Failure to appoint CC: President could be
removed from office
The President has failed to appoint the
Constitutional Council as per the 17th
Amendment to the Constitution despite so
many persons and bodies, both religious,
professional pleading with him to do so.
The President continuing to carry on
business without nominating his
representative and also not appointing
another nominee as per Article 41A (d) of
the Constitution, after having received a
written communication from the Speaker,
makes him liable for removal from office as
provided in Article 38 (2) (a) (i).
Article 2 (a) states "Any Member of
Parliament may, by a writing addressed to
the Speaker, give notice of a resolution
alleging that the President is permanently
incapable of discharging the functions of
his office by reason of mental or physical
infirmity or that the President has been
guilty of — (i) intentional violation of the
Constitution."
Article 41 A, clearly identifies the
composition of the Constitutional Council as
per sub-paragraphs (a), (b), (c), (d), (e)
and (f). As per Article A paragraph (5) ‘The
President shall upon receipt of a written
communication of the nominations under
sub-paragraphs (e) or (f) of this Article,
forthwith make the respective appointments.’
Article 41 B (1) states ‘No person shall
be appointed by the President as the
chairman or a member of any of the
commissions specified in the Schedule to
this Article, except on a recommendation of
the council.’
Article 41B.(4) states ‘No person
appointed under paragraph (1) of this
Article or a person appointed to act as the
chairman or a member of any such commission,
shall be removed except as provided for in
the Constitution or in any law, and where no
such provision is made, such person shall be
removed by the President only with the prior
approval of the Council.’ The Commissions
referred to are:
(a) Elections Commission
(b) Public Service Commission
(c) National Police Commission
(d) Human Rights Commission of Sri Lanka
(e) Permanent Commission to Investigate
Allegations of Bribery or Corruption
(f) Finance Commission
(g) Delimitation Commission.
Article 41C (1) states ‘No person shall
be appointed by the President to any of the
offices specified in the Schedule to this
Article, unless such appointment has been
approved by the Council upon a
recommendation made to the Council by the
President.’
There is absolutely no point in the
Leader of the Opposition appealing to the
President to appoint the Constitutional
Council, or for that matter any of the other
party leaders or members of parliament
shouting about the President not appointing
the Council. Their responsibilities have
been clearly spelt out in the Constitution
and it is only they who can take action on
this matter. It is hoped that all right
thinking parliamentarians will take the
necessary corrective action.
Darrell Perera
Moratuwa
Sri Lanka needs a political party that
believes in market economy
Tragically, we in Sri Lanka do not have a
single party that advocates a market
economic model. Even though the UNP is
pro-business, it supports the ‘big
government’ where the state involves itself
in every economic activity. They differ from
the SLFP and its allies only in following a
more pragmatic economic management.
We do not have a single party or a
politician who questions the governments’
miserable failure during the past 60 years
in providing goods and services to the
public. All politicians while in opposition
speak of the inefficiency and corruption in
the public sector and believe that it can be
rectified once they are in power.
When the whole economic debate revolves
around waste and corruption, the symptoms
and not the cause, i.e. government
involvement; what hope is there for this
nation?
Corruption is not a critical factor in
delaying development. Except Singapore all
Asian nations that experienced rapid
development had corrupt leaders during the
expansion phase. If we are ever to catch up
with these Asian economies, some day a
government will have to move out of the
business of providing goods and services.
But for that to happen we need to have a
public discussion on the merits and demerits
of state involvement in providing goods and
services.
Sri Lanka is in need of a political party
that believes that the government’s only
business is to govern, and the government’s
intervention in economic activities is bound
to fail. The best example is the terrible
plight of the paddy farmers. Even after the
10,000 tanks renovation project, and
providing fertiliser subsidies, consumers
are paying three times the price than before
these interventions, and the farmer is still
dirt poor.
Yet the government isn’t willing to
accept the responsibility but blames the
markets. If the government intervenes in
controlling the market as it was done in the
1970s, it will lead to the food shortages
experienced then.
In a nation where the people, political
parties and the politicians and even the
media believe that it is the government’s
duty to be involved in every aspect of
economic activity, what chance is there for
a public discussion on whether we will be
better off if the government involves itself
only on governing, and setting the correct
economic conditions for the private sector
to provide all goods and services?
If this country is to prosper, we Sri
Lankans will have to accept the failure of
the socialistic economic model that we have
been following. A vast majority of our
people are reluctant to accept this despite
the worldwide successes that have been
achieved by debunking the socialistic
economy.
