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grumpy 4The Secretary to the President, Lalith Weeratunge, explained to me how it happened. In 2010 the President had wanted to put this brother too into Parliament, but he had scoffed at the idea and said the prospect did not interest him. However, he had added that, if the President wished to give him other responsibilities too, he would be pleased to look after Urban Development.

So, after the election, the Ministry of Defence was renamed the Ministry of Defence and Urban Development, and Gotabhaya went, as it were, to town. Colombo, which had suffered both from neglect over decades, and from ghastly makeshift barriers for protection of important places when terrorist activity was in its heyday, was transformed, and began for the first time in the last half century to look beautiful.

Gotabhaya was helped in all this by the hard-working military personnel he could employ. I had had some experience of this when, as Secretary to the Ministry of Disaster Management, I found that I had to coordinate work with regard to the many canals that wound their way through the city. The care of these, and their banks, were allocated to a dozen different agencies, and coordination between these was not easy. It was only the navy I found that had fulfilled its responsibilities swiftly and effectively, and the stretches in their care were the cleanest and best maintained.

With the Ministry of Defence coordinating action in this and other areas, development was swift. Gotabhaya also chose capable people to head the Urban Development Authority, and they were able to plan more coherently than most government departments, though it should be noted that there were still some shortcomings about coordination, especially when it came to working with local authorities not under the control of the government. Still, the UDA was quick to respond when difficulties were pointed out, and in this regard its work ethic was admirable.

This was a distinct advantage Gotabhaya had over Basil, who was not a team player at all. Perhaps because of his military training, Gotabhaya was able to identify and work with capable people. Of course in fairness to Basil it could be argued that he thought he had to do everything himself, because many officials he came across were inefficient, or incapable of taking quick decisions – unlike the military personnel Gotabhaya had worked with, both in his youth and as he took over at the Ministry of Defence. But whereas Gotabhaya was also concerned with training, and with ensuring a new generation able to work effectively, such concepts were beyond Basil.

This was another area in which the capabilities of the forces were well deployed. They were asked to take charge of a pre-University training course since it was noted that those who were admitted to universities, perhaps because of the purely academic training they had undergone in the struggle to get good enough grades for admission, had no soft skills. Read the rest of this entry »

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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 »

After nearly 100 meetings at Divisional Secretariats, with the participation often of Pradeshiya Sabha representatives, I am more than ever convinced that the future of this country lies in strengthening local government institutions. However, if they are to do more, they also need to consult the local citizenry.

At present there are no formal structures to ensure such consultation. Some local bodies do have provision for Standing Committees, and I have been told that for Pradeshiya Sabhas there is provision for members of the public to participate, but this is not the case with Municipal or Urban Councils. The latter indeed do not seem to have provision for such Committees.

This is quite contrary to the premises on which the Mahinda Chintanaya is based, and I was happy to find that efforts to amend the Acts have progressed considerably in the last couple of years. Unfortunately the same old trend of simply amending earlier Acts has continued, instead of repealing previous legislation and replacing it with a clearly comprehensible new Act. This will mean that those elected to such bodies will find it difficult to understand what their powers are, and lawyers will have a wonderful time interpreting the Acts.

Read the rest of this entry »

Rajiva Wijesinha

October 2019
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