Editorial

Last week’s issue of this newspaper ran a front-page lead story where probably the information concealed was of greater significance than what was revealed of government thinking. Our reporter was unable to ferret out more from the highly placed source in the ruling party, who didn’t even want to be quoted, but it betrayed the Government’s exasperation with the Establishment for not falling in line with it.

The story referred to plans to make what it preferred to call ‘structural changes’ to the Constitutional Council and the Independent Commissions. Having already made public its annoyance with the public service for not being up to speed with the ruling party’s enthusiasm, it is now targeting the apex bodies, viz., the Constitutional Council (CC) and the Independent Commissions (ICs), that are seen as being obstructionist and therefore requiring changes.

The CC and the ICs were introduced in 2001 following mass agitation calling for the abolition of the Executive Presidency. This was hailed as a milestone in constitutional government and a major victory for the agitators, yet critics called it a mere sop to continue with the Executive Presidency in the face of such public demand for its abolition. It saw the introduction of the 17th Amendment (17A) to the Constitution, but President Mahinda Rajapaksa, who famously said, “What’s the point of being an Executive President if I can’t appoint the OIC of the Tangalla police station,” reversed 17A with 18A, which abolished the CC, replacing it with a rubber-stamping Parliamentary Council. This reactivated the call for the abolition of the Executive Presidency in toto, and in 2015, 19A came into law, strengthening the powers of Parliament, clipping the Executive President’s wings a bit more than 17A, and again falling short of abolishing the Executive Presidency.

All governments, much to their annoyance, find the public service moving at its own meandering pace. This Government is no exception. The Executive President realises he is in a straitjacket, unable to dish out executive orders at whim. That exactly was the purpose of 17A and 19A—to restrain the Executive President, heady with almost unlimited powers, from drifting towards dictatorship.

With its overwhelming majority in Parliament, it will be interesting to see if the Government will be tempted to follow in the footsteps of its proclaimed nemesis and tinker with 19A and bring back a new-look 18A.

Which brings out the pledge to abolish the executive presidency—the battle cry of all when in opposition, only to be placed in cold storage once ensconced in the hot seat. The architect of the office, President J.R. Jayewardene, must surely have known that anyone holding the twin jobs of Head of Government and Head of State would not easily give it up, unless one has reached ‘Arahathood’—a ‘state of ultimate spiritual detachment, completely free from all desires and delusions. For atheists, it is easier to reject this spiritual liberation for political liberation.

There is no perfect system of governance, and the CC and ICs are not perfect. Politicians kept a hold on its deliberations. And yet, they have, to an extent, prevented some undesirables from worming their way into the top jobs in the country, as much as they have blocked perfectly fine candidates purely on political considerations.

The President speaking in Parliament on Thursday on the proposed education reforms, referred to the need for professionalism in all vocations. The CC and the ICs were established for exactly that purpose: to stop judges, police officers, and state officials from having to run behind politicians for promotions and posts. If some who ended up in these top slots still wished to endear themselves to the ruling party, there was very little to be done, though the aim was the depoliticisation of the administrative system.

The Government seems in no hurry to change the executive presidency, trotting out lame excuses of considering it with a new constitution that has no timelines. In the meantime, however, they will have to learn to work with others in administering the country. There are signs they are slowly and surely drifting into the bad old practices of their opponents whom they so criticised in the appointments they are making to high government posts.

E-government: A mere windbaggery?

The prolonged breakdown of the Registrar of Companies (RoC) computer systems beginning last week and continuing this entire week, causing its work to come to a standstill, provided added currency to those anti-government critics who say that all its work is limited to the mouth and the excitement about a digital economy is windbaggery.

This may not be entirely fair, but for the RoC to have its access denied for so long is inexcusable. The new computer system was heralded as turning a new page in Sri Lanka’s e-government and business history with the aim of providing a more efficient 24×7 service while enhancing revenue collection for the State. Something similar happened at the IRD (Inland Revenue Department) last year, but they rectified it quickly. The RoC couldn’t do that. They stopped answering telephone calls, and their manual backup system was not operational.

The cause of the collapse has been blamed on a contractual issue with the supplier, but that has been pending since May 31. The supplier and maintainer of the automated solution has stated that the Government was informed well in time of the contract lapsing.

The Government cannot be blamed for every contract entered into by its predecessors. This particular contract costing Rs. 57 million was entered into in 2018. Quick to take credit for the good the previous Government has done, the Government must equally take the rap for the bad; if indeed the contract was a bad one, and if its renewal was due by May 31, someone has been sleeping on the job.

A whole new billion-dollar investment zone has been created at the Colombo Port City in addition to the Board of Investment. But the basics are malfunctioning while the rest of the region is galloping ahead with e-government.

The failure of a critical web-based system, and more so, the inordinate delay in fixing the problem, does no favours either to Sri Lanka’s ranking in the World Bank’s Ease of Doing Business index. With the new computer it was hoped Sri Lanka’s ranking would improve to 70th position. Today, it has slipped to the 99th position, below Nepal (94), India (63) etc.

Not a nice place to be in.