PM
moves to control President's Fund
Prime Minister Ranil Wickremesinghe has appointed a three-member
committee to study changing the President's Fund and Development
Lotteries Board (DLB) laws in what appears to be a move to impose
the supremacy of Parliament over the Executive Presidency in the
developing constitutional crisis following last week's attempt by
President Chandrika Kumaratunga to take over the DLB and the UNF
Government's moves to stall the move.
The three-member
committee is to comprise Ministers K. N. Choksy, Tilak Marapana
and Sri Lankan Airlines chairman Daya Pelpola who have been asked
to study methods by which to place controls on how the President's
Fund could disburse monies obtained through the development lottery.
The UNF-PA standoff has been defused by the intervening Vesak holidays
and the Prime Minister's visit to India over the weekend.
The Mass Communications
Minister and the Government Printer are to ask the Attorney General
for a copy of his unsolicited opinion on the Development Lottery
takeover issue as the constitutional crisis was gearing to surface
after the Vesak holidays.
Both Minister
Imthiaz Bakeer Markar, who countermanded the Presidential directive
to print the gazette notification giving legal effect for the takeover
of the lottery from Economic Reforms Minister Milinda Moragoda and
Government Printer Neville Nanayakkara confirmed that they would
ask for the AG's opinion.
The UNF government
says the printing of a gazette is compulsory to give legal effect
to any Presidential directive of this nature. Attorney General K.C.
Kamalasabeyson has opined that the President ought to have consulted
the Prime Minister before she proceeded to takeover the lottery
-- an opinion the President says she never asked for.
Legal sources
however told The SundayTimes that despite the AG's opinion to the
President, the Government Printer may still be obliged to carry
out the President's instructions because he was obliged to do.
The question,
however, arises whether the Government Printer is obliged to carry
out an illegal or un-constitutional order, when he knows that the
AG has given an opinion that the President must consult the Prime
Minister when effecting such changes of ministerial functions.
The President's
decision to takeover the DLB remains unchanged. DLB Chairman J.K.
Fernando declined to comment citing legal advise. |