23 October, 2017

Eligibility For A Third Term: From The Horse’s Mouth

By Manel Fonseka

I was looking through some of my old articles and came across a press cutting with an interview by JR Jayewardene.

An amendment to the 2 term period requires a 2/3 majority in Parliament PLUS a Referendum. The “old fox” himself said so.

JR JayewardeneThis is clearly the intention behind the relevant Constitutional article and who should know better than JR himself since his own brother was probably its principal framer.

In an interview with Sunday Island Editor Rohan Abeywardena on 15 Dec 1991, responding to the question:

“Why did you not contest in 1988?’,

JR replied:

“Under the Constitution of 1978 a President  can be elected for two terms only. Under the Law creating the Presidency my first term was deemed to have commenced in 1978.

“Thereafter in 1982 I was elected for the second term. If I had acceded to the request of my Party, and many of the Members of the Opposition, and contested the Presidential election in 1988, it would have meant a third term for me, and would have needed an amendment to the Constitution, by a two-thirds majority, and also the sanction of a Referendum. I thanked my sponsors and declined to accept their offer. Moreover, as a cricketer I was aware that in cricket, there are only two innings given to a side, and there is no third innings.”

I rest my case

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  • 8
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    Thank you. But the problem is, Mr. Mahinda Rajapakse does not read Colombo Telegraph.
    :)

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      Manel Fonseka –

      “I rest my case” No, no, No. There is overtime play..

      Please be the Author of Commons sense Pamphlet…like Thomas Paine of !776, what he did for the American Revolution..

      A sri Lankan version to stop the Dictatorship and Dynasty is needed..
      The we can reach the Age of Enlightenment…

      http://en.wikipedia.org/wiki/Age_of_Enlightenment

      Common Sense (pamphlet)

      http://en.wikipedia.org/wiki/Common_Sense_(pamphlet)

      Common Sense[1] is a pamphlet written by Thomas Paine in 1775–76 that inspired people in the Thirteen Colonies to declare and fight for independence from Great Britain in the summer of 1776. In clear, simple language it explained the advantages of and the need for immediate independence. It was published anonymously on January 10, 1776, at the beginning of the American Revolution and became an immediate sensation. It was sold and distributed widely and read aloud at taverns and meeting places. Washington had it read to all his troops, which at the time had surrounded the British army in Boston. In proportion to the population of the colonies at that time (2.5 million), it had the largest sale and circulation of any book published in American history.[2]

      Common Sense presented the American colonists with an argument for freedom from British rule at a time when the question of whether or not to seek independence was the central issue of the day. Paine wrote and reasoned in a style that common people understood. Forgoing the philosophical and Latin references used by Enlightenment era writers, he structured Common Sense as if it were a sermon, and relied on Biblical references to make his case to the people.[3] He connected independence with common dissenting Protestant beliefs as a means to present a distinctly American political identity.[4] Historian Gordon S. Wood described Common Sense as “the most incendiary and popular pamphlet of the entire revolutionary era”.[5

    • 2
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      Fazi should watch Al Jazeera as well ..

      It is heart breaking to watch Ancient buildings , Cities and Environments which go back to Roman times, getting blasted by Western Weapons by fighters financed by the West and their Mid East allies.

      Poor innocent women , children and grand parents from once prosperous countries like Libya, Syria and Iraq now living in tents in muddy fields and braving Winters with only a camp fire is beyond belief.

      And ex Muslim Lankans who have now become Western citizens are stressing out about Rajapaksas who put a stop to this sort of wanton destruction and has kept the country free of Terrorism for five full years.

      • 6
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        K.A Sumanasekera,

        “Rajapaksas who put a stop to this sort of wanton destruction and has kept the country free of Terrorism for five full years”.

        That’s all fine. Much appreciated. Thanks buddy!

        But, now it is time to put a stop to on-going state terrorism & utter corruption by the Rajapassas. Forever!

        Cheers!

        • 2
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          .
          JRJ did not have a Brother or Son to take over.

          :-)

          • 0
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            JR had brothers and a son plus any number of cousins! He did not think there should be a dynasty, though he encouraged RW!

