Category: Featured Headlines

Appeals Court dismisses petition filed seeking to abolish MP seat of State Minister Diana Gamage

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State Minister of Tourism Diana Gamage will keep her Parliamentary seat after the Court of Appeal ruled in its majority decision that there is no merits in the writ petition which sought an order declaring that she is not qualified to be a Member of Parliament.

Social activist Oshala Herath filed this petition seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as a MP. Oshala Herath told Daily Mirror that he is expecting to file an appeal in the Supreme Court challenging the legality of the Court of Appeal judgment.

With Justice K.K.A.V. Swarnadhipathi agreeing, Justice Nissanka Bandula Karunaratne in his judgment held that the merits of the case do not warrant issuance of a writ order. Justice Karunaratne further observed that the petitioner had filed this petition without complying with the Supreme Court Rules.

“The petitioner does not have an iota of evidence that would substantiate his claims against State Minister Diana Gamage. The petitioner has failed to satisfy the court that he has a statutory right against the State Minister. The petitioner is before this court with an attempt to bring disrepute to the State Minister and tarnishing her good name pursuant to petitioner’s personal agenda. The application of the petitioner is an action of private nature and therefore not governed by any statute of the democratic socialist republic of Sri Lanka. As such the petitioner is not entitled to invoke the writ jurisdiction of this court against the State Minister. The merits of the case do not warrant issuance of a writ order. As such the petitioner’s application was dismissed with cost,” Justice Karunaratne held.

However, in a separate judgment, Justice M.A.R. Marikar held that the petitioner has proved a prima facie (at first view) case against the State Minister as decided in the case of Geetha Kumarasinghe. Justice Marikar said he cannot agree with the findings of the President of Court of Appeal Justice Karunaratne and thereby issued a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as a MP.

“The voters’ expectation is that parliamentarians should be accountable, transparent and their integrity. The petitioner has produced sufficient materials that the State Minister has not obtained Sri Lankan citizenship and not renounced her British citizenship. Being a Parliamentarian, first respondent Diana Gamage should be transparent and should have shown her genuineness with regard to Sri Lankan citizenship. The first respondent has an obligatory right towards the petitioner and the public that she is holding the public office maintained by the taxpayers’ money of the republic. Being a Member of Parliament, the first respondent should be an example in a transparent manner for the public. The duty of the first respondent is to prove her citizenship right rather than challenging the petition,” Justice Marikar observed.

In this case, the petitioner claimed that State Minister Diana Gamage is a British citizen and only a British citizen can hold a British Passport. The petitioner maintained that by virtue of becoming a citizen of another country, Parliamentarian Diana Gamage ceased to be a Sri Lankan citizen. The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka.

The petitioner further said Diana Gamage is disqualified from election as a MP or to sit and vote in Parliament under and in terms of Article 91 read with Article 89 and Article 90 of the Constitution of Sri Lanka.

Counsel Hafeel Farisz appeared for the petitioner. President’s Counsel Shavindra Fernando appeared for Diana Gamage. Farman Cassim PC appeared for SJB General Secretary.

Charge sheets handed over sexual harassing Parliament staff

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Two officials have been handed over charge sheets over sexually harassing female employees in the Housekeeping Department of Parliament.

The charge sheets were handed over last Friday (27) by Deputy Secretary-General of the Parliament – Attorney-At-Law Chaminda Kularatne, based on findings of initial investigations done in this regard.

The two parliament officials were given a 14-day period to show cause. If they fail to do so, they will be sacked from their positions.

(Source : Lankadeepa)

World Bank MD in Kopay to monitor project progress

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A High-Level delegation of the World Bank visited the Kopay Hospital in Jaffna.

The objective of this visit is to monitor the projects implemented under the Primary Healthcare System Strengthening Project, funded the World Bank.

Anna Bjerde, Managing Director for Operations of the World Bank, and a high-level delegation arrived in Sri Lanka on Sunday (29), to monitor the projects implemented under World Bank assistance.

The World Bank delegation also met with the bankers in the Jaffna District.

On Tuesday, they will meet with the president for a roundtable discussion with multilateral financial institutions.

“Everywhere I go, I find inspiration from women entrepreneurs. From the Zumba teacher to the trailblazer breaking barriers in the construction sector, I was energized by their passion & determination.” said Anna Bjerde, Managing Director of Operations, World Bank in a post on the World Bank Sri Lanka Facebook page.

Another post added that the divisional hospital in Kopay, Sri Lanka has been a lifeline to over 16,000 people during the country’s crisis.

For 5 years, World Bank has worked with government to strengthen primary healthcare delivery of more than half of Sri Lanka primary healthcare facilities, it added.

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AKD in US moots adoption of non-aligned foreign policy

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National People’s Party (NPP) leader Anura Kumara Dissanayake yesterday expressed the view that Sri Lanka should embrace a genuinely non-aligned foreign policy in the present global landscape.

