6th October  2002, Volume 9, Issue 12

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POLITICS

Exploding the cohabitation myth

By Suranimala

WITH D-day for the debate on the 19th Amendment to the constitution fast approaching, President Chandrika Kumaratunga has launched an offensive against the prime minister, finally sealing the fate of cohabitation between the executive and the legislature.

That President Kumaratunga was out to sabotage the peace process was obvious from the outset and proof of it came with the out coup document, which Matara District MP, Mangala Samaraweera clumsily misplaced, and which found its way to the media.

Boomerang

Apart from such manoeuvres, the president time and again sought to upset the apple cart by firing salvos to Prime Minister Ranil Wickremesinghe and Defence Minister Tilak Marapone on issues relating to the peace process with the intention of whipping up public emotion, which unfortunately for her had little impact.

With nothing working, Kumaratunga last week pulled out what she probably thought was a rabbit out of her hat in the form of a bribery allegation against Wickremesinghe, only to find the issue boomerang.

For ministers of the calibre of Ravi Karunanayake, Rajitha Senaratne, S.B., Dissanayake, G.L. Peiris and the like, the president's statement was a virtual godsend, for it finally drove home the point to the prime minister that any plans of cohabitation with Kumaratunga was nothing short of lunacy.

If Prime Minister Wickremesinghe earned anything in his political career spanning over 25 years, it was a reputation of being Mr. Clean in his financial dealings and the president's bribery charge in that context no doubt hit him in the gut and was understandably furious. More so, coming from a president whose reputation when it came to issues of corruption was equivalent to that of a skunk.

It will be recalled that the CEO of Evans International in 1997 in writing accused President Kumaratunga of dishonest practices and rather than sue the man, the government paid the company nearly Rs. 20 million in exchange of the allegation being withdrawn.

And mind you, in this instance her allegation was that Rs. 25,000 was solicited from her to admit son Vimukthi to Royal College and her refusal saw the son being deprived of admission.

Thus, it finally dawned on the prime minister last week that try as he might to work towards cohabitation by even stalling investigations into the president's activities for the purpose of getting Kumaratunga's support for the peace process, she was out to rock the boat.

The president no doubt was also feeling that time was running out for her with the 19th Amendment coming up for debate this month, effectively curtailing her powers if successful and forcing an election on her if unsuccessful.

Therefore, desperate situations called for desperate measures and a clearly rattled president's response was to accuse the prime minister of soliciting a bribe of Rs. 25,000 some 15 years back.

It is in the backdrop of this statement reaching the public domain that the pre-cabinet meeting got underway at Temple Trees on Wednesday, October 2, with the prime minister himself in a belligerent mood, clearly irked and vexed at the president's allegation.

It was also not lost on the prime minister that just the previous week, in Pilimatalawe, Kumaratunga had lambasted the entire Wickremesinghe/Wijewardene family, casting serious aspersions on their integrity.

Thus, after the agenda for the cabinet meeting to follow was gone through with, Commerce Minister Ravi Karunanayake decided to bell the cat.

Target

Said Karunanayake: "See what the president has said now. She has made allegations against many of us but this allegation against the prime minister is totally unacceptable. You have always spoken out against character assassination and now she is directly targeting you under cover of her immunity."

The minister went on to say it has been proven time and again the president's behaviour does not match her thinking and proceeded to produce a newspaper dated January 19, wherein the president is quoted as saying she cannot work with the UNP.

"Despite such statements and provocative actions of the president, you wanted to cohabit. Today it is proven she has a plan of her own. You have to respond to this diabolical allegation," Karunanayake told the prime minister.

And respond the prime minister did, having already dispatched letters of demand calling for a retraction and an apology from all media organisations that gave publicity to Kumaratunga's statement.

The prime minister told his ministers, the president's statement was a tissue of lies aimed at provoking him to call off cohabitation and sabotage the peace process due to sheer  envy over its success.

"When she applied to admit her son to Royal College, she was not living at the address stated in the application. She had furnished false information in her application. When the authorities checked and found the falsity of the application, the appeal board too rejected the application. She then approached President J.R. Jayewardene and he was trying to help at that stage. We were trying to help her at the time because she was helping the UNP by breaking up the SLFP. That is why our government had also given her a liquor licence," the prime minister said.