    • 8
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      I think MR can read as most people in Sri Lanka but does he understand what he reads is quite a different issue.

      • 3
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        @ burt

        Yes, as a synthetic lawyer he can read. The question is whether this bugger can understand the nature, effect and content of any document on which he places his signature??

    • 2
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      Manel Fonseka –

      Why Can’t The Rajapaksa Creed And The Medamulana Nikaya Candidate Contest a 3rd term?

      Whether he can or not, he should be defeated… No more Dynasties in a Republic..

      Time for change…..and Time for Common Sense Pamphlet…..

      https://www.colombotelegraph.com/index.php/the-rajapaksa-creed-and-the-medamulana-nikaya/

      The Rajapaksa Creed And The Medamulana Nikaya
      | by Tisaranee Gunasekara

      Mihin Air is a metaphor for Rajapaksa economics.

      A budget airline was neither a national deed nor a popular demand. Mihin Air, the first state entity to be named after President Rajapaksa, never made a profit in its existence. It loses billions of rupees annually, and yet its continued existence is not in doubt.

      Mihin Air was the first of a kind, an economic project with a single raison d’être – pandering to Rajapaksa megalomania. Today development has become coeval with such projects, from the Mattala Airport and the Colombo Port City to the Hambantota Port and the Lotus Tower.

      The Hambantota attack on UNP parliamentarians too is a trendsetter. That wanton and daylight assault was necessitated not by governmental or SLFP interests but by Rajapaksa interests. The Rajapaksas need to ensure that the opposition (and especially the UNP) remains forever in a supine position. Any sign of oppositional rejuvenation, however infinitesimal, is thus met with hysterical rhetoric and disproportionate force. The Hambantota attack indicates, again, that if the opposition manages to produce an effective leader, the Rajapaksas may not hesitate to do a Marcos (vis-à-vis Benigno Aquino) or a Somoza (vis-à-vis Pedro Chamorro). Now that the Tiger has been resurrected, the Siblings have a readymade scapegoat.

      Just as Vellupillai Pirapaharan could not afford a lasting peace, the Rajapaksas cannot afford to lose power. Imagine Gotabhaya Rajapaksa returning to ordinary life or Rajapaksa progeny managing without the power and the wealth of the state. The Rajapaksas need to keep the opposition debilitated and divided. The survival of their familial project depends on that.

      The anarchic conduct of the BBS et al too is indicative of emerging trends. The Rajapaksas can beat back a Sinhala opposition, a Tamil opposition and a Muslim opposition. But a Lankan opposition, united across ethno-religious divides, can mount an effective challenge to the Family. Therefore the Rajapaksas need to keep the country ghettoised, politically and psychologically. The PTA will be used to discourage unity at the grassroots level; activists who promote ethno-religious sympathy/cooperation will be arrested on terrorism charges; or they will be accused of causing inter-communal disharmony. But state repression will not be enough; this is where the BBS comes in.

      The BBS et al have adopted the strict communalisation of politics as their current battle-cry. They demand that Buddhists should talk about Buddhist-grievances, Tamils focus on Tamil-problems, Muslims stick to Muslims-issues and Christians concentrate on Christian-matters. Human sympathy and political solidarity across primordial and ideological divides are represented as betrayal of nation/religion. When the UNP organised an exhibition about human rights violations across the country, the BBS made a not very successful attempt to invade Sirikotha, accusing UNP leaders of betraying the Sinhalese by mentioning Tamil victims (that, according to BBS-logic, is TNA’s responsibility).

      With a presidential election reportedly in the offing, the BBS seems to be shifting fully to the new mode. Halal and slaughter issues are forgotten. The saffron-thugs are demanding that political and religious correctness be equated with ethno-religious ghettoisation. If the opposition manages to field a presidential candidate who can unite the communities, the Rajapaksas will use the BBS to attack opposition meetings, while police looks on.
      The BBS et al have another very useful purpose – terrify minority politicians into submission. The drubbing the SLMC received at the March PC polls is indicative of the minority mood. The Siblings would know that electoral-logic might compel even the most abject minority politicians to reconsider their options and allegiances. In that context venality may not suffice to keep Tamil/Muslim/Upcountry-Tamil politicians under Rajapaksa thumbs. The BBS, with its anarchic conduct, is filling the gaps with violence.

