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Laws to be changed to prevent dual citizens from contesting parliament polls
View(s):By Sandun Jayawardana
Election laws will be changed before the next Parliamentary election to compel candidates to submit a sworn affidavit along with their nomination papers to affirm they are not citizens of any other country, Justice Minister Wijeyadasa Rajapakshe told the Sunday Times.
He said this would make it far more difficult for those holding dual citizenship to contest elections because if the matter ended up in court and a candidate was found to have submitted a false declaration, they would be guilty of perjury and could be sentenced to prison.
The 21st Amendment, which was passed by Parliament on October 21, reinstates the prohibition on dual citizens from serving as MPs. The prohibition was first introduced under the 19th Amendment before being repealed through the 20th Amendment. Once 21A becomes law, any citizen would be free to go to court against a sitting MP who they believe holds dual nationality, the minister added.
Unverified reports that as many as 10 MPs in the current Parliament are dual citizens have been circulating over the past few days. The Election Commission (EC) said last week that a prompt decision could not be made whether an MP held dual citizenship or not, and urged such individuals to immediately tender their resignation.
The 21st Amendment is yet to become law as the bill has still not been signed by Speaker Mahinda Yapa Abeywardena.
On Friday, the Speaker told the Sunday Times he had still not received the final version of the bill for ratification. Both the Attorney General and the Legal Draftsman must first sign the bill, which also contains the amendments made at the committee stage.
The removal of any MPs who holds dual citizenship, however, could well be a difficult and drawn-out legal process. Unless such MPs voluntarily step down, the process of removing them will have to be through courts.
EC Chairman Nimal G. Punchihewa noted that the EC had no powers to remove a dual citizen MP. He said the procedure would have to be the same as the one adopted to remove Galle District MP Geetha Kumarasinghe. She was stripped of her MP seat in May 2017 after the Court of Appeal ruled that she could not be an MP under the 19th Amendment as she held dual citizenship. The Supreme Court upheld that ruling in November the same year after Ms Kumarasinghe appealed. The Appeals Court ruling came following a lengthy hearing into a writ petition filed in 2015 by four individuals challenging her election to Parliament.
“It will have to be through the courts — like what happened (with Ms Kumarasinghe). There’s simply no other way. Once the court gives a ruling, we can act accordingly,” the EC chairman stressed.
The main opposition Samagi Jana Balawegaya (SJB), meanwhile, has indicated that it will act to remove MPs within its ranks if they hold dual citizenship. The party has made no attempt to hide that it believes State Minister Diana Gamage, who crossed over to the government from the SJB during the vote on the 20th Amendment, is a dual citizen. Ms Gamage denies the accusation.
SJB General Secretary Ranjith Madduma Bandara pointed out that the Colombo Chief Magistrate’s Court had already issued notice to the Criminal Investigation Department (CID) to appear in court next month after it failed to report the progress of an investigation into allegation that Ms Gamage held dual citizenship. That investigation relates to a complaint made two years ago alleging that the State Minister, while being a British citizen, had submitted false information to the Controller of Immigration and Emigration and obtained two passports.
“That court case is ongoing. We will consider our options once the amendment becomes law,” the SJB General Secretary said.
The SJB would also remain vigilant over any attempt by the government to staff the Independent Commissions with “political stooges” through 21A, Mr Madduma Bandara said. He claimed there were already such persons in several commissions. Likewise, attempts to remove present commission chairpersons and members who acted independently without bowing to political pressure would also be resisted, he added.
The present chairpersons and Independent Commission members will cease to hold office upon the enactment of the 21st Amendment.
Mr Madduma Bandara claimed it would not be easy for the government to make arbitrary appointments to Independent Commissions through the Constitutional Council (CC) as the opposition leader and other opposition party members would also be in the CC.
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