23 October, 2020

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“It Is The Law Because I Say So”- Gota

President Gotabaya Rajapaksa’s statement that his verbal orders must be considered as circulars coming from the “Executive President” will have adverse implications for the public sector and for governance.

“For government to function efficiently and smoothly, there is always a set of laws, regulations, rules and procedures. These are referred to as ‘written law’. Imagine a public officer in Hambantota who acts according to a written circular and is issued a charge sheet saying that he should have acted in accordance with a verbal order to the contrary issued by the President while on an inspection tour in Vavuniya. Is the Public Service Commission to find the officer guilty of violating the President’s verbal order? When the PSC’s disciplinary order is challenged in the Supreme Court in a fundamental rights application, will the Supreme Court apply the circular or the President’s verbal order?” a retired Ministry Secretary told Colombo Telegraph on the condition of anonymity.

The former Secretary said that the President appears to be under the assumption that as President, he can give verbal orders which have the force of law. It was in the time of the Kings that whatever emanated from his mouth was unchallengeable law. Law was what the King said. Is this the President’s notion of the rule of law?

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  • 26
    0

    Simple – your choice : Rule by Fiat or Rule by Decree. All legislative Acts in limbo.

    • 2
      9

      Mr. MyView,
      .
      “”Rule by Fiat or Rule by Decree””
      .
      Fiat –
      It is a noun.
      a formal authorization or proposition; a decree.
      Ex.
      “the reforms left most prices fixed by government fiat”
      .
      Of course that is what government do.

      • 11
        0

        Definitely not – Governments serve the electors by adhering to the Rule of Law in a democratic framework. Rule by fiat or decree is by absolute authority in any sphere by a person or a few persons aka dictatorship..

        • 7
          1

          My view,

          I think you sound to be new to this website.
          .
          Please no point of arguing with Ms Pasqual. Mostly, she does not know what she is talking about. She would not agree with you or others on this website, because she is the best example for a brainwashed srilanken.

          These women would do any low work for Rajaakshe rascals. You could guess why ? So please dont let your precious time be wasted with the kind of dimwits.

        • 2
          4

          My dear,
          .
          “Governments serve the electors by adhering to the Rule of Law in a democratic framework” – Yes. I agree.
          .
          But…..
          Do you know that in most democratic frameworks “Rule by fiat or decree” is accepted.
          Most common and modern example is US. (But US executive orders are subject to judicial review).
          .
          Technically, countries like France, Argentina, India, Hungary, US, Russia(ukase), Ireland and Venezuela accepts “Rule by Decree” in emergency situations.
          .
          In France “Rule by Decree” is used by Charles de Gaulle in 1961 during the Algerian War.
          .
          In India Prime Minister Indira Gandhi had laws passed that allowed her to “Rule by Decree” from 1975 to 1977,

          • 7
            0

            Do you know that in most democratic frameworks “Rule by fiat or decree” is accepted……………..??.
            Yes under emergency situations only as in all your examples except Indira G and then you know what followed – Congress wipeout virtually.
            Anyway thank you for agreeing to a basic tenet ; “Governments serve the electors by adhering to the Rule of Law in a democratic framework” . Muchas Gracias.

    • 4
      0

      Dear All and SENIORS of this website
      – please add your FACTs, we need to learn more about OUR FUTURE RAJATHUMA…

      I was informed that GOTLER had never earned a basic degree. How come he to have studied a post graduate degree ? As following link provided it…

      https://en.wikipedia.org/wiki/Gotabaya_Rajapaksa
      .
      Private life
      Following his retirement, he read for a postgraduate diploma in information technology from the University of Colombo[18] and joined Informatics, an IT firm based in Colombo as a Marketing Manager in 1992. He subsequently migrated to the United States in 1998 and worked in Loyola Law School[19] in Los Angeles, U.S. as a Systems Integrator and Unix Solaris Administrator.[20]

      • 1
        3

        LM,
        Even if we don’t like it, Gota is probably the most educated in his family. But that doesn’t make him a genius. Some people let their education go to their heads.
        Still, we shouldn’t fall into the trap of thinking that only paper qualifications matter. A.Y.S. Gnanam, whose family owns the biggest IT Park in the country, was no graduate.

    • 5
      1

      Even a down syndrome patient would be seen as ” intelligent” so long he or she would not add anything.
      :
      Likewise, Gota is seen the great leader for those 6.9 millions, so long he stays away from press. His election is like a square peg in a hole. Much is to be revealed next few months. ????????????????????????????????????????????????
      :
      Our Ms SCP with high level trainings gotten by RAJAPKSHE UNDERWORLD CENTRE, could pass the message to GOTA next time:
      :

      • 5
        0

        Please FORGIVE me if I insulted anyone taking DS patients example, but I just wanted to show you the readers, that GOTABAYA should not have reacted the way he displayed it last week. ?????????
        If civilized leaders made such statements in public, they would not wait to correct it that long. He should come very an apology detailing his thoughts. Else, even any simple simon would get misled.