      The BBS invasion of Rishard Bathiudeen’s ministry is an excellent case in point. A handful of monks invaded the ministry in the minister’s absence and were allowed a free run. The police which hammered innocent commuters in the Fort Railway Station, the previous day, did nothing to stop the saffron-lawbreakers. A senior cop is on record, assuring Mr. Bathiudeen that the monks will not be allowed into the ministry, so long as the minister is inside: “Sir, you are a cabinet minister. I have come to protect you as a cabinet minister. I will not allow anything to happen to you.” The unsaid message will not be lost on such an arch opportunist as Mr. Bathiudeen – he is protected by ‘law’ only so long as he remains a cabinet minister; if he leaves, he will be left vulnerable to the marauding monks. Since Mr. Bathiudeen is as concerned about Muslims as the Rajapaksas are about Sinhala-Buddhists, he will betray his constituents with alacrity in return for Rajapaksa protection. (Incidentally, Minister Bathiudeen’s current plight is partly self-inflicted; he took the law into his hands and attacked a judge, in 2012. Today he is a victim of the climate of lawlessness he helped to create).

      Casino Bala Sena

      The BBS et al are given the same free hand accorded to the likes of Mervyn Silva and Eraj Fernando, because they are primarily and mainly Rajapaksa pawns. They may occasionally criticise the ruling family but they will never act against familial interests – as is evident from their consistent refusal to take up the casino issue.

      Two delegations consisting of several Sinhala-Buddhist organisations met the Malwatu Chief Prelate on Wednesday. The National Sangha Council delegation focused on the casino issue. The BBS/Ravana Balaya delegation ignored the casino issue and focused on the ‘threat to Buddhism from unbelievers’. At the conclusion, BBS head-honcho, Galagoda-Atte Gnanasara Thero said, “Fundamentalist cliques belonging to other religions are operating in Lanka…. Some priests of these non-Buddhist religions betrayed the country by sneaking to the US and Geneva…. We will become very agitated in a couple of days…..”

      The regime is planning to ram through the Strategic Development Act, creating a wide backdoor to mega-casinos. This is an issue which reveals Rajapaksa hypocrisy. It is also an issue on which the Opposition is clearly in synch with the Sinhala-Buddhist majority and a majority of monks. The Rajapaksas therefore need to prevent an anti-casino agitation from getting off the ground, bringing representatives of all ethno-religious communities onto a single platform. What better way to do that than to unleash the BBS marauders screaming about Muslim, Tamil and Christian threats?

      During times of extreme socio-economic distress, suffering multitudes turn to religion for solace, particularly when systemic forces fail to offer any hope. The other function of the BBS is to step into the breach, and blame Sinhala-Buddhist economic distress on ‘Tamil/Muslim/Christian exploitation’. This is why both the BBS and the Rajapaksas are trying to maintain the myth about an independent and uncontrollable BBS.

      Like in the case of Lankan militarization, the Rajapaksa-Sangha nexus will not be a relationship of equals; the Sangha will be pawns rather than partners, Buddhism merely a weapon and a shield. The Rajapaksas, in the interests of their familial project, will do to Buddhism and the Sangha what they have already done to every other Lankan institution, from the Judiciary to the Central Bank.
      It’ll be Buddhism devalued and debased.

      • 2
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        Amarasiri

        You are a waste of time and space.

    • 5
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      Fazl Muhammed,

      Apart from not reading Colombo Telegraph, Mahinda Rajapassa has never played Cricket.

      He is no Gentleman either. Rather a self-declared “Game Baiyya”!

      Therefore Supreme Court’s verdict will be Rajapassa can run for a 3rd term.

      Cheers!

