Priority: Make elections free, fair and just

Mr. Nimal G. Punchihewa, Chairman of the Election Commission stated that according to the Local Authorities Elections Ordinance the commission will have the authority to conduct the elections after September 30. Therefore, the commission intends holding the elections before March 20.

 The Local Government Elections were postponed by a year, by the minister who is entitled to do so only once. The commission, according to him, would select a date in February 2023 for the polls. The chairman believes that no power including the Executive President can prevent him from doing so.

A ‘system change’ should begin by first addressing the weak clauses in the Election Act, and identify areas that need amendments as the Chairman of EC dealt with in detail. He spoke on introduction of new election acts for all four types for making elections free, fair and just

Punchihewa, the learned Chairman, admitted that under the present election laws and procedures one cannot expect a free and fair outcome of any election, and only those who campaign with plenty of money and highly corrupt can win. He further stated that the LG election held in 2018 elected 8,600 members [a stupid decision to amend the Act enhancing the number of members elected from 4000 odd to 8,600] at a cost of around Rs.4,000 million and that the cost of the next election would be double that–running into little over Rs. 8 Billion! If the laws are not adequate for making them free and fair, why waste billions of funds that could be diverted to provide a square meal for the poor and starving school children? Can we afford to allocate funds for another set of rogues to get elected instead of the present lot at an election that the Chairman is going to conduct under flawed regulations and allow the corrupt to rob more from the very voters who vote them; especially at this juncture, when people are struggling to make ends meet living in a bankrupt state?

In Chapter XIV; of the Constitution of the Democratic Socialist Republic of Sri Lanka, Under --Election Commission, Sec 103. (2) Says, The object of the Commission shall be to conduct free and fair elections and Referenda.

The people expected an all-party interim rule, where the burning issues that affect their lives would be addressed on priority for finding alternative short and medium term solutions, and once  the situation improves, continue the process introducing necessary system changes through constitutional amendments, including the scrapping of Executive Presidency and empowering a more democratic people’s representative form of governance. A workable long-term economic recovery plan that includes restructuring of all State run enterprises, [dens of thieves] irrespective of the fact that they are profit or loss making is imperative. The arguments put forward by some Trade Union leaders, who, in most cases are retired employees drawing lucrative benefits out of union funds, and think the management must run the administration according to the whims and fancies of TUs, that a profit making national “assets” should not be restructured or privatized. Their argument does not hold water, for generating profits alone is no assurance of an efficient running of a business. If IOC can gain profits by billions running 100 Fuel pumping stations, Ceylon Petroleum Corporation should be able to generate double that being owners of over two hundred fuel distribution centres by them.

AG reported a 9 billion loss on Hedging Deal

Under, a Rajapaksa relative and former cricketer, in 2008, CPC lost heavily; and in 2011, the writer experienced a terrible mishap after pumping petrol on his way to office. I could proceed only a few kilometres from the petrol station, when the car stalled and all attempts to restart failed. At the agent’ garage in Wattala, it was established that sub-standard petrol was the cause. A poor quality fuel shipment resulted in thousands of vehicles stranded on the road and needing costly repairs.

The then Petroleum Minister Premajayantha admitted that 20,000 metric tons of petrol imported were of sub-standard and CPC had ordered it from a company in the UAE which was not listed with the CPC. The corporation being a loss making entity, the treasury had to shoulder the compensation bill as well. Even though I carried with me all certified documents for the claim, I received shoddy treatment at the hands of some irresponsible staff before collecting the cheque reimbursing part of the repair cost.  

Grave crime?

A ‘system change’ should begin by first addressing the weak clauses in the Election Act, and identify areas that need amendments as the Chairman of EC dealt with in detail. He spoke on introduction of new election acts for all four types for making elections free, fair and just. A solid legislative consensus among all stake holders in Parliament must be reached to prevent dragging on the process causing further delays in holding polls.  The obvious first step is the Multi Party Interim Government for which all political parties [albeit ruling SLPP], religious dignitaries, civil activist groups had been clamoring for since the July 9th mass uprising. Regrettably, the age old battle for wrest control of administrative powers have resurfaced in the political field leading to selfish clashes by parties and alliances, that strive either to remain in or gain power. All major political parties pretended to be in favour of an all-party interim set up, but none were genuinely interested.

Speaking at the celebration of the International Day of Democracy under the theme “Democracy Under Strain - Solutions for a changing world”; held a few days ago in Colombo, Chairman, Nimal Punchihewa, Attorney-at-Law, said evaluating past experience and the behaviour of campaign leaders of elections, Sri Lanka’s electoral system is extremely corrupt.  The   Commission, according to him has no powers to thwart corrupt persons from being nominated in an election.

 Candidates who spend a huge amount of money always had a better chance of winning over the poor honest candidates. The corrupt spend money through various people and they in turn help those who have financed the campaign, with contracts. The Chairman confessed that a major shortcoming is that the Commission has neither the resources nor powers to monitor or control the expenditure of candidates, and also in imposing controls on mainstream media as well as Social media’s roles during an election.  He also spoke on lack of space for youth representation in the nomination lists. Speaking further, he lamented that more than half a million will not get a chance to cast their vote due to absence of facilities to vote by mail. Another sector that misses vote is the large numbers of expatriate workers. However, he disclosed his plans to introduce new legislation focusing on above drawbacks and corruption at future elections.

All concerned must give their unstinted support to the Chairman of the Commission in implementing the proposed reforms and agitate not early elections, but for proper conduct of the elections as specified in the Sec 103. (2) “The object of the Commission shall be to conduct free and fair elections and Referenda”

Writer can be contacted at - [email protected]