In
Sri Lanka very few people remember with gratitude the politicians of the calibre
of U.B. Wanninayake, M.D. Banda and Forester Obeysekera . These politicians had
one common trait. They were absolutely honourable people. U.B. Wanninayake
refused to give a certificate to his own son when he went for an interview at
the Central Bank. At the time Wanninayake was the Minister of Finance. M.D.
Banda till his death had a rickety old car to go about. He refused to spend
Government funds to get electricity to his ancestral home unless the Government
was prepared to supply electricity to the entire village. Mr. Forester
Obeysekera, refused to give a character certificate to the son of his chief
supporter and told him that it will be against his conscience to give a
character certificate to his supporter’s son as he had not known him. These
politicians spent their money and served the country. In the process they lost
their wealth. If these politicians lived today, they would be the objects of
ridicule and would never win an election, as honesty and principles associated
with it have become the object of ridicule in the polity of Sri Lanka.
S.W.R.D. Bandaranaike appointed the famous Thalgodapitiya Commission. The stalwarts in his Cabinet were found guilty of bribery by the Thalgodapitiya Commission. One of those who were found guilty was Mr. Monnekulame. Monekulame later contested the Kurunegala seat.
He campaigned and told the people that he was a people’s candidate and took small ‘santhosams’ for the work he did. ‘If you go to a doctor or a proctor a fee has to be paid’ he remonstrated. “I am not like the present Members who get lakhs in commissions.” And to the great joy of all politicians who supported the cause of Monnekulame, and in turn supported corruption Monnekulame won the Kurunegala seat.
V.A. Sugathadasa of the UNP was one of the most popular UNP Ministers. Even when the UNP got routed at the elections he won his seat with a large majority. There was a Parliamentary Commission to go into the deals that the opposition alleged against him. He was exonerated and won his seat at every election. When JR contested the 1977 elections, one among the important election pledges he gave to the people was to eradicate corruption from his Government. He pledged that the ‘Dharmishta’ era that would be established by him would be free of corruption and punish the corrupt. At that time the SLFP Ministers and Members were so corrupt that there were allegations that they used to take bribes even as low as fifty rupees. It was said that most teacher appointments were given in Rest Houses. The people were so angry at these revelations that they gave JRJ five sixth power in the Parliament
JR soon got into business. He obtained undated letters of resignations from MPs and stifled them. In order to keep the Members of the Cabinet from opposing his rule he collected material about the corrupt activities of his Ministers and filed them. It is said that whenever he found that a particular Minister was becoming too big for his boots, he used to summon the Minister and place the relevant file in front of him. This sent shivers down the spinal cord of the Minister. No one opposed JR.
JR did not oppose corruption. It is also said that some Ministers in turn collected information about JR and kept them in files. What contained in these files was made known to the President. There were serious allegations of corruption against most of the important Ministers of J.R Jayewardene’s Cabinet. It was a give and take policy. As long as the boat was not overturned, everybody had a great time. Anura Daniel was arrested at the Airport when he smuggled gold bars to the country.
Rohana Wijeweera made this his main election campaign against the UNP. His sister contested the same seat and the chief campaigner was Anura Daniel. Miss Daniel defeated her rival of the SLFP with a huge majority.
The Impeachment Motion contained very serious allegations of corruption against the late President Premadasa. Premadasa and the others who supported him made equally strong allegations against Lalith and Gamini who were responsible for bringing the Impeachment Motion. It is said that one of the main reasons for bringing the impeachment motion was the fact that President Premadasa was a nosey parker investigating allegations against Members. Former Police Commissioner Lawrence was in charge of a unit to investigate corrupt activities of the UNP. The Impeachment Motion failed and similarly allegations against the former UNP Ministers were never proved. There were talks of apple orchards in Australia. Bank accounts in Swiss Banks. There was the Airbus scam, the Argentine Ship scam and Trade scam and Mahaweli Scam. Mr. D.B. Wijetunga’s period was the shortest and the most corrupt in recent history. The very first act Mr. D.B. Wijetunga did was to disband the Special Unit under Mr. Lawrence. It is said that there was a wealth of information about the corrupt activities of some members of the UNP. Mr. D.B. Wijetunga thereafter removed Mrs. Nelum Gamage, who was the Bribery Commissioner at that time.