      • 1
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        @ Ben Hurling

        “Therefore Supreme Court’s verdict will be Rajapassa can run for a 3rd term” UNTIL HE AND HIS BROTHERS GET A LIFE TERM!

    • 1
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      Nor does he understand cricket, a gentleman’s game. Merely wearing ball guards is not enough!

  • 7
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    Mahinda Rajapaksa is no JR Jayewardene. He could care less about the constitution as long as he wins the next election. I for one like to see Mahinda Rajapaksa break all the rules and become the next elected President.

    I would like to see the drama continue and see what will happen when United Nation start to corner him while he is the President. I enjoy watching, The UN vs Lanka Scenario. Let Mahinda Rajapaksa win again.

    let the Chess Game continue.

    • 1
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      Rupathy

      “Mahinda Rajapaksa is no JR Jayewardene. He could care less about the constitution as long as he wins the next election”

      If the people still want to elect Mr. Mahinda Rajapaksa, despite the 2-term restriction, so be it. he had to be beaten at the polls, if people do not want the Dynasty,

      Ranil agrees to common candidate other than himself, and common symbol

      http://lankaenews.com/news/114

      (Lanka-e-News- 05.Nov.2014, 5.30PM) UNP leader Ranil Wickremesinghe by yesterday evening relented and changed his stance amidst the stand taken by a group mainly of the intelligentsia and a group that is close to Ranil within the party who are against the earlier recalcitrant attitude of Wickremesinghe . This group is of the view that because of a single individual the aspirations of the country cannot be compromised , and that if Ranil is an impediment to the talks aimed at a common opposition alliance, another alternative must be sought .

      Earlier on Ranil declared that the UNP candidate for the Presidency should be himself , and the other parties should extend support to him . And if he is not the Presidential candidate , Sajith shall be .

      During the discussions yesterday(04) evening with the participation of MPs and lawyers aimed at arriving at a final decision ,Ranil had concurred in the proposal to field a common candidate who will be somebody other than himself. He had also agreed to a common symbol and a common front.

      Meanwhile Mangala Samaraweera gave notification that he would have to take a decision politically if the formation of a common alliance that is imperative to defeat the Rajapakse regime is further delayed , which is the result of falling victim to the manipulations of the mini group comprising Sajith –Tissa –Marikkar who are dancing to the tune of the conspiratorial Trico . This notification had exerted intense pressure on Ranil to think sensibly and change his previous stance.

      The whole of yesterday , UNP leaders and MPs have brought pressure to bear on Ranil , and pointed out to him , if Mangala Samaraweera is lost who did yeoman service in the best interests of the party and toiled towards forming a common alliance an indispensable prerequisite for UNP victory at elections ,by falling prey to the Sajith –Tissa conspiracies , it could mean a most costly blunder and an irredeemable loss.

      Ranil had then met with Samaraweera , and questioned him what post he would prefer to have to solve the present issue . Samaraweera had replied , he had never sought positions and posts in the pursuit of his political career , and his need is to steer the opposition to victory via a common alliance. He had also advised Ranil , therefore to clear whatever impediments that are obstructing this journey to victory

  • 1
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    Manel Fonseka –

    “An amendment to the 2 term period requires a 2/3 majority in Parliament PLUS a Referendum. The “old fox” himself said so.”

    So, Mahinda Rajapaksa need to go for a referendum First.

    Is term referendum greater than 50% or greater than 66.667%

    • 1
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      No.. That is just what JR wrote. MR now rewriting it. Even ManelF accepted what JR wrote and think that is the truth. JR openly said he could do anything other than sex change of his peasants, S-Sinhalese accepted that. Now MR rewriting the truth.. MR knows even he can do sex change if he wants, more powerful than JR. nothing really change..

  • 2
    2

    Manel Fonseka.

    Thanks for this crucial information. I wish you had published this before. Our Supine Court would have had at least the opportunity to read what JR thought about the third term, before rendering their advise on MR’s two questions on the consitutionality of his contesting for a third term.

    The man batting now wants to keep on batting forever, without wickets, bowlers and fielders.

    The old fox , as a cricketer would have said, this is not cricket, although he played a bad game when on the pitch.

