Letters to the Editor
View(s):National List MPs: Why these manoeuvres?
The manner of filling vacancies of 29 National List MPs out of the 225 MPs in Parliament of the recognised political parties and independent groups contesting the General Elections has become quite farcical. It is also a violation of the democratic rights of the voter.
Firstly, under Article 99A of the Constitution of Sri Lanka, the Commissioner General of Elections is enjoined to gazette prior to the election, the list of persons qualified to be elected as National List Members of Parliament submitted by the respective political parties and independent groups who are contesting the elections. After the election, the Commissioner General of Elections under this same Article 99A apportions the 29 National List MPs as per the proportion of votes received by each respective political party or independent group.
The Secretary of the recognised political party or group leader of such independent groups who are entitled to National List seats thus apportioned, then has to nominate the allotted number of National List MPs to the Elections Commissioner within one week of notice. This is done from the already gazetted list of persons qualified to be elected as National List Members of Parliament.
The purposive intent of gazetting the list of qualified persons to be appointed as National List MPs prior to the elections is for the voter to know who the National List nominees of the respective parties are. If there are unsuitable or disreputable nominees in the National List thus gazetted, then the voter has the option of not voting for that particular party.
However, this principle is completely annulled when it comes to filling vacancies of National List MPs. When a seat of a member of Parliament declared appointed under Article 99A of the Constitution becomes vacant, then the Secretary General of Parliament informs the Elections Commissioner General who shall then require the Secretary of the recognized political party or group leader of the independent group to which the member who vacated the seat belonged to nominate a member of such party or group to fill the vacancy (Elections Special Provisions) Act (No: 35 1988) Sec. 6 Amendment of Sec. 64 of the principal enactment). In practice this Amendment has been used to fill the vacancies from outside the list published in the gazette of qualified persons to be appointed as National List MPs. This has resulted in cheating the voter of his legitimate expectations since the whole purpose of publishing /gazetting such lists is for him to be aware of the qualified persons put forward by the parties as National List Members.
This backdoor operation of introducing any Tom, Dick or Harry outside the already gazetted schedule of National List nominees makes a mockery of the Elections Commissioner’s action of publishing the same. Even when the number and specified persons are not exhausted, but still available for nomination, how is it that when vacancies occur, these are cast aside and entirely new persons from the outside are nominated and appointed as National List MPs? The ludicrousness of the whole exercise is that those National List MPs manipulated to resign in favour of filling so called vacancies are merely puppets to make way for fresh appointments that are contrary to the original practice and regulatory process of appointing National List MPs.
Isn’t it a fact then that what is enjoined upon the Commissioner General of Elections when appointing National List MPs under the Constitution Article 99A is then turned upside down by another amendment to the Elections Act when it comes to appointments for filling up vacancies of the same? This gives any political party or independent group the opportunity to exploit to their advantage the open-ended amendment to the Elections Special Provisions Act No:35 of 1988 Sec.6.
Surely, when there is any ambiguity, lacuna or contradiction under Article 99A of the Constitution and the Elections Commission Act with regard to filling vacancies of National List MPs being nominated, it should be the responsible task of the Commissioner General of Elections to seek to rectify the same with the necessary authorities?
K.L.L. Wijeratne Kotte
A crisis for a new dawn!
So, a nation in crisis has realised the need to act! When the so-called leaders have collectively failed the people’s needs, an uprising of this magnitude should be expected. Politicians in Sri Lanka consider themselves all mighty and above the law. Now, realising their folly for electing such politicians, the people themselves have taken their struggle not only into the streets but also into the world.
Isn’t it time to accept this change?
Throughout history, movements that promoted change have been driven by passionate leaders. Whether it was women’s suffrage, the civil rights movement, the gay rights movement, or resistance against apartheid, strength and dedication marked the efforts of these leaders. The movement that we now see in Sri Lanka is a spontaneous uprising of a nation continuously failed by consecutive governments. All politically ambitious politicians who came into power have considered themselves as the ultimate rulers and fooled and failed their subjects for too long. They have created distrust and antipathy among ethnic and religious groups that lived together for generations in harmony.
