The Political Column

8th July 2001

CBK warns of exposing some MPs

By our Political Correspondent
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Is the 1978 Constitution to be blamed for the present political turmoil triggered off by the crossover of seven SLMC parliamentarians on June 20.

PA leaders, including President Kumaratunga, have said that if not for J. R. Jayewardene's 'bahubootha' constitution, the PA would have got a clear majority, if not a two thirds, in parliament.

Had the last two general elections been held under the first-past-the-post system, the PA could have obtained a working majority without the support of smaller parties, they said.

In their attack on the PR system, they chose to ignore its positive side. The PR system allows smaller parties like the JVP and the SLMC to be active in mainstream politics. Unlike the first-past-the-post system which operates on the basis of winner-takes-all, the PR system allocates seats on a proportional basis, thus giving all parties a say in the running of the country.

Besides these positive factors of the PR system, the constitution also bestows immense power on the executive. It is this power that is preventing the government from falling in the face of the ruling coalition losing its parliamentary majority in parliament. 

It is this constitutional power that is helping the President to resort to various means to circumvent a possible defeat in parliament.

The government acted fast to avoid a possible defeat at Friday's vote on the extension of the emergency. The President allowed the emergency regulations to lapse on Wednesday and invoked temporary provisions of the Prevention of Terrorism Act and the Public Security Ordinance on Wednesday midnight, re-imposing tough measures that were in operation under emergency regulations.

Ironically, the government had adopted the very method the UNP was proposing in defence of its opposition to the continued extension of the emergency. UNP Assistant Leader Gamini Atukorale said the government was shamelessly adopting the UNP advice.

The Wednesday midnight move came following consultations Minister G. L. Peiris had with Attorney-General K. C. Kamalasabeyson on the instructions of Prime Minister Ratnasiri Wickremanayake who is sparing no effort to save a government he does not head. Under the constitution it is the President who is the head of government as well as head of state.

The AG pointed out that they would make three orders and two regulations under the PTA and Part III of the Public Security Ordinance, without bringing into force Part II of the PSO, which dealt with emergency regulations.

On Tuesday Mr. Wickremanayake along with Minister Peiris met President Chandrika Kumaratunga and explained alternative arrangements in lieu of the emergency regulations.

That the government did not go for a vote on the extension of the emergency may indicate an admission of defeat. But Mr. Wickremanayake told state television ITN on Thursday that the government resorted to the PTA and the PSO because it did not want a conflict with the opposition when the need of the hour was cooperation.

However, it appears that the crisis over the emergency is far from over. Some UNPers say the invocation of the PTA and PSO also require parliamentary approval but PA members say the government is required to only table it in parliament. Yet others say the matter should be referred to the Supreme Court for its constitutionality.

Besides the emergency, the upcoming no-confidence motion is also causing much worry to the ruling party. To prevent the government from being defeated, the strategy the ruling party is adopting is a move towards the formation of a government of national reconciliation.

According to some reports, opposition UNP leader Ranil Wickremesinghe on Wednesday urged Prime Minister Wickremanayake to resign and pave the way for a government led by the UNP as the ruling coalition had lost its parliamentary majority.

But the Prime Minister was not convinced. He said the UNP also did not have a working majority.

But Mr. Wickremesinghe told him that he would show the opposition strength in Parliament when the no-confidence motion was put to vote. The opposition was expecting that the motion would be taken up for debate from July 16. But Leader of the House Richard Pathirana said in parliament this week that it should be taken up from August 7. 

In its defence, the government cited the July 17 national census day as the reason for the postponement. The Census Chief wrote to the Speaker to avoid July 17 as it fears that its work will be hampered if tens of thousands of PA and UNP supporters flock to the city in a show of strength. 

If the debate is held on August 7, it will help the government to pull on till October 10, the day on which the present parliament completes its one-year term. Of course, the government needs to resort to a prorogation of parliament to achieve this end. After October 10, the President is empowered to dissolve parliament and call for fresh elections. But at the same time, the government also knows that if it could get the support of the JVP which has ten seats in parliament, it does not have to fear the opposition-sponsored no confidence motion and resort to prorogation and other tactics. 

