21 September, 2020

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Impeachment: Law Society Of South Africa Calls On SA Government To Take A Stand

By Colombo Telegraph

The Law Society of South Africa (LSSA) expresses grave concern at what appears to be the politically motivated impeachment of the Chief Justice of Sri Lanka, Madam Justice Shirani Bandaranayake.

LSSA Co-Chairpersons Krish Govender and Jan Stemmett

‘It is a matter of grave concern when a country – and particularly a member of the Commonwealth – claims to respect the rule of law, the separation of powers and the independence of the judiciary and legal profession on the one hand, but appears to violate these on the other,’ say LSSA Co-Chairpersons Krish Govender and Jan Stemmett.

The impeachment of the Chief Justice comes after the Secretary of the Judicial Service Commission (JSC) of Sri Lanka, Manjula Tilakarante, was attacked in October last year at a time of heightened tension between the JSC and the Government of Sri Lanka. ‘These incidents are indicative of the erosion of the Rule of Law and the fact that the Sri Lankan government appears to be intimidating the judiciary and the legal profession,’ say Mr Govender and Mr Stemmett.

They add that the UN Special Rapporteur on the Independence of Judges and Lawyers noted with concern at the end of last year that attacks and threats against members of the judiciary and lawyers, as well as interference in their work, have dramatically increased in Sri Lanka over the past few months.

The LSSA calls on the South African Government to condemn these developments in Sri Lanka and to urge the Sri Lankan Government to reinstate Judge Bandaranayake as Chief Justice. The South African Government must not be seen to remain silent in the face of these violations of the Rule of Law, while at the same time increasing its bilateral and trade relations with Sri Lanka.

The LSSA plans to take this matter up at the 18th Commonwealth Law Conference being hosted by the Commonwealth Lawyers Association and the LSSA in Cape Town from 14 to 18 April 2013.

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Latest comments

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    Sirasa Best Voice Cut Competition is going on now whereby it hopes to engross the people in triviality forever!

    Let us conduct our own one, “The Best Intra-Nation To Do Pledge” to estimate our geo-political rating and dignity as a nation:

    This is the Secretary of Commonwealth:

    “The dismissal of the Chief Justice will be widely seen, against the background of the divergence between the Judiciary and the Legislature, as running counter to the independence of the judiciary, which is a core Commonwealth value.

    “I have been in touch over recent days with the Government of Sri Lanka at the highest levels and had offered Commonwealth assistance to find a way forward from the constitutional impasse. I will continue to remain engaged with the Sri Lankan Government following today’s developments. I will also consider further Commonwealth initiatives and responses as are envisaged in situations that could be perceived to constitute violations of core Commonwealth values and principles,”

    This is LSSA Co-Chairpersons Krish Govender and Jan Stemmett:

    “The LSSA calls on the South African Government to condemn these developments in Sri Lanka and to urge the Sri Lankan Government to reinstate Judge Bandaranayake as Chief Justice. The South African Government must not be seen to remain silent in the face of these violations of the Rule of Law, while at the same time increasing its bilateral and trade relations with Sri Lanka.

    The LSSA plans to take this matter up at the 18th Commonwealth Law Conference being hosted by the Commonwealth Lawyers Association and the LSSA in Cape Town from 14 to 18 April 2013″.

  • 0
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    Lets see if the commonwealth really stands for its values and principles. To have a tyrant and neo dictator like MR in the chair for the next term will make the commonwealth a big joke. Values and principles gone to the dogs.

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    What a joke.

    This South African Govt shot 40 poor miners in one hit.

    And arrested the fellow miners and put them in the slammer.

    And l these poor souls were not even on a crusade for Regime change.

    They only asked for a few extra Rands to feed their families.

    It is disgusting to see these dark skinned suckers asking the SA govt to punish us inhabitants.

    These suckers were doing OK under the Aparthaid and they are doing even better now.

    So why bother about the poor Blacks.