    Dr.Rajasingham Narendran

    • 2
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      Dr.RN

      “Thanks for this crucial information. I wish you had published this before. Our Supine Court would have had at least the opportunity to read what JR thought about the third term, before rendering their advise on MR’s two questions on the consitutionality of his contesting for a third term.”

      ha,ha,ha,ha,ha Cheap Justice has already decided the verdict before he framed the two questions.

      I thought you were living in srilanka,not western world.The institutions that the british handed over have all been hit for sixes.

    • 0
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      Dr., I didnt find the press cutting until late in the night. And then there was a delay while it was sent to people who might use it. Finally, when I tried to get it into CT, it took quite a long time.

    • 0
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      The man batting now wants to keep on batting forever……….

      Truth to tell, the Rajapaksa’s like nothing better than batting to their own bowling.

  • 5
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    J R Jeyawardene is the father of the Sinhala nation, who created a constitution for Sinhala hegemony over the island, told the following infamous, irresponsible statement not expected of a statesman to the whole world:

    “I am not worried about the
    opinion of the Jaffna people…
    now we cannot think of them,
    not about their lives or their
    opinion… the more you put pressure in the north,
    the happier the Sinhala people will be here…

    Really if I starve the Tamils out, the Sinhala
    people will be happy.”

    – Sri Lanka’s First Executive President, Daily
    Telegraph, 11 July 1983

    Of course, Maha Loka Mahinda Rajapakse went the whole whole hog; not only he starved but denied water and medicine to more than four hundred thousand Tamil civilians in Vani war, and killed en masse more than 150,000 of them – men, women and children.

    These are the leaders ruling Sri Lanka since independence in 1948.

    Makea thamai appe aanduwa!

    Real miracle of the modern civilized world.

    • 2
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      May the bastard burn in hell for ever!

  • 3
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    A waste of time discussing the third term. The ruling is worded and will be read by the good folks at the Supreme Court.

    As a contributor to this forum opined, shall we discuss the 4th term ?

    Why waste time, no ?

  • 1
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    Manel Fonseka,
    It is a pity that your article did not appear before 3.30 pm on Friday . Anywlikeetter late than nifver.you ve enlightened many of the CT readers.Thank you.

    Our former Diplomatic Super Man DJ wants MaRa to win at any cost because there is no credible common candidate who can beat MaRa in the forth coming presidential election in January.
    I would like to see a response from DJ, RAJIVA & TAMARA on JR J ‘s clear stand on the 1978 constitution and the effect of the 18 th ammendent favouring the current President MaRa (he won the 2nd term before the 18th ammendment and did not have 2/3 majority when he won ) via an opinion by the CJ and his team.

    Which is superior Opinion or referendum ? Will there be a referendum on the opinion limited atleast to the BASL, if it can not be carried out for the whole nation.

    In my opinion these three will go along with GLP and GOMIN’s opinions or borough and repeat like
    Parrots.
    I had a dream that DJ is going to be posted to Israel as a diplomat once MaRa wins the 3rd term and Tamara to Palestine.So MaRa’ s 3rd term is going to be the golden era of SL.

    • 0
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      Please see my answer above to Dr Rajasingham Narendran. As soon as I discovered the press cutting I conveyed its contents to a lawyer involved with submissions to the SC, and also Bar Association. It was also vital to get it into newspapers tho sadly none of them published it on Monday. It must have been too late on Monday night when it got to them. CT, as I can see from the replies here, was not an obvious urgent forum. Hardly anybody who has blogged here seems to recognize the importance of JR’s statement and most of them are talking about something else. It even took me a long time and several emails to get it accepted at all by CT — I was bursting a blood vessel!

    • 0
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      For yr info, BBS Rep, I will never forget some of JR’s cynical sayings. One was “I am at the head and hit the stomach”. Another “Let the robber barons come.” These are just two small instances that I will always associate with him. And there are so many actual ACTs that one can never forget that there is little chance that I would regard him as “a gentleman” whatever he said about his playing cricket.