        I know about DS patients from one of our researchers AND that was the reason I added above comment.

  • 47
    3

    It has been only a few months, and the arrogance and signs of autocracy are very obvious in his attitude.

  • 24
    1

    Gotabaya violated the environmental rules by ordering the army to build the road in Sinharajah without environmental evaluation. Now this statement. This clearly shows he and his Rajapakse family do not care about the rule of law or following proper procedures. This is also shown in the withdrawal of COPE in 19A and the clause where the President cannot be taken to court.

    Getting a circular to follow is a fundamental right of a Govt official. In the absence of a circular, if an issue arises then in a court of law it could be argued “he said she said”. Its a fundamental right to safeguard a Govt official a circular should be issued. This statement of Gota is a violation of the fundamental right of a Govt Official. Its time to go to court and file an action against the President before 20A gets passed.

    • 2
      19

      Mr. Buddhist1,
      .
      Try……
      .
      You are welcome.

    • 2
      20

      Mr. Buddhist1,
      .
      And…..
      Best part is…..
      “”…..before 20A gets passed.””
      .
      Thank you for the confidence you placed on us.

  • 12
    9

    It’s time GR does things in the right way in order to get the country become prosperous and peaceful.
    People expects this from him

    • 21
      1

      Naman,
      I don’t know what do you mean by country become prosperous and peace. The country is divided and not in peaceful after GR took power. In one part of the country people are in continuous fear and terror while the whole country are in dark about their future.Respect for rule of law, justice and equal opportunity for all and economic prosperity are fundamentals of the country being prosperous and peace.

    • 19
      1

      Authoritarian regimes do not do things the right way. They go against the Constitution, laws, and norms, but pretend they love the country.

      • 1
        17

        Mr. Ashan,
        .
        IDIOT…..
        .
        This is not a “Authoritarian regime”
        .
        This government is elected by people.
        This president is elected by people.
        .
        The people’s mandate is confirmed in 4 elections.

        • 8
          0

          SCP,

          I think you were just standing before a mirror right ?
          .
          Else, how can you call someone ” idiot” ?

          Or were in the same mode of MILLITARY mentarliy as your GURU Gotler ?

        • 8
          0

          Some confusion there. Election is one thing, agreed, but turning that victory to trample democratic freedoms later and FORM an authoritarian rule by 20A is another, and the point under discussion here.

  • 11
    1

    When International Agencies accused Old King that he committed war crime in Mullivaaikkaal in 2009 by killing innocent 150,000 civilians, he said it was only Humanitarian Rescue Mission Operation and Rapist Army fought with UN Charter in one hand and rifle on the other hand. Old King agreed to UNSG to investigate & answer to accountability and responsibility of the excess committed. Yahapalanaya signed an agreement with UNHRC to implement that promise as Resolution 30/1. Now this highest level official promises to given to International Community is denied and withdrawn. UNHRC High Commissioner Bartlete commented about it in the current sitting. The Core Group spokesperson Rita French also commented that they lost the faith on the internal procedures of Lankawe Aanduwa. Now CT is reporting that president insisted that his verbal talks have to be taken as official orders and acted upon. This is the man under heavy influence of substances asked a BBC interviewer “Who is Lasantha?” . Lasantha is suspected to be murdered by this man and case in California court is pending for Lasantha’s Daughter. Locally another case, Thajudeen’s murder was dismissed in court last week as the only witness, the Postmortem doctor died for unknown reason.

  • 9
    1

    In 2017, He was accused of using Rapist army to kill Kegalle Jayamanne when Bribery Commission Director Dilrukshi set up motion to investigate Avant Garde, Mig and other defense carried out under this guy’s supervision.
    Apparently, this situation needs a legal clarification taking AG to SC. AG has to issue a statement of the governmental position on future needs for circulars. This order is a fundamental rights violation of all public servants. Public servants bound to a duty range issued with its established formalities. Ignoring those procedures and insisting a public servant to do some action is violating his/her rights to be employed in civil service under the established practices. 19A protects a citizen from the Executive’s orders violating his/her right. Allowing this to continue can further complicate situation after the 20A.
    Beyond the right and wrong on the executive’s new order, which’s character shows, in their own opinion to what extent the country has been corrupted by ruling dictators. The Sinhala Buddhist rulers sowed the corruption in flawless system that was established by British Colonial Administrators and efficiently maintained to the praise of neighbors, by Tamil civil servants. To fix 72 years corruption, this imbecile person is standing for TV and ordering to act for his word of mouth. This will not fix any problem country is facing, but going to aggravate further.