Towards this end, the government is preparing legislation to bring into effect at least three of the five commissions the opposition is demanding.

It is reported that the Legal Draftsman has held discussions with the Attorney General and it is likely that legislation would be ready soon. Once this is done, the PA is expected to woo the JVP promising several concessions.

The UNP is also planning counter strategy to prevent the President from dissolving parliament. The only way parliament could not be dissolved is when an impeachment motion against the President has been entertained by the Speaker.

If the UNP can get the support of all opposition parties, it will not be a difficult task to collect signatures of more than half the number of Parliamentarians for an impeachment motion. But it all depends on the Speaker's decision. The Speaker may or may not entertain such a motion depending on the merits of it. But if the motion has been signed by more than two thirds of the total number of parliamentarians, then the Speaker is obliged to entertain it.

What is significant in the UNP strategy is that it shows that the party is determined to defeat the government. It was only a few months ago, a crisis erupted in the UNP with some sections of the party openly revolting against the party leader, accusing him of squandering an opportunity to defeat the government during the budget vote.

Though the main opposition UNP appears to be a united outfit, the same cannot be said of the PA. There appears to be some cracks on the PA wall reportedly over a dispute between the President and Minister S. B. Dissanayake, who was one-time a close confidant of the President and member of the PA inner circle.

It is said Mr. Dissanayake is refusing to participate at PA meetings organised by the President to plan out strategy. The President appears to be sending a message to the PA rank and file that irrespective of the outcome of the no-confidence motion, she would continue to be the President. She was apparently reacting to reports that said several PA parliamentarians, including ministers, would cross over to the opposition at the crucial vote.

She told ministers and MPs who met her that anyone could cross over but they must remember that they had a responsibility by the people.

Besides Mr. Dissanayake, the conspicuous absentees at these meetings were Bharatha Lakshman Premachandra, Keerthi Mawallage, Ananda Munasinghe and Dalas Alahapperuma.

At one of these meetings, MPs raised their problems but the President reportedly said they should realize that the country was facing an economic crisis as well and this was not the time to ask for more perks such as vehicles. The President was critical of the attitude of some MPs. She said some people could not afford to buy a packet of rice when they entered politics, but today thanks to her some of them had even become ministers.

"After they became ministers, they thrived in kickbacks and their wives are reaping the benefits of wearing gold bangles that cover their forearms. I will uncover all their misdeeds," she warned. 

Then the President said she wanted to address the nation on the present political crisis over the national TV Rupavahini.

Some concerned ministers, including Mahinda Rajapakse, Alavi Moulana and A. H. M. Fowzie, told her that if she did that the people would start harassing UNPers.

An amused President asked "why"? "Not for having allowed the PA to govern the country."

The President stopped at that. But her remarks on the ministers and MPs had their repercussions as well. Many PA members believe the outburst was aimed at Mr. Dissanayake, who was not present at strategy sessions.

At the weekly ministerial meeting chaired by the prime minister, Minister Mahinda Rajapakse came out strongly against the decisions taken by the so-called "Kitchen Cabinet." 

He said most of the ministers were not privy to what was going on in the government and added that the removal of Rauf Hakeem came as a shock when he switched on the television.

"This is the plight of the ministers who have been asked to uphold the principle of collective responsibility. But when it comes to criticism, we have to take the brunt of it," he charged.

Mr. Rajapakse told the ministers that the government should buy time if it was to survive. He recalled the Premadasa example and spoke in favour of proroguing parliament.

It is now learnt that Mr. Rajapakse will be called upon to shoulder a new responsibility as the General Secretary of the ruling party in the event the Kumaratunga-Dissanayake row is not solved amicably.