“Sri Lanka must transition towards a non-aligned foreign policy that does not align with any specific foreign power,” Dissanayake said.

The NPP leader made these remarks while speaking at an event in Los Angeles as part of his ongoing tour of the US to connect with party supporters and well-wishers.

“No nation can exist in isolation in today’s interconnected world. Global economies and communication are interlinked, and although not officially declared as wars, many powerful countries are engaged in power struggles with each other such as the conflicts between the US, China, India, Russia and Europe,” he noted. “At present, Sri Lanka lacks the potential to emerge as a global power centre,” he added.

The MP noted that due to this situation, it is inevitable that Sri Lanka becomes entangled in these power struggles or becomes a victim of them. Dissanayake emphasised that, as a result, Sri Lanka’s primary foreign policy objective should be to refrain from offering direct or indirect support to any of these feuding foreign powers and adopt a non-aligned foreign policy.

“Whether we like it or not, geographically, we are situated within the Indian power centre. Therefore, we cannot overlook India when deliberating on our political or economic choices,” he said.

“Consequently, we must formulate our economic strategy accordingly. The present economic plan has consistently relied on the same approach since the 1980s, centred on asset sales and acquiring loans. We must make a decisive departure from this course,” he remarked.

The NPP leader said, Sri Lanka should strive to build an economy capable of withstanding all the political and economic crises occurring globally.

Dissanayake is scheduled to visit Boston, Virginia Beach, Washington DC and New York to address Sri Lankans domiciled in the US.

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Wimal accuses India, US of undermining SL relations with China

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National Freedom Front (NFF) leader Wimal Weerawansa, MP has recently warned that the country will have to pay a very heavy price for violating bilateral agreements.

The MP was commenting on the government delaying a scheduled visit by Chinese research vessel due to pressure exerted by external powers. The former Commerce and Industries Minister said so at the Bandaranaike International Airport (BIA) on his return from Beijing where he attended the 3rd Belt and Road Forum for International Cooperation.

The vessel, which was to reach Colombo harbour in the first week of October, arrived here yesterday.MP Weerawansa found fault with India and the US for constantly interfering in Sri Lanka’s bilateral relations with China.

The former JVPer asserted that Sri Lanka couldn’t secure required support from China due to the government routinely giving into Indian and US pressure.Both President Wickremesinghe and MP Weerawansa attended the Beijing forum.

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Snap election in light of political uncertainties?

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The country is likely to be pushed towards a snap general election following the 2024 budget debate in light of the political uncertainties resultant from the minor cabinet reshuffle, reported ‘Deshaya’ newspaper.

Quoting highly-placed political sources, it said the Sri Lanka Podujana Peramuna (SLPP) was having internal talks on boycotting the votes on five selected ministries.

Party strongman S.B. Dissanayake has told the media that they would even be prepared to defeat the budget for next year.

SLPP general secretary Sagara Kariyawasam has publicly criticized the cabinet changes – especially the cabinet and state portfolios for plantation industries being given to the SLFP.

When contacted, UNP general secretary Palitha Range Bandara declined to say what action his party would take if the SLPP decided to leave the government, saying that party has yet to make such an intimation officially.

Attempt to bully SLPP

A meeting of SLPP politicians at the Malalasekara Mawatha home of MP Namal Rajapaksa has discussed certain media reports the government was considering dissolving parliament after the budget’s presentation.

These reports are an organized attempt intended at scaring the SLPP, that incidentally came after backbenchers proposed to defeat the votes of certain ministries, said the participants.

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Escalating Crisis Between President and Sri Lanka Podujana Peramuna Seniors Over Cabinet Reshuffle Ahead of Crucial Budget

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Tensions between President Ranil Wickremesinghe and the Sri Lanka Podujana Peramuna have reached a boiling point, as the failure to appoint senior MPs proposed by the party to ministerial positions and unilateral decisions made by the President during a recent cabinet reshuffle intensify the ongoing crisis.

This internal crisis of the government comes ahead of a curucial budget of which the final vioting will take place in mid-December.

The heart of the issue lies in the unresolved status of prominent Sri Lanka Podujana Peramuna members, including Rohitha Abeygunawardena, SM Chandrasena, Wimalaweera Dissanayake, Janaka Bandara Tennakoon, CB Rathnayake, and SB Dissanayake, who were put forth as ministerial candidates by the party but have yet to secure ministerial appointments. This delay has fueled discontent and heightened divisions within the party.

Furthermore, the crisis has been further exacerbated by President Wickremesinghe’s unexpected alterations to the ministerial positions of senior figures like Keheliya Rambukwella, causing unease and frustration among party members.

In an unexpected turn of events, it has come to light that some senior members within the SLPP faction, who had been hopeful of receiving ministerial positions, have ceased their regular visits to the Battaramulla party office. This move reflects the deepening disillusionment within the party’s ranks.