Continuing, Wickremesinghe said he asked Kumaratunga at that stage to apply to D.S. Senanayake College but that she did not do so.

"Then President Jayewardene agreed to give a presidential order to put Vimukthi Kumaratunga to Royal College. At that time, Vijaya was killed and Chandrika left the country with her children. There was nothing I could do to help because of the false information in her application," the prime minister said.

Liar

Added the prime minister: "Since the president has immunity, there is nothing I can do about the Rs. 25,000 allegation but I have asked the media to retract the false allegation. Effectively, in so doing, the media would be calling her a liar."

The prime minister also said in such circumstances, it was extremely difficult to work on cohabitation and asked the ministers what they thought he should do next.

Responded Karunanayake: "Cohabitation has failed miserably. We can cohabit with the PA but not the president. She has been working from day one to destabilise the government. Some of her officials are still there helping her to do so. Therefore, we must end this farce of cohabitation now."

Supporting Karunanayake was Justice Minister W.J.M. Lokubandara who asked the prime minister how he could trust Kumaratunga considering the diabolical lies she utters. Said he: "Enough is enough, we must impeach her. She is on a difficult wicket and her speeches in Anuradhapura and Pilimatalawe clearly prove she is not fit to hold the office of president. She has seriously character assassinated the prime minister. We must submit the impeachment resolution before the 19th Amendment is taken up for debate. That will also strengthen the hands of those PA MPs who are to vote for the amendment."

Western Province Regional Development Minister, M.H. Mohomed was of a different view stating the government should first get the 19th Amendment passed and with the two third majority under the belt, proceed to impeach the president.

However, Lands Minister Rajitha Senaratne disagreed, stating the government should proceed to impeach the president right away, adding there has already been undue delay.

Act without delay

"Due to the myth of cohabitation, we have delayed taking action against her. There were so many issues of corruption that could have been pursued. We must act without delay. Bringing the impeachment now will also give added courage to her MPs who are waiting to support us," he added.

Senaratne further said the Bandaranaikes have been and are a disaster for the country and that once Kumaratunga is out of the way, the government could cohabit with the PA.

At this stage, Minister Lokubandara once again reiterated his position of impeaching the president immediately but the prime minister said the government should first get the 19th Amendment passed without losing sight of the immediate objective.

But the matter did not rest there either, with Karunanayake stating that they should confront the president with her allegation at the cabinet meeting scheduled for 6 p.m. the very day.

Replied the prime minister: "I have already handed over the matter to my lawyers. I will ask her directly about the allegation. Let us not take it up at cabinet this week. Her plan is to raise the vehicle issue this week and detract from this issue. Let's not play into her hands. I will handle it."

Added he: "Let's get over the 19th Amendment first and then look at the situation thereafter."

No sooner the prime minister made his pronouncement, Minister Karunanayake once again ventured an opinion on the need for a united approach by the cabinet.

Karunanayake said they must speak with one voice and that different ministers should not give different interpretations to the government's approach.

"We want you to be the prime minister and see us through the peace process and development of the economy for many years to come. Therefore, two - three people can't do the fighting to protect the government and another minister to be Arahat and project himself at our expense as a peace maker, making us look like the trouble-makers," the minister also said.

Possibly realising the stage was thus set for a battle between Karunanayake and Minister Moragoda, the prime minister interjected. Said the prime minister: "This type of conflict among ministers must stop."

Blame

But Karunanayake pressed on. "There were certain matters taken up at these meetings regarding inquiries such as P.B. Jayasundera. Nothing has been taken up and we are blamed for breaking up the cohabitation," Karunanayake further said.

Shot back the prime minister: "Some such statements are attributed to you also."

Replied Karunanayake: "Whatever I have said, I stand by."

Entering the discussion at this point was Minister Milinda Moragoda who said he was prepared to let the matter rest as requested by the prime minister but that he does not character assassinate people as others attempted to do to him. "I have been appoinetd to the cabinet by the prime minister and as long as he has faith and trust in me, I will continue," he said.

Not agreeing Karunanayake said Moragoda's accusation against him and some other ministers were told to the media wherein he said Moragoda had questioned how the government can proceed when two or three ministers are always fighting and putting cohabitation with the president in jeopardy.

Shot back Moragoda: "You were insinuating against me."