Despite the overwhelming opposition for
private sector involvement in sectors which
are considered as ‘holy cows,’ the Sri
Lankan private sector is experienced and
resourceful enough to prove that they can do
a better job than the public sector.
If those who oppose this are confident of
the public sector, perhaps an experiment
could be tried out, taking two of the least
developed districts — Puttalam and
Hambantota — and establishing a market
economic system in Puttalam and a socialist
economic system in Hambantota.
Robert Abayasekara
Rein in the politicians who violate the
constitution
Under Article 32 of the Constitution
every member of parliament including the
president and the ministers, members of
local authorities, judges, public servants,
and a host of other officials are mandated
to take an oath of office that they will
respect and uphold the constitution.
No constitution can effectively protect
the democratic way of life and the rights of
the people unless there are checks and
balances written into it.
Institutions like the Constitutional
Council, Judicial Services Commission,
Public Service Commission, Elections
Commission, Police Commission and other
commissions — which provide the checks and
balances — must function effectively and
independantly and implement the law if
democracy is to be preserved.
We find from time to time brazen
interference and violation of the
constitution and other laws by politicians
for their personal benefit. Every citizen in
this country should respect, observe and
protect the constitution. It is the supreme
law of the land that supercedes all other
laws. If any law or statue violates any
provision of the constitution, the Supreme
Court can declare such law null and void. Do
the politicians of this country respect and
observe the fundamental laws of the land?
It is not only the president and the
ministers who have unbridled power over
appointments and dismissals of public
servants and other officials. Today the
situation has become worse because the
President and cabinet cannot take
disciplinary action against any minister
because it is an unstable and weak
government. A minister could defy public
opinion and still continue to hold office.
We see this almost every day.
The checks and balances are not effective
or they have been dismantled by the
politicians for their advantage. Today,
politicians could commit the worst of crimes
and not be brought to book as they are
backed by a posse of security officers and
an impotent police who do not prosecute
political offenders.
When politicians act in an unlawful
manner, they violate the citizens’ right to
equality and non discrimination which is the
international norm of customary Human Rights
Law — (4 I C J Pleadings 493 -1966) and ICJ
reports 130 -1971).
When rights are violated individuals,
communities, ethnic and other minority
groups are affected. They will then feel
bitter against the government because there
has been a denial of justice and the right
to equality. If there is no justice in a
nation, it is not possible to have peace.
Justice always precedes Peace.
Anton Fernando
That interview with the S/G of Parliament
I refer to the interview with the
Secretary General of Parliament published in
The Sunday Leader of March 30.
The Secretary General had commented that
she can see only a decline in parliament in
every respect. Expanding on this, she had
said "the constitution itself is not
receiving due respect as the basic law of
the land. People don’t seem to take it very
seriously and appear to flout it at will."
She has further added "in contrast to the
anti defection law, which is why it is
enshrined in the constitution, members seem
to liberally switch sides making
parliamentary democracy a joke.
Flouting of the constitution can be seen
very clearly when appointments are made
which, according to the constitution, are
irregular. How can people respect the
constitution when the highest in the land
pays scant respect to it?
Regarding defections, can any one of
those who defected deny that they got into
parliament because of the party? A vote
without a vote for a party is invalid. The
people voted for the party. So, for them to
cross over was downright treachery, and a
complete let down of those who voted them
in.
I trust that all those 225 members — "our
servants before elections"— will read this
interview and see where they have failed and
ask themselves, why?
W. R. de Silva
Ooh mata gahanawa, mata ooh gahanawa
We hear the same cry everyday of the sky
rocketing prices of essentials, and how the
poor are burdened.
It is the majority of the poor that
contributed to this government being elected
to power. It is useless moaning and whining
now.
The poor better use their vote wisely at
the next election and not fall prey to the
cheap popularity tactics of some of our
politicians, and find themselves in the
situation like the TV comedy where the actor
was describing a fight he had — "Ooh Mata
Gahanawa, Mata Ooh Gahanawa." He pauses
for a while, realising his folly and says
aloud to himself, "Hmm, balanakota, mumma
mata mai Gahanney."
This is exactly what is happening to our
dear country. We have certainly become our
worst enemy.
NGV
Wattala
|
Appreciation |
Rev. Dr.
