News
Health Minister sacks SLMC Vice President in controversial move
View(s):- SLMC president says no to other board members’ request to hold special meeting
By Kumudini Hettiarachchi
Health Minister Keheliya Rambukwella this week terminated Prof. Jayantha Jayawardana, Vice President of the Sri Lanka Medical Council (SLMC), on the pretext that “the decision has been taken to reconstitute the Board of the SLMC”.
His removal was the only reconstitution of the SLMC board.
At the time of the removal of Prof. Jayawardana he was also Chairman of its Preliminary Proceedings Committee (PPC) and Audit Committee as well as member of the Management Committee and Legislative Committee.
SLMC President Prof. Vajira H.W. Dissanayake has, meanwhile, declined a call from other board members for a special meeting of the SLMC board in the light of the removal of its Vice President.
He is reported to have said that due to an ongoing court case, matters his colleagues have raised are sub judice.
Writing an email to board members, he says; “I wish to inform you that both Prof. Jayanath (sic) Jayawardena and I (as intervening affected parties in those cases) have argued in favour of the ministers right to appoint and remove minister’s nominees, including the President, in the Council at his/her discretion. This is also the position of the Attorney General.
“I understand that this week in addition to the termination a new appointment has also been made and I informed the registrar to share both letters with all of you,” he adds.
Minister Rambukwella’s sacking of Prof. Jayawardana follows a sacking of then SLMC President Prof. Harendra de Silva and four others by the then Health Minister Pavithra Wanniarachchi in November 2020.
In a legal saga that ensued soon after, Prof. de Silva and the others were reinstated in a Court of Appeal ruling in January this year (2023), only to be ousted once again when SLMC President Prof. Dissanayake who had been appointed in his place and then removed by court order, sought an injunction against Prof. de Silva re-assuming office. The matter is currently in the Supreme Court.
Meanwhile, in a strong statement against the Health Minister’s action, the Association of Medical Specialists (AMS) has stated that if the SLMC is to experience “rapid turnover” of its members, especially holding important positions within the council, it can affect “the continuity and the smooth functioning” of many processes leading to re-examination of certain matters resulting in unacceptable delay in making important decisions.
“It can also affect the independence of the SLMC significantly as the members may not be expressing their views fully and openly as they are not sure of their position in the SLMC,” states the AMS adding that it strongly opposes any attempt to disturb the independence and the autonomy of the SLMC at all times.
AMS statement – Adverse consequences of the removal of appointed council members from the SLMC well before the end of their term
The Sri Lanka Medical Council (SLMC) is a statutory institution established under the Medical Ordinance for the purpose of protecting health care seekers by ensuring the maintenance of academic and professional standards, discipline and ethical practice by health professionals who are registered with it.
Hence, it is paramount to ensure the independence of the SLMC by allowing its members to serve the full term of five years avoiding frequent removals and appointments so that the process of regulation can continue uninterrupted.
Unfortunately, there were occasions in the past where the Minister terminated the appointed members, including a President of the SLMC, before the end of their term which has led to litigation and relevant court proceedings are still on going.
While refraining from commenting on the Minister’s power to remove an appointed member from SLMC before the end of his term, as it is a matter before the courts, the AMS wishes to highlight the adverse consequences which may arise due to such premature removals.
The latest such removal by the Minister is Prof. Jayantha Jayawardana who was terminated within less than a year of his appointment though he is expected to serve full five-year term. Prof. Jayawardana has contributed enormously to the SLMC with his hard work and commitment using his vast experience as a medical academic which includes a chair professorship in obstetrics and gynaecology, past Dean of a medical school and past Director of the Post Graduate Institute of Medicine, University of Colombo.
Prof. Jayawardana was the Vice President of the SLMC at the time of his removal. In addition to his role as the Vice President, he also held several key positions in the SLMC as the Chairman of the Preliminary Proceedings Committee (PPC) which examines the complaints made against the registered practitioners, Chairman of the Audit Committee, a member of the Management Committee and the Legislative Committee.
If the SLMC is to experience “rapid turnover” of its members, especially holding important positions within council, it can certainly affect the continuity and the smooth functioning of many processes leading to re-examination of certain matters resulting in an unacceptable delay in making important decisions.
It can also affect the independence of the SLMC significantly as the members may not be expressing their views fully and openly as they are not sure of their position in the SLMC.
It is important to note that as the head of the Audit Committee Prof. Jayawardana has exposed large payments made from SLMC funds to certain parties recently and there arises a reasonable doubt to link his removal to such revelations.
If there is an allegation against an appointed member, an impartial inquiry has to be conducted where the member concerned should be given an opportunity to express his/her side of the story. Removal without such inquiry is against the principles of natural justice.
We understand that in the letter issued to Prof. Jayawardana terminating his term at the SLMC, a remark was made stating that restructuring of the SLMC is now planned. The question here is why only Prof. Jayawardana was singled out and terminated for this purpose out of other four appointees and the President of the SLMC, all appointed by the Minister of Health, who continue to remain within the SLMC.
The AMS strongly opposes any attempt to disturb the independence and the autonomy of the SLMC at all times. This is especially applicable when Sri Lanka’s health service is grappling with a shortage of medicines, quality issues with drugs and unprecedented shortages of health care professionals.
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