  • 3
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    cricket is played by gentleman.M.R plays chuck gudu

  • 3
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    The rajapaksa’s have tasted power and wealth, and they are reluctant to let it all go. It has given them more wealth than we can imagine, and the ability to get away with crimes against humanity, corruption, and deceiving the international community.
    It seems like MR wants to bend all the rules to stay in power for yet another term, even against the constitution. The regime has too much to lose. All 300 of them.

  • 0
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    Even the then Opposition begged uncle JR to go for a third term..

    If not for the TNA and the Diaspora , Keselwatta Kid would have done the same…

    • 3
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      K.A Sumanasekera

      Since you have started writing in riddles could you crack these ones below:

      What has a neck but no head?

      Which month has 28 days?

      • 3
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        Hey NV, to be honest I cannot stand you. But Sumanasekeram is a common clown we both share our comments. To answer your question, please see below;

        What has a neck but no head? Sumanasekeram.

        Which month has 28 days? February, since that is equal to the time Sumanasekeram spent studying in his entire life.

  • 2
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    Manel,

    Though your write up does not directly praise JR, your reference to cricket and JR not wanting to play a third innings in respect of conventions of cricket may lead the reader to assume that JR was a man of superior quality. However going by the results of the game of politics he played I assure you that he often bent the rules of common decency.

    His legacy is full of bloodshed and skulduggery. One of the worst massacres in modern Sri Lanka occurred during his tenure tacitly encouraged by his irresponsible speeches. He ultimately gave LTTE the cause that brought in thousands of new recruits and hundreds of thousands of new sympathisers.

  • 2
    0

    Many thanks Ms. Manel Fonseka. This is very important information. Could you please publish the whole interview? Dr. Shirani Bandaranayake and others at the SC unfortunately made a great mistake in 2010 by not directing the 18th Amendment to a referendum.

    I met President Jayewardene on 19 April 1993 for a research interview. He said “Now I believe six years for a presidential term is too much. It should have been four years.” He also added “this is the first time I am saying this.” This was few days before Athulathmudali’s assassination. Since I am not a journalist, I didn’t use this information publicly. However, I recollect that he said the same thing to a journalist after Athulathmudali assassination although I don’t have any trace of that newspaper. Perhaps he was feeling R. Premadasa was accumulating too much power given the lengthy term although he did the same.

    • 0
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      Dr Fernando, I laboriously typed out that extract from his interview late at night. It would take me a long time to type the rest which, I assure you, has no relevance to the current issue. I kept it originally for what JR had to say in it about the Referendum — about which I wrote at great length in 1983. If I can organise a scanner I will try to send it to CT. But will they publish it? It is very long.

  • 1
    0

    Who is JR to make such comments and who cares even he did so. Did he hold a referendum on any of the amendments he did to his own constitution. Even the amendment he brought to oust the leader of the opposition on otherwise illegal process as determined by the Supreme Court did not have the honour of a referendum. Even the very constitution introduced to the people was not supported by a referendum. Carrying on the 5/6 majority he obtained from a different parliamentary system he carried to the new house without a referendum. But when arbitrary two term limit for electing a president was transferred to the people to decide which is a more democratic process JRJ suggested a referendum.

  • 0
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    JR was too worried that his rest of the thug life, after presidency, going to suffer in the hand of other thugs for 12 years. He had grown old to walk for Kandy too.

  • 3
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    Manel Fonseka:

    I thanked my sponsors and declined to accept their offer. Moreover, as a cricketer I was aware that in cricket, there are only two innings given to a side, and there is no third innings.”

    I rest my case.

    JR provided the perfect answer.

    Cricket is a Gentleman”s Game. But what we have in Sri Lanka is a Boxing Match not Cricket. In boxing the fittest wins. Manhintha is not only the fittest in Popular support with 20 minion racists who would rally round to his call but also has his stooges in SC the likes of Mohan Peris to deliver the “KILLER PUNCH” so interpreting the constitution to suit Mahintha is not a problem. What we have is a RUMBLE in the JUNGLE and we all know who won that contest with a Killer Punch in the 8th Round.

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