W.G.Wickramasinghe
|
I was deeply saddened to receive the news
of the death of Rev. Dr. W. G.
Wickramasinghe whom I have had the great
privilege to associate quite closely since I
first met him in 1978 as a senior student of
Trinity when he assumed duties as the
principal of the college.
I remember the day of the special
assembly in the college hall when the Lord
Bishop as the chairman of the board of
governors, introduced this great gentleman —
renowned theologian and educationist to our
school. We were extremely impressed by his
neat attire and his most elegant, eloquent
and impressive speech. We recognised him as
a simple man but with a great personality
who can be a friend to all.
Reverend Dr. William George
Wickramasinghe born on August 13, 1917 had
his education at St. John’s College,
Nugegoda and thereafter at Carey College
Colombo. He obtained his Degree in Bachelor
of Divinity from the University of Serampore,
Calcutta, MA from the University of Oxford,
and a Post Graduate Diploma in Education
from the University of Ceylon.
He was awarded his Doctorate in Divinity
by the World Baptist University of Chicago,
USA. Reverend Wickramasinghe brought with
him to Trinity a very rich heritage of over
30 years experience as an educationist of
which 21 years was as a principal of a
leading Christian school — Carey College
Colombo.
He was the president / head of the Sri
Lanka Baptist Sangamaya for 20 years, the
chairman of the board of directors of World
Vision Lanka, member of the World Baptist
Mission and the founder president of the
Asian Baptist Mission.
The Trinity College 125th Year
Commemoration Souvenir Glimpse Into The
Past described Rev. Wickramasinghe, the
principal of Trinity College from 1978 to
1988 in glowing terms and recognised his
tenure as ‘The period of expansion.’
To be leading large organisations is not
an easy task. He too had to cross rough seas
and face challenges regularly. His response
to such situations demonstrated the great
maturity of his spiritual life.
He believed that the soul cannot find
escape from the attacks of satanic forces
and that the depressing thoughts or doubting
God’s love when the storm clouds surround
will not result in giving relief to the
mind.
Whatever criticism he faced, Rev.
Wickramasinghe never wanted to fight back
but calmly prayed for relief and believed
that instead of worrying he should be strong
and of good courage and reminded himself of
his motto from the Bible: ‘The
Goodness and Mercy of God follow me all the
days of my life.’
After his retirement from Trinity College
he shifted to his home in Ratmalana and
continued to serve the Lord at his best.
Rev. Wickramasinghe’s magnificent style of
guiding people and of showing God’s love to
those who came to him enriched the lives of
many. He believed that the man who walks
with God will always get to his destination.
He was a friend in Christ and the
students loved to chat with him and draw
from his rich spiritual knowledge. I
continued to do so even after leaving
college and visited his home in Ratmalana
whenever I could find time and spend a
couple of hours chatting and remembering the
good old Trinity days. He was happy of what
he did for Trinity and Carey and humble
enough not to take credit for himself and
referred to his success as ‘achievements
with the help of others.’
Rev. Wickramasinghe delivered the homily
at my elder sister’s wedding and the theme
he chose was obedience. Something he said is
fresh in my mind even today. He said
‘Nothing pleases the Lord so well as our
obedience to Him. The life in abundance will
only be yours if you remain obedient to the
great creator.’
Rev. Wickramasinghe often said that his
life was a privilege from God. The hymn
sheet for his funeral service acknowledged
what he believed by carrying the words of
Jesus in St. John 15:16 — ‘My life has been
a miracle of God’s grace, forgiveness,
patience and sustaining power of the Holy
Spirit.’
Rt. Rev. Duleep Chickera, the Lord Bishop
of Colombo said at the funeral service: ‘Our
dear brother and friend always belonged to
God. God only lent him to us for a short
time and He took him back. Let us give
thanks to God for this wonderful
multifaceted creation who blessed the lives
of many who had the privilege to meet him
and associate him.’
‘Welcoming this great son, coming home to
the land of eternity at the end of a
magnificent innings in completing his duties
with utmost dedication, the Lord would have
embraced him and proclaimed — Welcome home
my son, you have accomplished your mission.’
I thank God for the great privilege he
gave me to know Rev. Wickramasinghe and wish
to extend my sympathies and deepest
condolences to Mrs. Irangani Wickramasinghe,
his daughters Neelani and Shyamalee, and the
other members of the family at this time of
sorrow.
May his soul rest in peace.
Sanjiv Wijayasinghe
|