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Police Yet to Take Action on Sumanarathana Thera Over Threatening Remarks Against Tamils

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The failure of law enforcement to take prompt action against Buddhist monk Ampitiye Sumanarathana Thera for his alleged threatening and hateful comments against Tamils living in the South has ignited a growing outcry from various quarters, raising questions about the police’s inaction.

The Ilankai Tamil Arasu Katchi (ITAK) has submitted a formal letter to the Inspector General of Police (IGP), urgently urging action against Ampitiye Sumanarathana Thera, a Buddhist monk hailing from Batticaloa. The monk has come under scrutiny for his alleged incendiary remarks that have raised concerns about communal harmony in the country. In a video that has sparked outrage, the monk is seen making threats against the Tamil community in the Southern region of Sri Lanka.

The contentious video features Ampitiye Sumanarathana Thera issuing inflammatory statements, including a disturbing threat to cut Tamils living in the South into “pieces.” Such comments are not only offensive but are also deemed to be in violation of international laws, specifically the International Covenant on Civil and Political Rights (ICCPR). The ITAK contends that these statements pose a serious threat to communal harmony and have the potential to incite violence and hatred.

Despite these concerns and the formal complaint lodged by ITAK, the police have yet to take swift action to address the issue, leading to frustration and discontent among those advocating for justice.

TNA MP Shanakiyan Rasamanikkam questioned the police’s inaction, emphasizing the need for consistency in applying the ICCPR laws. He stated, “Action taken or not taken on this matter will show us if the ICCPR Act is only to be used against those opposed to the government, Tamils, and Muslims in Sri Lanka, or if it is against hate speech.”

The delay in addressing this issue has raised concerns about the impartiality and effectiveness of law enforcement in handling cases involving hate speech and threats to communal harmony. As the calls for action against Ampitiye Sumanarathana Thera continue to grow, the situation remains a matter of considerable concern and public interest.

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Several SJB members to join UNP?

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Minister Harin Fernando has accused the Samagi Jana Balawegaya (SJB) of ousting him from the political party over a personal vendetta.

Speaking further in this regard, Fernando revealed that, while he trusts the Supreme Court to give an appropriate verdict in this regard, several members of the SJB are likely to join the United National Party (UNP).

On 18 July, the SJB Working Committee decided to expel Ministers Harin Fernando and Manusha Nanayakkara from the party.

In May 2022, the SJB had suspended the party membership of the two parliamentarians after they had accepted ministerial portfolios in the government while the party had vowed to take disciplinary action against them.

MPs Harin Fernando and Manusha Nanayakkara were sworn in as the Minister of Tourism & Lands and Minister of Labour & Foreign Employment, respectively.

Fernando and Nanayakkara had said they accepted ministerial portfolios in the government under President Gotabaya Rajapaksa to do their utmost to find solutions to the ongoing economic crisis as a positive response was not received from many political party leaders for a collective effort.

They both subsequently resigned from their ministerial portfolios on July 9, 2022 along with the rest of the Cabinet, after then President Gotabaya Rajapaksa informed the Speaker of Parliament that he intends to resign.

However, they were both reappointed to the same ministerial portfolios by incumbent President Ranil Wickremesinghe when he appointed a new Cabinet on July 22, 2022.

Ranil Ready to Rock The Boat?

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The cat is out of the bag. President Ranil Wickremesinghe has said, both the presidential and parliamentary elections, will be held next year. Under the Constitution, the former is due next year, but the parliamentary polls are due only a year later. By combining both, the ‘wily Ranil’, as he is at times known, has served notice on the Rajapaksas’ SLPP under-writer of his government.

The message is this: ‘Either we swim together, or sink together’. Yet, sinking is easier for both under the circumstances. Swimming together is not going to be easy for either camp, not when they are unsure of which way would the elections go, and who would need greater support from the other – when, what, how and how much.

Ahead of the post-war presidential poll, incumbent Mahinda Rajapaksa had the option of advancing the parliamentary poll ahead of his own re-election that the war victory had already sealed for him. The argument was that the party – the parent SLFP-UPFA – at the time needed him more than the other way around.

Mahinda’s personal perception, gleaned from predecessor CBK’s second-term experience was this: A second five-year term is the maximum allowed under the Constitution, and a second-term President becomes a lame-duck the minute he or she gets elected.

Party leaders down the line take no orders from the incumbent, nor do they care for the hierarchy even on formal occasions. They are busy fishing for a new leader in the place of the outgoing one and do not want to hurt the sentiments and sensitivities of that faceless, nameless person, male or female. There is no harm in hurting the other. Maybe, it will fetch you brownie points under the next leader.

Boon or Burden?