The reason for her removal was that she was inquiring into serious allegations of corruption concerning a VIP who had imported a limousine into the country. It is said that money was collected and stored in gunny bags. The State banks were ordered to give millions away without collateral security. The people who had no wealth became millionaires overnight. As the UNP never investigated these allegations the opposition made the famous election slogan “Dooshanaya and Beeshanaya.” The opposition cried foul of these alleged misdeeds, and carried out an effective campaign to educate the people. They projected themselves as true messiah of the people.
This Government came with the same promise that its predecessors had given to the people. The eradication of corruption was one of the carrots that was dangled before the masses. The masses wanted to believe that these promises were true. In Chandrika they saw a completely new face, unlike Mrs. Bandaranaike who had ruled the country and was responsible for the chaotic economic situation which compelled the masses to eat from dust bins to stave off starvation. Chandrika was different. Her charming smile which was seen on every wall in the country gave a new sense of hope and joy to the people who had been told that she would stop the great rip-off which went on for the last seventeen years. She said in her own inimitable style, that those who engaged in corrupt activities will be brought to the Galle Face Green and punished. After three years Galle Face Green has been denuded with grass and is said to be in a state of redevelopment for the past so many years. Clearly the people wanted a change.
But what happened? If there was a collection of scandals and allegations of corruption that have been levelled against this Government for the last three years, I believe all the pages of ‘The Sunday Times’ would not be sufficient to expose them.
If one opens any one of the independent newspapers, nearly every other day there is some scandal somewhere. On every Sunday these scandals get wider coverage. Recently Mrs. Albright, the US State Secretary had accused the Government of corruption. There are talks about the sale of the QEQ pier to the P&O, the locomotive deal. It has become impossible even if you possess a photographic memory to recount these sordid affairs. But the Government like the previous UNP government, goes on merrily and no one is interested until the new election comes. The Ministers are having a jolly good time. No one seem to care.
Much was expected of the Bribery & Corruption Commission. But the Bribery and Corruption Commission has not produced a single Member of Parliament of the government or a Minister in Court. The conclusion is that either the US Secretary of State and the editors of newspapers who expose these acts of corruption must be in a state of frenzy and must be suffering from schizophrenia, or that the Bribery & Corruption Commission does not want to impartially investigate the matters concerning the corruption of the government. Otherwise, can any reasonable person give an explanation as to why the Bribery & Corruption Commission has failed to produce a single Parliamentarian of the Government in Court.
The International Monetary Fund has found out the reason for the fall of the Asian Tiger economies. It was mainly due to corruption of politicians in the region.
The African states are virtually in a state of underdevelopment as politicians are corrupt to the core. It is my contention that Sri Lanka, India and Pakistan have failed to develop in the manner it should develop as the Governments have been corrupt. The Governments in our sub continent have got into dire financial straits due to the robbery and plunder of the politicians who have been ruling these countries.
The people should always expect that any politician whether in the government or in the opposition would become corrupt. The temptations are so great that with immunity and power at their disposal, they would yield to such temptations. Those who move for a vote of no confidence against the Government in power alleging corruption will be as corrupt or more corrupt when in power as those who are in Government. The public should refuse to believe that the champions of clean Government and anti-corruption would remain so when in power.
History has repeatedly shown that the very people who talk about corruption when in the opposition are the same who will resort to the worst kind of graft when in power.
Therefore as a nation, it is in the interest of the people to fight politicians irrespective of their party allegiances to make them accountable to some authority. The people should be in a position to expose the politician not only through newspapers, some mechanism must be available to them to complain against corruption to some authority without fear of repercussion.
If Democracy is to be preserved in this country, we must evolve a consensus amongst all politicians to root out corruption. If any political party is sincerely interested in exorciating the demon called political corruption, then they must in unanimity agree that a Bribery & Corruption Commission or a Special Presidential Commission cannot grapple with this problem.
