30 November, 2022

Blog

Musings On A New Constitution

By Austin I Pullé

Austin I Pullé

The first in a series of essays about constitutional reforms addresses two issues. First, can Parliament be a legitimate and acceptable originator of a new constitution? Second, why is there a pressing need to repair, or perhaps reconstruct, the invisible infrastructure that is essential for the country to pull itself out of the swamp and to resume the arduous journey to becoming a modern state and a decent society?

a) Whence the new constitution? News stories illustrate the obscene tragedy that is present day Sri Lankan society. The first set of stories reports that more than Rs. 150 million is being used by a drafting committee tasked to produce a new constitution. The latest story is about a horde of brown-nosers, including the head of the supposedly independent police commission who probably used his official vehicle and free gas, who gathered to greet the puppet master at the VIP lounge at the airport and gorged on drinks and food unpaid for. The second is about schoolchildren who save half of their school lunches so that their starving mothers can eat the other half. One is reminded of Amartya Sen’s observation that “starvation is the characteristic of some people not having food to eat. It is not a characteristic of there being not enough food to eat” (“Poverty and Famines: An Essay on Entitlement and Deprivation”.) The callous disregard of the needy shown by diverting precious resources for foreign jaunts with a team of cronies and stays in luxury hotels, a bloated cabinet with luxurious perks, and other wasteful expenditures  on ego boosting trips to foreign gatherings are  telling insights into the character and  values of those who control the fate of the country. These two realities should never be lost sight of when challenging the legitimacy of the present new constitution drafting exercise. 

The first constitution was in the form of an Order-in-Council. The next two were enacted by governing parties that got lopsided majorities because of the first past the post system that did not proportionately represent the popular vote. The people were not consulted by means of a referendum about the contents of any of these constitutions. Referenda as the Swiss have demonstrated is an authentic ascertainment of the people’s will in a democracy. Or, as the UK Supreme Court observed in the case recently decided on the proposed Scottish referendum, “A lawful referendum * * * would undoubtedly be an important political event * * * A clear outcome, * * * would possess the authority, in a constitution and political culture founded upon democracy * * *.”  Can therefore anyone be surprised that none of the constitutional amendments have been put to a referendum with the courts playing a part, albeit allowed by the Constitution, in suggesting ways and means by which a referendum could be avoided and the People’s wishes ignored? Despite all these amendments, the lot of the People has not improved and the latest Berggruen Governance Index plots a steady decline in the quality of governance. 

The previous practice of republican constitutions originating from Parliament should not be allowed to continue. Parliament can never be the source of a new constitution that meets the true needs of the People. Most of us have at one time or another experienced the Dunning Kruger state of mind. Sociologists explain that the “Dunning Kruger effect” takes over when persons overestimate their own abilities and competence because they lack relevant knowledge and skills. Sri Lanka is one of the few countries where the Dunning-Kruger effect is observable across the spectrum of the branches of government, public administration and the professions, starting from the very top for many administrations past and present. A new constitution produced by the drafting committee and rushed through Parliament will, because of the Dunning-Kruger effect and the addiction to perks at public expense entrench much that is foul and despicable in the present system. 

Given past constitutional amendments and judicial decisions reviewing the same, it is evident that ignorance of comparative constitutional law and best practices in constitutionalism is woefully evidenced in the outcomes. There is a noticeable lack of moral and practical imagination of those entrusted with drafting constitutional changes. Appointment commissions, members of which are appointed through a constitutional council dominated by politicians, are proposed as the Deus Ex Machina that will cure the country’s ills. That’s wishful thinking and ignores the tectonic shift that has occurred in the political scene where the People are not so much interested in appointment commissions, unable to discern ethical obligations  as vividly illustrated by the Police Commission chairman who probably abused public resources such as his car and driver provided for work related travel to go to the airport in order to pay homage to his idol, as in stopping waste, fraud, nepotism and corruption, ills that benefit those who govern but impoverish the millions. 

Given the low level of education of parliamentarians and their lower level of ethics, it would be national self-immolation to trust to this lot the task of bringing into being a new constitution needed to realize the sovereignty of the People and to safeguard their fundamental rights. How can one entrust the fashioning of the new social contract to a herd of dumb cattle that raise their hands to vote for one amendment and then turn around and vote for another amendment that repudiates the values of a previous amendment and yet again vote to reinstitute the values of the previous amendment? Accordingly, it is of vital importance that the People demand that the making of a new constitution proceed in a way different from previous constitution establishment exercises. The alternative way should  focus on the needs of the People rather than the present stale old ways of alternating between setting up toothless appointment commissions, reverting to presidential appointments unconstrained by considerations of merits or anti-nepotism, and which keeps the ecosystem of fraud, corruption, waste and despotism undisturbed. 