This time, people of all classes, races and religions have shown their capacity and strength to stand up for social change. This is a movement driven by hunger and necessity. At present, all those issues based on class, ethnicity and religion had become less important to the current political and economic crises fuelled by rising unemployment, the ever rising cost of living, an acute shortage of consumer items, commodities, medicine and the ever-increasing foreign debt that burdens many generations of the present and yet to be born. So, what’s wrong with the masses coming out of their houses to protest in a peaceful way? Many revolutions had been inspired by the needs of the masses. The French Revolution of 1789 was fuelled by a combination of social, political and economic factors. The Black Power Movement, for example, was a revolutionary movement of the 1960s and ’70s based on centuries of deprivation and discrimination. In more recent times, George Floyd’s murder in Minneapolis in May 2020 sparked one of the largest racial justice protests in the United States and other parts of the world, showing that people’s rights are not to be toyed with.
If a government that came into power to mitigate the burning issues of its people based on promises of progress, stability and security, is unable to provide even the basic human needs of the people, are they meant to suffer in silence? For how long?
This new wave in Sri Lanka has no leaders. It is where the majority feel the need for change. Their demands show a common ideology and a desire for a changed Sri Lanka. A change that should cleanse the whole political system, the politicised institutions and the present political culture. People’s belief that all 225 parliamentarians should leave gives the strongest message of how they despise politicians of all colours and parties. Their unrehearsed slogans, some even hilarious, are indicative of a collective rejection of this corrupt political culture. They chant, sing, dance, share and care. That alone is an indication of an evolving society. But has not that message been conveyed yet?
Without giving solutions to the burning issues of the masses, the government is engaged in its small-minded power games as usual. The other parties are engaged in fiery debates. The duty of all to the country is to make a genuine effort to clear up the mess they have created.
People want a change through non-violence. So, let them have it.
Savithri Jayasinghe Cooray Melbourne
Constitutional avenues to remove the President
How could we get out from the perilous situation the country is in at present, by removing the present governing party, as there seems to be no constitutional avenues open to hold Parliamentary and Presidential elections in a short period has been discussed in many fora.
In Sri Lanka’s Constitution chapter VII is on the subject of ‘The Executive – The President of Sri Lanka’. In this chapter clause 38 (2) (a) says that any member of Parliament, with a view to remove the President from office may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President has been guilty of among others, treason, and misconduct or corruption involving the abuse of powers.
Could not the above provisions be used to achieve the objective? Do not, at least two actions effected by the President come under these involving the abuse of powers – immediate stoppage of fertilisers which led to a massive food shortage and pardoning of a convicted murderer and appointing him as a chairman of a state institution?
D. Ranaweera Via email
The seen and unseen deals that could spell ruination for generations to come
The Government has gone ahead very fast with various types of deals with other countries. Of those some come to light and some do not. What we have the chance to see too cannot be taken as the authentic ones.
Although political parties except the Podu Jana Peramuna and the people are for chasing away the governing clan, constitutionally it is not possible with the status quo. The only way out would be, if there are any decent and sincere MPs who still sit with the governing party, for them to cross over. If it happens right now the Opposition would be able to stop at least to a certain extent the disastrous journey on which the country is forced to go. Otherwise, those deals which could be irrevocable would stand forever like a Nelum Kuluna even for the generations to come.
S.K. Muthukumara Via email
Govt turns blind eye to deaths occurring in queues
While deaths from COVID-17 are gradually decreasing, now there is another threat to the lives of the general public especially senior citizens. These are the deaths occurring at the queues while waiting to obtain gas and other essentials. Up to now seven deaths have been reported.
There is no response from the Government side on these deaths. Not one of the rulers has expressed sympathy or responsibility for these deaths. The people’s anger is increasing day by day and it is very sad to hear their cries on the present situation especially about the rising price of essential food items and other necessities. We can’t expect an immediate solution for these burning issues from the government side.
The government should take immediate action in order to rescue the general public who are suffering from these issues.
C.D.J.Weerasena Boralesgamuwa
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