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Prince 3For good measure the provision about restricting the unlimited power of appointment by the President was repeated with regard to the Judiciary, with capitalization –

Appointments and Removals:

The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President SUBJECT TO APPROVAL BY THE SENATE

One of the most worrying incidents that took place during President Rajapaksa’s second Presidency had been the impeachment of the Chief Justice. She had not been the best choice for the position and the Opposition had raised questions about the appointment and her conduct, after the appointment was made. But the impeachment was badly handled, and in terms of bizarre provisions in the relevant instruments, the Constitution and the Standing Orders of Parliament. The former simply specified that impeachment should be by procedures laid down by Standing Orders, and the relevant Standing Orders had been hastily formulated when President Jayewardene wanted to put pressure on the Chief Justice he had appointed, one of his private lawyers, who had nevertheless begun to speak out against government excesses.

The leader of the Opposition was to grant that only half the required Standing Order had been set up, and since that had worked and the then Chief Justice had been subdued, the other half had been forgotten. So the provision remained that Parliament appointed a Select Committee to investigate, which involved it acting as both prosecution and judge. In the intervening thirty years it had often been pointed out that these provisions were unjust, and commitments had been made that they should be changed, but nothing had been done about this.

The Select Committee appointed by Parliament made matters worse by behaving in boorish fashion and giving the Chief Justice no time to formulate a defence. It also gave her no notice of witnesses it proposed to call, and summoned them after she had withdrawn, as had done also the opposition members of the Committee. Rulings by the Courts that the proceedings should be stayed were ignored, and the motion was duly carried, with only a very few members on the government side refusing to vote for the motion.

Though government also realized how unfair the system was, and some members pledged to change it, even while arguing that what had been done was perfectly constitutional and so could not have been avoided, all this was forgotten after the Chief Justice was removed, and Mohan Pieris installed in her place. The Speaker showed his contempt for, or perhaps just his ignorance of, Standing Orders in failing to put my proposals to amend them to Parliament. The Standing Orders themselves mandated that any such proposal to amend should be put to the House and, after being seconded, be referred to the Committee on Standing Orders, but instead the Speaker said he would refer them direct to the Committee. Since he had avoided making clear the mandate Parliament would have bestowed, he failed to summon the Committee, and got away with this for over a year. Before that, despite repeated requests, though sadly only from me, he had not summoned the Committee for three years.

I regret that I was the only Member of that Committee to make repeated requests that the Committee be reconvened. Unfortunately the Opposition Chief Whip who was on the Committee had no understanding of the importance of Standing Orders, while the TNA Representative, Mr Sumanthiran, who had worked assiduously with me to redraft about a quarter of the whole in the first three months of the new Parliament, kept quiet when meetings were suddenly stopped, perhaps because we had been too efficient. Obviously it made sense for the TNA not to bother too much to increase the effectiveness of Parliament, since that might have detracted from their main contention, that Parliament was incapable of serving the interests of the Tamil people. Read the rest of this entry »

Ceylon Today interview 30 Dec 20141. In a series of articles entitled “Enemies of the President’s Promise: Mahinda Rajapaksa and the Seven Dwarfs”, you have chronicled the degeneration of the regime from its glorious days into an autocratic regime with no vision or direction for itself and for the nation it claims to protect from international conspiracies. How would you look back on the performance of the regime?

It has been extremely disappointing. Though talking to the President sometimes encouraged one to think he would move, there has been disappointment after disappointment.

2. Who are the key figures behind the powerful oligarchy within the Government that led to the birth of a system of sycophancy which virtually besieged President Mahinda Rajapaksa?

Of the seven dwarfs the worst influence was Basil, who thinks politics is about fooling people, which I don’t think was the President’s position before. He was also entrusted with all development work, but he cannot plan coherently, and thought pouring in cement would win hearts and minds. Then Namal was a destructive force, because the President does understand Basil’s shortcomings but he is incapable of checking Namal. In fact his reaction to criticism of his indulgence to the children is instructive, in trying to justify the helicopters – whereas Namal claimed they only had toy helicopters.

The two Peiris twins were sycophants of the highest order, but more to what they thought were Gotabhaya’s wishes than to the President, which led them to let down the President when he tried to do good. Gotabhaya I think more honest as a human being, but his recent political ambitions have spoiled him. Lalith Weeratunge I know regretted what was happening, but did not have the courage to set the President right, which is a pity because in his heart the President knows Lalith is the only person who can be trusted.

And finally there is Sajin, to whom the President is devoted, which beggars belief (and the nation too).

3. You were the head of the Secretariat for Coordinating the Peace Process (SCOPP) from 2007 to 2007. How would you revisit the pivotal role played by Norwegians in the peace process in general and Norwegian politician Erik Solheim in particular?

I think the Norwegians in general behaved very well, and the ambassadors I dealt with stood up to the LTTE. In my time the Monitoring Mission was headed by a Norwegian who was balanced, and helped me overcome the prejudices of some of his staff. There had been some prejudice before against Sri Lanka and its unity, most obviously on the part of a Swedish General who had headed the SLMM – I failed to get the Foreign Ministry to register protests officially about this, though I did my best. Also I think the ambassador at the time of the Ceasefire Agreement being signed was indulgent to the LTTE because he had been here in the eighties and was influenced by the excesses against Tamils of the Jayewardenepura government. Finally, I found Solheim shifty, and have said so to those who approved of him, beginning with Mr Bogollagama. It was a great pity he had so much influence at the time, because I think his agenda was always a selfish one, a view shared by the Norwegian Liberals with whom I was in contact. Read the rest of this entry »

Rajiva Wijesinha

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