Just now, Ranil too, seems to think this way. He knows the limitations of his re-won popularity, thanks to the early-day good work in stabilising the nation’s economy after last year’s disasters. He has not as much succeeded in reviving it. Instead, his government has been taxing the people heavily – or, that is the perception among the public sector employees, whose over-sized numbers are a legion.

Having failed to engineer as many defections from the breakaway SJB, at least thus far, Ranil and the UNP have little choice, but to capitulate before the Rajapaksas, for their SLPP cadre-support to win the presidency in a popular mandate, which he lacks just now. Ahead of it, he will still need the Rajapaksas’ endorsement and support to be the common candidate of both parties. Or, that is the SLPP perception.

Yet, both are in doubt about each other’s popularity and acceptance levels, leaving aside the mutual suspicion that is age-old as parties and personalities. Ranil especially does not know if the Rajapaksas’ support will be a boon or a burden in his re-election bid, given the still simmering public anger in the aftermath of last year’s Aragalaya protests.

Likewise, the Rajapaksas are just now unsure if Ranil’s election as President will rub on them, and if an SLPP-UNP combine could win the parliamentary polls, at least coming as the single largest group with other existing allies of the former. Ranil is possibly keen, not to end up as a run-down President, if the presidential poll comes first and he gets re-elected.

It’s a Catch-22 situation, but neither side knows how to proceed from here. One thing however, seems clear to both of them. They need each other at least for the first of the two elections. How much and how far, neither is sure about.

What if the presidential poll comes first, Ranil wins, and the SLPP requires his popularity to make the grade in the parliamentary elections next? What if the parliamentary polls come first where no one is talking about a repeat SLPP sweep, and it impinges negatively on whatever popularity Ranil is perceived to have?

Mockery of methods

In this background, President Wickremesinghe’s decision to shift SLPP Health Minister Keheliya Rambukwella to the Environment portfolio is as ‘much interesting’ as it is a mockery of set procedures. Not very long ago, Parliament voted out a no-confidence motion against Rambukwella, rather convincingly. The President had backed his minister.

Hence, for him to remove the very same minister from the very same ministry, representing the even otherwise difficult SLPP ally raises questions as to why he did not do it earlier – if his mind too, was with the Opposition’s resolution. Why waste Parliament’s time and scarce public funds when the Opposition’s original demand was only for the President to sack the minister?

According to the Opposition, Minister Rambukwella was inefficient and corrupt, and as a result, the credible public health system in the country had gone for a toss. The President seems to endorse it even if belatedly. How then did he conclude that he would be efficient and incorrupt in the Environment Ministry, which is more complex and complicated, given international conventions and the like?

Naturally, the SLPP is not happy with the change. The Rajapaksas are said to be even unhappier with Wickremesinghe handing over a crisis-ridden Health portfolio to Dr. Ramesh Pathirana, who is already saddled with a complex ministry, in Industries. It is possible that it is an interim arrangement – but that is not the point.

The SLPP is upset as much about the Health portfolio going to a representative of parent SLFP, whose boss and former President Maithripala Sirisena is out to settle whatever scores possible with the Rajapaksas, in whichever way possible, in the twin polls, now due next year. They thus read additional portfolios for an SLFP nominee as Wickremesinghe wooing the party and its boss. They do not seem to conclude that Ranil may after all be wooing the minister, not his party, just as he has succeeded in doing with a few ministerial nominees of the SLPP, earlier.

Challenges, Consequences

The question now is this: Between Ranil and the Rajapaksas, who will blink first, and how – if at all? There is the alternative scenario, where the Rajapaksas can hope to upstage President Wickremesinghe by withdrawing support to his government before he dissolves Parliament under the law to facilitate fresh elections and render them toothless, powerless, as the Ranil camp may presume.

Of course, both face challenges and consequences. By withdrawing support to the ‘Wickremesinghe’ leadership, the Rajapaksas may be committing an electoral hara-kiri of sorts. Or, that is the general belief. But news reports have also been talking about the Rajapaksas, especially Namal from the clan’s third political generation, drawing reasonable crowds wherever he addresses public rallies. It is not necessarily person-centric but time-centric. A year back, ‘pater familias’, Mahinda was either booed or had to turn back when he attempted come-back rallies.

Likewise, by dissolving Parliament and pushing the SLPP out of his electoral scheme, Wickremesinghe may be attempting a political suicide, a second or third or whatever time, in his decades-old political career. Unless of course, there is a hidden writing on the invisible wall: Dump the Rajapaksas and the SLPP, and the UNP and the breakaway SJB can hope to work together, with or without re-merger.

Speculative, it is, yes, but is it not what politics and elections are all about in a democracy – which Sri Lanka still is?

About the Author:

N Sathiya Moorthy is a Policy Analyst and Political Commentator, based in Chennai, India. Email: sathiyam54@nsathiyamoorthy.com

By N Sathiya Moorthy