27 September, 2020

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Government Rapidly Loosing Legitimacy

By Kamal Nissanka

Kamal Nissanka

The year 2013 started with lots of very bad news and with a gloomy picture. The floods, landslides and rain played havoc displacing thousands of civilians and as reports indicate over 40 people lost their lives.  Then the” Bharatha  Lakshman Premachandra “type of  a murder took place in Kelaniya sending Hasitha Madawala to rest in peace. A four year old girl was raped and murdered in Jaffna.   Google survey released a report saying that the Sri Lankans are the leading navigator of “sex websites”. The price hikes of essentials are surfacing, petrol, diesel and gas. Some university students are yet in remand prisons. Road accidents, murders and rapes are not uncommon in the eve of this year.

In the name of development lots of corruption and briberies are rampant.  A new movement called “Bodu Bala Sena” is sowing   religious vengeance through various means. No examination can be conducted without leaking question papers. No breakthrough in to the investigation of slain journalist Lasantha Wickrematunge after four years of the assassination.  Sri Lankan diplomacy failed to rescue Rizana Nafeek from the gallows. In the midst of all these unpleasant happenings Sri Lanka lost all three test cricket matches played in Australia.

Above all the intolerance displayed by politicians has led the country towards uncertainty. The   executive is not so much happy to abide by Supreme Court decisions. The legislators sign various papers without reason and logic just to satisfy the master through their own slave mentality, an attitude inherits from the Sinhalese social culture.  The impeachment saga reflects the degree of thinking, knowledge and common sense level of our parliamentarians. They are now on the eve of becoming outlaws as they are knowingly or unknowingly violate the oath they took showing the allegiance to constitution and law.

According to the schedule 4 of the constitution which is referring also to articles 32, 53, 61, 107 1nd 165 the oath of allegiance is as follows.

I ………………………………………………………………………………………………………………………………………do                                                                                                                                                                           

Solemnly declare (swear) and affirm that I will faithfully perform the duties and discharge the functions of the office of………………………………………………………………………………………………………………………………………in

accordance with the constitution of the Democratic socialist Republic of Sri Lanka and the law ,and that I will be faithful to the Republic of Sri Lanka  and the law and that I will be faithful to the Republic of Sri Lanka and that I will to the best of my ability  uphold and defend the constitution   of the Democratic Socialist Republic of Sri Lanka”

Accordingly  the President ,cabinet ministers,  elected representatives , public servants , judges, security and police chiefs all have to take this oath  saying that they  will be faithful to Republic of Sri Lanka and  law and it is the duty of them to uphold constitution  that  could be only interpreted by the Supreme Court. If the illegal impeachment saga is not abandoned there is no doubt that they are violating the obligations created by the oath of the constitution because Supreme Court decision on the 1st of January 2013 is law, a binding law.

It is to be noted that a person taking an oath admits that he in good faith assumes and discharges the obligations of oath of allegiance and that his /her attitude towards the constitution and laws of Sri Lanka, country renders him or her duty of fulfilling the obligations of such oath.

If the legislators become “outlaws’ the repercussions will be serious. The government loses legitimacy, as people are sovereign not rulers.

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Latest comments

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    A criminal govt which does not obey the law nor uphold the constitution.
    Members of parliment who have openly and knowingly violated their oath of office.
    Who should prosecute? The attorney general who is a underling of the president?

    Clearly there is a crisis of law and constitution which all but the perpetrators themselves can see. Since the govt is stubbornly maintaining its stance it seems the crisis will prolong and grow in proportion as there will be cascading effect. So we must be prepared for an era of confrontational politics.

    Govt is now confronting the educated proffessionals and intelligensia who manage the key institutions in the country. A prolonged conflict and shutdown of key institutions will result in failure of all its ambitious plans for development and global recognition. Or will wiser counsel prevail?

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    Oh! Really Mr Nissanka?

    So how is the Liberal Party doing? Do you have 50 members yet?

    That is democracy for you. Majority will with minority protection.

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      It is immaterial whether you have 50 members or an one member.What Nissanka has said was stark truth and nothing but the truth. If it is unpalatable it is your own problem and accept it without beating the bush.

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    Pol Tokka seems to be a Pol Booruwa. I say, whether he has 50 members or 5 members it is irrelevant here. First listen to what he says if you have even an iota of commonsense in your headpiece – or the tailpiece where your brain is located.Goda Perakadoruwas of your type are the curse of this country.

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    During our school we had a teacher nick-named “Pol Tokka.” He used to campaign for SLFP led coalition by telling lies. Once I heard him saying to a stranger that he is a Catholic and the UNP has favoured Catholics a lot. This was a ploy by him to change the views of innocent Buddhist to vote against UNP. I knew him as a Buddhist and not only that he was an active member of the Bauddha Balavegaya at that time. If this is the same “Pol Tokka” then he is a big big lier.

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    There was a school teacher nick-named “Pol Tokka.” He used to campaign for SLFP led coalition by telling lies. Once I heard him saying to a stranger that he is a Catholic and how much the UNP has favoured Catholics and the Buddhists do not get that much help. This was a ploy by him to change the views of innocent unsuspecting Buddhists to vote against UNP. I knew him as a Buddhist and not only that he was an active member of the Bauddha Balavegaya at that time. If this is the same “Pol Tokka” then he is a big big liar.

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    This Govet is one that functions on the basis of you scratch my back and I shall scratch yours basis.I was appalled by the speech made by the President when he referred to the husband of the curent CJ as Ape Minhiha and how he shaped up his alleged misdeed in the NDB.The Kelaniya Murder wherein a cordinating secretary of the Minister murdered a fellow supporter of the Govt and had the wherewithal to flee this country before arrest seems to be heading towards the Shape agenda of the President.What we are witnessing now is a reprisals for the belated refusal to tow the line of the Govt by a CJ.CJs will come and go but the principle adopted by the Govt is wrong and I fully accept the stand taken by her.

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    I think this government has long ago realized that they do not need a real majority to get what they want. Violence and more of it can be substituted. The supreme court will be restrained thru violence. No election will ever be fair. Parliament will be full of uneducated thugs. If this is not enough the opposition’s thugs can be bought to cross over. The violence and murder are the only things guarenteed to escalate in the coming years. This all began a long time ago when a certain gentlemen decided that he needs to go to the village and uplift and put these idiots in charge. That was followed by another gentleman who thought he can do everything better including the thuggery and violence. Now the gentlemen are no more and the mutts they bred are in charge.

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    Sri Lanka is blessed with two bob Pundits and Theoreticians who tried two split hairs over the Impeachment issue. Now the impeachment has been completed and these pundits who carried out a vicious campaign against Mahinda and his government should look at some other issue to bark about. Quote “The government has succeeded in achieving its goal by shifting the impeachment battle to the political front, where it is strong. The CJ’s plight became an attractive slogan for the Opposition looking for issues to gain some political traction and bludgeons to beat the government with. It is only a matter of time before she realises that she is in the same predicament as Gen. Sarath Fonseka used and discarded by the oppositional forces, like karapincha or curry leaves; even the trusted lieutenants of the war winning General have ditched him. Pro-CJ demonstrations will continue for a while and then fizzle out when another issue crops up attracting the attention of the Opposition. Lawyers will return to work” Mahinda is a great leader and the best we had in the last 50 years. Support him you Goons and let him develop the country. SriLanka can never repay the debt to him for saving the country from the terrorists. Love to all! Sudu Akka

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