    And you know what , Didn’t see even Navai Pillai making any noises nor the other do gooders like the AHRC.

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      K.A. Sumanasekera,

      Even a butcher has a conscience and conscience is not conditioned by man’s all the sins he commits! Just as the world do not consider MR as Sri Lanka so is this isolated incident in SA is not viewed as the policy of the SAG but their statement and view quoted above on SL does including the following developments as well!

      “I am writing to express the Law Council of Australia’s concern regarding reports of threats and intimidation against the legal profession and judiciary in Sri Lanka, and to request that the Australian Government encourage the Sri Lankan Government to respect the important roles that an independent legal profession and the rule of law play in democratic societies. The Law Council is particularly concerned about recent reports that the Sri Lankan President, President Rajapakse, has dismissed Chief Justice Shirani Bandaranayake based on a process which does not appear to have been conducted in a fair or transparent manner.” the Law Council of Australia writes to the Minister for Foreign Affairs, Bob Carr.

      “The Law Council considers the existence of an independent, impartial and competent judiciary to be an essential component of the rule of law. The Law Council also considers that any impeachment process regarding judges must involve strict observance of the rule of law. Based on the information available to the Law Council, it does not appear that the process that the Sri Lankan Government has relied on to date to impeach the Chief Justice has involved such strict observance.” wrote Joseph J Catanzariti, the president of the Law Council of Australia.

      “The Law Council is aware that the International Bar Association, the Bar Association of Sri Lanka, the Canadian Bar Association, the International Commission of Jurists, Commonwealth Lawyers’ Association, LAWASIA and the Bar Human Rights Committee of England and Wales have expressed concern about the impeachment proceedings against the Chief Justice. The United Nations Special Rapporteur on the Independence of Judges and Lawyers, has raised similar concerns in this regard.” he further wrote.

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    I think Both UN, CW, USA and the world community should come down hard on President Rajapakse for him to think serious what the International community means Business and not to take them for granted.

    All this time President Rajapakse not only hoodwinked the International community , but also humiliated and made them looking fools.

    From hoodwinking UN, CW on LLRC and human right issue upto fooling India on false implementing 13 + Rajapakse think he can keep on humiliating them and making them a laughing stock and get away from the promises he gave.

    Please see the following web. what Sri Lanka’s Permanent Representative to the UN Dr. Palitha Kohona has questioned the value of the Commonwealth when he was asked to comment on the criticism of the impeachment of Chief Justice Shirani Bandaranayake by the Commonwealth.

    http://colombogazette.com/kohona-questions-value-of-commonwealth/

    MARA is questioning on the validity of UN, CW, USA and other countries who helped him to win the terrorist war.

    Therefore it is time for International community to come down hard on Rajapakse Regime until it RE-instate CJ Dr.Shirani Bandaranayake.
    ————————————————————————-
    Some of the Measures could be.
    ———————————–

    1)Total travel Ban on President ,Govt.Ministers and their Families….as most of their official Meetings are mere Pleasure trips wasting people’s money.

    2) Freeze all aid given to Govt. and direct them through INGO’s.

    3)All IMF, WB Lonas be given only on condition that GOVT. should use them only on people and should stop importing duty free vehicles for Ministers and Govt.Goons.

    4)Restriction on Tourists visiting Sri Lanka

    5) Cancel CHOGM and ban Sri Lanka participating from CW,UN and international conferances, functions and meetings.

    6) Trade restrictions and freeze concessions given to GOSL.

    7)Direct help given to Minority communities and people in need, such as building houses, community centers and Childrens and adult homeless shelters etc.

    8)Direct nutrition programmes, health care and education on needy people.

    9)Freeze all Foreign Personal bank accounts, fund accounts, assets, real estate and shares invested by all Govt. Ministers and their family members.

    10) Give a dead line for change…and if GOSL not agreed use Internal and External pressure for Regime Change.

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