22 August 2022 12:01 am Views - 1063
The Galle Face saga is not over:Minister Prasanna Ranatunga, a close ally of the Rajapaksas, pretends to know little about the Bribery Act though, paradoxically, he quotes the UDA Act
Who will sue him for damages caused to the livelihoods of all, by corruption and mismanagement?
Tinkering a Constitution
As a compliment to the confidence placed in Gotabaya Rajapaksa they provided him with the 20 A that practically gave him unregulated supremacy over the Prime Minister and the legislature. The framers, the cabinet of ministers and the150-strong government benches unanimously sanctioned the proposed amendment. People believed that Gotabaya, fresh and uncontaminated by traditional politics, would be different from other leaders and truly take national interests in priority; where the past leaders failed miserably in resurrecting the country to the trail of self-sustenance.
19A produced an elected President and a government which, in spite of the unprecedented unity between the traditional rivals [UNP/SLFP], could not replace the Police Chief who was accused of disregard, neglect of duty causing the Easter Sunday carnage that shattered the nation killing over 260 people. Further, the 19 A excluded the Executive’s Defence portfolio. The Constitutional Council’s choice of Police head was faulty. If not for the Supreme Court’s ruling crossing out several sections of the draft of the Amendment there was a possibility of more major disasters occurring, as a result of numerous trimming and insertions done over the years.
The half-baked Constitution- with 20 amendments introduced by selfish and autocratic rulers with the help of boot-licking ‘people’s representatives- resulted in utter chaos, at times creating two heads with equal or similar powers, who would naturally end up at loggerheads with conflicting thoughts. However, the 19 A brought about crucial changes—R2I and limits on legal immunity of the Executive; it reduced the number of terms to two, and six-year term of rule to five, Independent commissions, though, particularly the Police Commission had let down the nation. Dr Jayampathy Wickremaratne, the chief architect of it, admitted that unintended disastrous ‘power sharing by the two at the helm’ under the 19A caused Parliament’s disrespect of Supreme Court’s verdict on holding a referendum.
Next, the 20 A, a potentially hazardous draft, was passed in 2020 by the Rajapaksas taking away all the democratic sections initiated with the 19A. Some of the MPs who voted for the 19A, had voted in favour of the 20A as well; most dishonourable offenders being the SLPP/SLFPers. The scrapping of the Constitutional Council (CC) and its replacement by a Parliamentary Council; the removal of Audit Services Commission and National Procurement Commission were the most annoying features in the 20A. They, who went with the flow, not saying anything that might unsettle the boss, but raised their hands in unison, under the established notion, ‘all the acolytes should be obedient to the powers vested by the ‘King’ [the executive president]’, are now regretting their past acts; the disgruntled men divided into several units, meet regularly, discuss “their” future, and tell the media, to convey us their plans for “our” future.
The error had to be corrected, no doubt, but the 20 A was not the answer. Then, there was a committee appointed to draft a new Constitution, similar to the existing committee headed by a respected senior lawyer. A new draft incorporating the democratic sections of the old and all the Amendments, if successfully instituted, it is unlikely that conflicts of above nature would crop up between the two heads, the President and Prime Minister. The 20 A, was expected to reverse the “negatives” of the19A. Appointments to Supreme Courts directly by incumbent and exemption of the Presidential Secretariat and the PM’s Office from Audit, appointments to National Procurement Commission, immunity applicable to the post of EP were some of the unacceptable features of the 20A. A future President with a weak government can abuse these powers to the detriment of an independent democratic set up. Now another Amendment is being contemplated.
Encouraging news
Central Bank Governor Dr. Nandalal Weerasinghe says that he is already yielding the preferred results of many initiatives taken and the harshness of the scarcity of Dollars had narrowed making supply of energy and medicines possible. This is undoubtedly a very healthy and positive development. He added that talks with the IMF are progressing well with a delegation visiting the island at the end August to arrive at a staff-level agreement. He was confident that once we sign an agreement with them, the position will improve further.
The scrapping of the Constitutional Council (CC) and its replacement by a Parliamentary Council; the removal of Audit Services Commission and National Procurement Commission were the most annoying features in the 20A
No criticism of Government: SJB seniors
It seems that the top brains in the SJB, like, Dr. Harsha, Eran and Kabir Hashim have made a decision and would default the party leader and align with the President, their former boss, in pushing the country through the economic crisis. Patriotism is of supreme importance, not politics, party, race, or religion, to rescue the suffering masses. A united effort by all; ‘United we stand, divided, we die.’
Yes it is obligatory at the moment; it’s very sensible now to all to forget politics and pull the country out of this crisis situation. It’s not a matter of who is at the helm, Ranil, the Rajapaksas or a Premadasa; think of the people, providing a way out of burning issues the country is facing. Get the nation out of the swamp. People are watching all politicos and waiting for a system change—hoping for a new era with, trustworthy, uncorrupted rulers to govern. Apart from the above three names, there are a handful of competent legislators, although the House is inundated with contemptible men on both sides, who have little to give to the forward march other than make their lives comfortable. Strengthen Ranil, so, he can without restraint realise his plans for restructuring the money losing white elephants, the so called state enterprises—at this crucial moment, only he can handle the catastrophic economic crisis and bring things back to normalcy. Should we continue with half-baked amendments or go for a, once and for all fresh People’s Document. After developing the economy, accept and install [un-truncated, at the whims and fancy of treacherous and selfish men] a comprehensive draft Constitution. Charles de Gaulle said, ‘Politics is too serious a matter to be left to the politicians.’
Elections ONLY under a new constitution “by the People” that can constrict politicians. A constitution that impedes, regulates, control and keep them within the model.
(The writer can be contacted at – kksperera1@gmail.com)