  • 2
    12

    Well,….some enumerated executive powers are ok.

  • 10
    0

    Is GR this ignorant and naïve? Or showing off? Or has he completely gone off his head due to the adjective “Executive”? Looks he is coming from the lineage of “Maha dena muththa”, modern day “Sir Kew Law”(circular- සර් කිවූ නීතිය) who said to his minions “when I am not around, what would your future be”? Appears he hasn’t learn any law and order, or to follow rules and regulations from USA, after living there over 20 years. Even when we hire a domestic help, we have some kind of a written agreement, not word by mouth. Even a mason who comes to put up a wall would write something and get it signed before work starts. GR seems more unstable than Maithree. He should realize this carrying children and taking pictures is a decades old trick. It is hard to believe even the “Baiyas” would fall for that. Most interesting part is Lalith is sitting next to GR and laughing at the public servant as if he hasn’t learned a lesson from ‘Sil redi” deal, by following the orders of the other Rajapakse Executive. He would have felt sense of Déjà vu, though he laughed at the public official.

  • 8
    1

    It said people get the government they deserved. This is exactly what happened at the Presidential and Parliamentary elections. I won’t be surprised if Gotabaya Rajapakse announces that he is the king of Sri Lanka and the Rajapaksas are from the Royal family like Queen Elizabeth 11 of the United Kingdom.

  • 2
    0

    “L’etat! L’etat ce moi!” (“State! I am the State!”) said King Louis of France and the King got beheaded. I have repeatedly said that the approach of NGR and SRP, the main contenders in the Presidential race, is the same. While SRP, long before he even got elected maintained that whatever he says is the gospel truth (Words emanating from “Sri Muka”) while NGR now says what I say is the law or an executive order (I am the Executive President! My Foot!). Even Donald John Trump signs an executive order and that is the “American Circular” for all intents and purposes. The first instruction that Winston Spencer Churchill as the War time Prime Minister of UK was that every instruction from him would be in WRITING and he did win the war. Sri Lanka was only a dot in the Indian Ocean for them. Our friends here, want the magical power “When I say it must be done”, somewhat akin to the MIDAS touch. Whether it is SRP or NGR those are the sure signs of cracking. The real problem of politicians is the amnesia of convenience. If things go wrong, they will say “I never said that”.

  • 1
    0

    May I ask which law the president has broken? First of all he NEVER said what the heading of this article says. Also, any head of a department or a government office can take decisions on matters which need immediate attention, and give verbal orders without first making or issuing circulars. And this is what the president did too. And the president can actually do this, without breaking any laws. The president has made it clear that people who seek assistance from public institutions must be given an answer as soon as possible. We all know how difficult it is to get even the smallest thing done in a government office, and especially when it comes to the sort of problem this issue is about, namely getting a permit there are x number of officers who want to have a say, just to get a bribe. These things drag on for months on end, and many people experience this process as traumatic. Many times people just give up, because they cannot afford the bribe. The 14 day rule the president has brought in is an excellent thing in combating all inaction and ofcourse action in the bribery department.

    • 1
      0

      How the presidents efforts to effectively deliver public services can “have adverse implications for the public sector and for governance” I do not know. There is no lack of rules, regulations, bills, ammendments, gazette notices, circulars and what not… The problem in our country is implementation.
      Funny that none of the critics of president’s efforts talk about the hardships people go through, because of corrupt public servants. If we had a president who had actively taken part and checking on the issues at grassroots level, like this president some decades earlier, maybe we would not be such a poor third world country today.
      The anti-Srilakan gangs are trying to make our presidents efforts to get things done in this country look as if the president has given orders which break existing laws. There’s nothing illegal or wrong about ordering public servants to do their jobs without idling. 14 days is a long enough time to give at least a feedback on a request or application for a permit. It is clear to any fool that some are trying to make our president’s efforts to get things done into something totally different than intended.

      • 2
        0

        Well said PP. Times are up for the time wasters and their personal agendas. We will see how much more devious this will get as now they be asked to deliver things too very soon for what they receive from the tax man…..must a be terrifying experience please be mindful….as this will be the first time………The last one to see to matters personally was Late Hon Premadasa also upset a lot of people by his actions..demand delivery…”be in and do the job or get out” will be the message soon and will be followed up over few terms as the same will come back again and again too………this is the worst nightmare that could come true to many fellow Countrymen as many never done a days job in their life specially the elected MP’s. This is a military means business this time.

    • 1
      0

      Pp@ those who are standing on their little heads would NOT notice even if anything would have been violated. Best examples u and THAT PASQUALE the like ilk. These criminal s would continue their loot from they failed IT since last 2015. Now they ask us to pay 2000 euro for a return ticket from Europe to Colombo. Bitches sons make ECERY effort to grab it from OUR pockets. ???????????????????

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