wrongs in relation to currency of foreign exchange of such a scale and nature as to endanger the national economy or interest, or (iii) offences and/or actionable wrongs in relation to the administration of the Central Bank, public body, local body, local authority or any incorporated company in which the Government of Sri Lanka own or controls 30% or more of the issued share capital (iv) offences and/or actionable wrongs in relation to corruption or any fraudulent act, misuse or abuse of power in relation to the Central Bank, public body, Provincial Council, local authority or any incorporated company in which the Government of Sri Lanka own or controls 30% or more of the issued share capital A warrant issued under subsection (i) may relate to any period whatsoever including any period before the date of commencement of this Act.
Where a warrant establishing a Commission is issued by the President under the preceding provisions of this section in consequence of his opinion, under such provisions, expressed in the warrant, such opinion and such warrant shall be final and conclusive and shall not be called in to question in any court or tribunal, whether by way of action, application in revision, appeal, writ or otherwise.
(a) may, where any pleader appearing for any person desires to address the Commission upon any question or matter, limit the duration of the address, and in such event require the address to be submitted in writing; “Powers of a Commission (d) notwithstanding any of the provisions of the Evidence Ordinance or of any other written law, to admit any evidence which might be inadmissible in civil or criminal proceedings; (i) to require by written order the manager of any bank in Sri Lanka to produce, as specified in the order, any book or document or the bank containing entries relating to the account of any such person specified in the order as the Commission considers necessary, or to furnish, as so specified, certified copies of such entries; (j) to prohibit by written order the manager of any bank in Ceylon from permitting or allowing the withdrawal of any funds standing to the credit of any account in that bank of any such person specified in the order as the Commission considers necessary, except any such reasonable withdrawal of such funds as may, from time to time, be approved in writing by the Commissions; (k) to require by written order the Commissioner of Inland Revenue or the Controller of Exchange to furnish, as specified in the order, all information available to any such officer relating to the affairs of any such person specified in the order as the Commission considers necessary, and to produce or furnish, as to specified any document or a certified copy of any document relating to such person which is in the possession or under the control of any such officer; (m) to require by written order any such police officer as shall be specified in the order, whether by name or by office, to take all such steps as may be necessary to prevent the departure from Sri Lanka of any such person as shall be so specified, being a person whose evidence may be necessary at any inquiry before the Commission, until such time as such order is revoked by the Commission by a subsequent written order, if any, issued to such officer; (o) To require by written order to any authority or a person working there under to produce any recording of sound, pictures, visuals or anything of such nature or any contemporaneous recording reproduction thereof, which is in the possession or under the control of any such authority of officer as the Commission considers necessary, or to furnish, as so specified, certified copies of such records. (q) The Commission shall have power to call for representations from the public relating to matters within the scope of its terms of reference, whether expressly specified therein or not, and to inquire into and report upon any such representations. “Procedure and practice before a Commission “Tender of pardon
“Imposition of civic disabilities (2) Parliament may upon a Resolution duly passed by not less than two thirds of the whole number of members (including those not present) voting in its favour- “Special provisions applicable to sentences Any finding made, or sentence imposed by a Commission under this Act shall be final and conclusive, and shall not be called in to question in any court or tribunal, whether by way of action, application in revision, appeal, writ or otherwise. “Effect of this Act notwithstanding inconsistencies | |
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