In India and in Pakistan an attempt has been made to minimise this situation. The Supreme Court of India and Pakistan has expanded the scope of public interest litigation and inquire into allegations of corrupt practices of politicians. Narsimha Rao and Mrs Benazir Bhutto were thrown out of power due to the action of the Supreme Court. Even in Sri Lanka, the only institution that has won the admiration of all right thinking people and the only institution that has acted as a bulwark against government sponsored terrorism directed against its opponents is the Supreme Court.
The Constitution may be suitably amended by making any politician accountable not only to the electorate but to an independent body which ought to be vested with the power to punish the corrupt. The only independent body that could constitutionally and legally take the responsibility of such an onerous task is the Supreme Court.
If the government and the opposition are true and sincere, then they must agree to permit the constitution to be suitably amended to enable the citizens to petition the Supreme Court.
Thus any member of the public should be able to petition the Supreme Court with the necessary evidence to invoke the jurisdiction of the Supreme Court to inquire into allegations of corruption. The Supreme Court must have a special investigation unit divorced from the main Government and must be completely autonomous even in the recruitment of investigation officers.
Once a member of the public files a petition in the Supreme Court, and if the Supreme Court decides that there is a prima facie case established against any member of Parliament or a Minister the Supreme Court should hear and determine such acts of corruption and the punishment must be that he should be removed from Parliament forthwith.
If there are petitions against the Prime Minister as the Head of State not only for corruption but abuse of power, then the Supreme Court must be in a position to decide and recommend to the President or the Speaker depending on what powers they hold for the dissolution of Parliament and the holding of fresh elections.
In Pakistan President Legari haphazardly decided that Mrs. Bhutto’s Government was corrupt and that she had abused the power as Prime Minister and had interfered with the Judiciary.
The President decided to dissolve the Government. Mrs Bhutto filed a rights petition challenging the verdict of the President. The Supreme Court decided in favour of the President and the President called for elections. Mrs. Bhuto was defeated at the elections in a manner in which no other Government was defeated in Pakistan. The inherent weakness in the provisions of the Constitution of Pakistan is that the President of Pakistan wields too much power, and this was clearly shown by subsequent events which followed which even divided the Supreme Court. This is because too much of power was vested in one person.
It tends to corrupt him and make him a dictator, but the decision either to punish a Member of Parliament or a Minister or to dissolve a Government on corruption, abuse of power or interference with the Judiciary depends on the decision of the majority of the Supreme Court and not in the hands of one individual, then this problem could be minimised.
This will be the only salvation for the people of Sri Lanka against inherently corrupt, arrogant politicians who consistently without any qualms abuse the very people that put them to power. The sovereignty of the people demands that those in power become accountable to some other body which is apolitical. Otherwise we are doomed whether the present Government, the opposition or some messiah comes into power.
The President should not have any power to appoint Judges. The Judicial Service Commission should have absolute power to appoint Judges to the original Courts and the Supreme Court headed by the Chief Justice should have the sole power of appointing Judges to the High Court.
Once a Judge becomes a Judge of the High Court he will have continuity in office unless he is removed for disciplinary or any other reason. The Supreme Court under the new Constitution should make every effort to recruit Judges who had no political connections and the Supreme Court should consistently monitor the activities of Judges so that absolute independence and impartiality would be maintained.
This may not be an absolute panacea for all ills in the country, but this will make politicians endeavour to become honest as they have an immediate authority to whom the public will have a right to petition. The accountability is the key word.
This country cannot afford to continue the present phase of corruption which has become an endemic cancer and permit it to grow until it kills everyone that touches it. The revolution of the JVP and the present war in the North could have been averted if politicians became accountable to some authority and not only to the people at a subsequent election. With the present culture of rigging elections, will not express the will of the people.
Something very very interesting will happen if ever these provisions become law in this country. Those persons who sold their land and their vehicles to become Members of Parliament and became millionaires will become non existent. There would be a dearth of politicians, as only honourable persons with a genuine and sincere interest in the people will contest the elections. We may again witness politicians of the calibre of C.W.W. Kananangara, M. D. Banda and U.B. Wanninayake amongst us. They would become true servants of the people.
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