In Parliament on Wednesday, Mr. Dissanayake was seen walking along with UNP leader Ranil Wickremesinghe to the Prime Minister's office. When the duo walked in, a meeting was in progress between the Prime Minister and a UNP delegation comprising K. N. Choksy, Tyronne Fernando and Rohitha Bogollagama. They were discussing ways and means of carrying out Parliamentary business under the latest political scenario where the government has lost its majority.

The meeting was arranged after Minister Pathirana did not consent to an opposition proposal that the no-faith motion should be taken up from July 16.

At this meeting, the Prime Minister told the UNP delegation that he needed time till Friday to take a decision. The UNP delegation then went to the opposition leader's chamber and briefed him on the developments. In the meantime, Mr. Wickremesinghe received a telephone call from Mr. Wickremanayake, asking him to come to his office along with the UNP delegation.

On his way to the Prime Minister's chamber, Mr. Wickremesinghe was joined by Mr. Dissanayake. It was agreed at this meeting that a decision on the dates for the no-faith motion should be taken up again on July 12 at the party leaders' meeting. 

The Prime Minister gave an assurance that the government would not prorogue Parliament to buy time to overcome the crisis. 

But several senior UNPers did not want to take the assurance seriously. They said the government would resort to prorogation or some other strategy the way they avoided the vote on the emergency.

Meanwhile, the UNP leader and Minister Peiris met on Thursday night to identify areas where the two parties could work together on a limited engagement. The areas that have been identified are too broad and they include ethnicity, economy, education and democratisation of the political system.

This was in sequence to an earlier meeting where Prime Minister Wickremanayake also participated.

It is believed at this meeting a final draft had been agreed on and it has been sent to the Prime Minister for his comments.

A copy of the draft was handed over to UNP's Milinda Moragoda who is expected to discuss with party hierarchy and suggest any amendments before handing it over to the government side.

In another significant development, UNP leaders were seen together with former party strongman Sirisena Cooray at a temple function in Anuradhapura. The chief incumbent of the temple called on the party to accommodate those who had left the party and forge ahead as a truly united party. 

While the government and the opposition locked horns in a virtual battle to gain supremacy in Parliament, the private media has become a target. The JVP this week accused the private media of advocating the UNP point of view. It appears to have forgotten that during the last general election the same private media were accused by the two major parties of bloating the image of the JVP. But unlike the JVP, which confined its attack to political speeches, some PA elements thought it fit to hold demonstrations outside the Maharajah group which operates Sirasa TV and MTV. 

This prompted Raja Mahendran, Chief Executive of the Maharaja Organisation, to issue a hard-hitting statement outlining their contribution to the Sri Lankan economy. 

Excerpts from the letter:

"While it has become a habit for Governments to use our Group as a whipping boy they have never paused to think that we, a Sri Lankan Institution have always been in the forefront of the development of this country and have provided employment to thousands of citizens of all ethnicities.

"Today due to the pressures on the Government arising from the prevailing uncertainty due to a crumbling economy and a deteriorating law and order situation as well as the impending no confidence motion, we have once again been made to pay for their misdeeds and mismanagement by intimidation.

"A few days ago the Government owned TV and Radio channels and print media, which are well known for false propaganda, carried attacks on us made by members of the Government calling us a business Mafia. Following that …there was an organised demonstration in front of our media offices and our Administrative Office demonstrating with placards and attempting to intimidate us. "We have endured enough. Enough is enough. I am not fighting for my own existence but I am stating that any insults hurled at the Group are hurled at each and every one of you including me. 

"We strongly refute the allegations made against us and responsible governments should realise that they should not take politics into mercantile institutions which are today the backbone of the economy. We have been discriminated against from the day they came into power and they have even cancelled frequencies allocated to our electronic media, attempted to acquire industrial lands belonging to us identified for our expansion.

"The main purpose of this note is to share with you the events that took place and tell you that you should not lose heart, but this is the time for us to dig in and move forward as we have no reason to be afraid as we have done nothing wrong and should not bow to pressure as there are many who depend on this great institution which we are all extremely proud of."

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