Retorted Karunanayake: "I stand by what I said. I too value my character. This is Moragoda versus the UNP. We have also played a part in forming this government. Don't try to show that we are always fighting and others are the peace makers."

Intervening, Prime Minister Wickremesinghe smoothened the ruffled feathers of the ministers and said there had been some misunderstanding and the two ministers should meet with him outside and sort things out.

And making light of the whole situation was Cooperatives Minister A.R.M. Cader, who offered to host both Karunanayake and Moragoda for a buriyani feed to settle the dispute.

On that light note, both ministers agreed to bury the hatchet and work together with a common purpose to secure the two third majority for the successful passage of the 19th Amendment. "Let's put all this behind us and work together," both ministers said almost in unison and shook hands.

But just prior to the conclusion of the meeting, Minister Karunanayake told the prime minister, they should ask the president if not at this meeting, at least at the next meeting, who the real rogues were.

"Let us ask her about land given to Ronnie Peiris to push the golf course deal, Channel 9, Thawakkal, Air Lanka, vehicles issue, the handbag case, Rubber Manufacturing Corporation issue, Evans deal and her own allegation that Anuruddha Ratwatte was the biggest rogue in her PA government," Karunanayake said.

The prime minister nodded his agreement, but said they should hold their horses till he asks the president directly regarding her allegation.

Meanwhile the battle for supremacy in the opposition was also hotting up last week with President Kumaratunga and the Matara District MP, all set to undercut Opposition Leader Mahinda Rajapakse.

In this respect, Opposition Leader Mahinda Rajapakse through his Secretary, G.L.W. Samarasinghe on Tuesday, October 1, wrote to all MPs summoning them for a meeting on Monday, October 7, 4 p.m. at Committee Room 2 in parliament.

Though Samaraweera as chief opposition whip was expected to sign this letter convening the meeting, he did not do so.

Power struggle

However, the very next day, Samaraweera sent a telegram to all MPs, convening a meeting of the parliamentary group at 5.30 p.m. on October 7 at President's House, stating the president will be presiding at the meeting.

Not stopping at that, Samaraweera goes on to state the letter informing the MPs of a meeting in parliament for the same day can be considered cancelled.

Thus, apart from meeting the challenge to the president's powers through the 19th Amendment, the PA is also faced with an internal power struggle and given this situation, even if the 19th Amendment does not succeed and the president is forced to go for an election with the threats of impeachment also hanging over her, it is a matter of time before Kumaratunga will have to call it curtains.

H.L. and CC's neutrality 

Serious questions on the neutrality of the Constitutional Council (CC) have arisen following President's Counsel, H.L. de Silva's appearance for the People's Alliance in the Supreme Court to argue against the 19th Amendment to the constitution.

De Silva was appointed to the Constitutional Council as President Kumaratunga's nominee and the understanding at the time of the formation of the council was that no practising lawyer would be appointed to the council and if appointed would cease to so practise.

President's Counsel de Silva of course had earlier taken up the position that no such conditions were imposed on him at the time he took office and as such was free to practise.

But the fact is several eminent persons declined to accept nomination to the Constitutional Council for the very reason that they were precluded from practising and were expressly so told.

For example, on behalf of the plantation Tamils, CWC Leader, Armugam Thondaman nominated Attorney R. Raddhakrishnan but his nomination had to be withdrawn for the very reason cited above.

Likewise, President's Counsels L.C. Seneviratne and Ranjit Abeysuriya were considered for nomination but had to decline due to the bar on practising law.

Likewise, even the JVP's nominee, Attorney S.S. Wijeratne, on accepting the appointment, agreed not to practise law.

The question then arises, why a different standard for President's Counsel H.L. de Silva? Is everyone not really equal before the law?

This situation is all the more ironic since  de Silva was one of the members of the Constitutional Council who proposed that members should have immunity for their actions, thereby giving them cover from the fundamental rights chapter in the constitution for appointments made by them, and the very day de Silva was arguing against the 19th Amendment to the constitution on behalf of the PA, the 18th Amendment to the constitution whereby the immunity so sought for the members of the Constitutional Council was also listed for argument.

Well, Mr. Prime Minister, is this how the Constitutional Council and the independent commissions you solemnly pledged to the nation are going to function?

Surely if there is no equality for the members of the Constitutional Council, can you expect fairplay for the people at large?

 

 

 

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