Legal systems in their wisdom have directed an examination of the source as an indication of legitimacy. In America, the fruit of the poisonous tree doctrine excludes material gathered from unlawful or unconstitutional means. Equity has a maxim, ex turpi non causa oritur, or from a bad cause an action cannot arise. The insight into source and effects has a bearing into the constitution making of the country. The Cardinal who claims to have seen the draft of the new constitution has expressed his disgust at the many provisions that would pulverize fundamental freedoms. What self-respecting society can allow its fundamental charter, the constitution, to originate from a sewer like assembly consisting of a convicted murderer, a convicted extortionist, unindicted individuals like the prison invading gun toting thug, and assorted psychopaths and sociopaths? In other words, the origins of a constitution matter, and in Sri Lanka, parliament is no longer a legitimate origin of the constitution. A better way has to be found. Accepting the current exercise is similar to a flock of chickens signing up to a chicken protection plans drafted by the fox. 

It should be obvious that the People of Sri Lanka will be engaged in an existential struggle to prevent a new constitution that will violate their liberties. Popular opinion must convey in unequivocal terms that any new constitutional draft that originates from the government party in Parliament will be rejected. The People in a referendum, and not Parliament, should be entrusted with providing fundamental inputs and in accepting of rejecting the proposed new constitution. 

Civic society groups who have engaged with governance problems on a daily basis are best suited to consult the people and draft a set of constitutional principles (with alternatives) and have them converted into specific proposals. Indubitably, they have the education and knowledge of contemporary constitutional models to undertake this task. This community is a good starting point. Expert drafts-persons from Sri Lanka and within the Commonwealth should be entrusted with the task of converting broadly agreed principles of constitutional governance into a specific text.

The Aragalaya movement has made it clear that the island is no longer a country for corrupt old men. The aspirations of a new generation tired of identity politics, victims of waste, fraud and corruption, and no longer trusting the usual bunch of scoundrels that prised a boastful strongman out of office is in no mood for another round of constitutional musical chairs. The current lot must be set sailing to Byzantium. However, all sections of civil society need to turbo charge the resistance by producing a draft of a constitution of a modern state making it clear that the priority is and always will and should be the welfare of the People. Otherwise if there is more of the same, such as a military larger than that of the U.K with a budget that exceeds the combined budget of health and education, Sri Lanka will become like Bismarck’s Prussia which was an army with a state.  

b) Repairing the Invisible Infrastructure:

When millions are suffering from hunger and acute malnutrition, the government goes its merry way by having a cabinet and state ministers exceeding fifty with all their perks and privileges with an incidental focus on the economy, the cost of living, inflation and job creation, here too by begging Arab countries, which like Qatar is a way station to the crematoria for South Asians, to take in more migrant labour. The much needed investments, especially high tech related investments, will not come from local investors, many of whom are relocating to tax friendly Singapore, but from blue chip foreign investors. The much needed growth will not come from exporting commodities in a world where there is a glut of agriculture based commodities but by new technologies that leverage the intellectual property of blue chip foreign investors.

Foreign investors locate Greenfield operations in the host country either because of the size of the local market in order to avoid import tariffs (India and China) or to extract resources (African countries), or because of both (Indonesia). Like Singapore, Sri Lanka does not have either of the above. Investors don’t look for cheap labour, because outsourcing has replaced relocation in cutting down on labour costs.

Would Elon Musk set up an Tesla manufacturing plant in the country or would potential foreign investors flock to Sri Lanka because of the least used international airport in the world, six lane highways in Hambantota where the buffalo roam but not where the deer and the antelope play, a cricket stadium in the South or the Lotus Tower in the West? Not the investors that Sri Lankan should attract.

The glaring difference between Singapore and Sri Lanka is that while the latter has bloated physical infrastructure, a source of lucrative kickbacks and of little use to a foreign investor, the former has not only world class physical infrastructure, including a world class airport and sea port, but also a blue chip invisible infrastructure. What foreign investors require, as well as the vast majority of Sri Lankans need, is the invisible infrastructure of Singapore. The country’s planners would have to bridge the gap between Singapore’s invisible infrastructure and Sri Lanka’s invisible infrastructure that is in a shambolic state of disrepair. Fixing the invisible structure would require slaying some sacred cows while going about setting a level playing field. 

For foreign investors, lavish tax holidays given out like cotton candy by the BOI will be attractive but not because of the usual reasons.  All the studies show that tax holiday incentives play a negligible part in an investor’s decision.  The Economist Intelligence Unit will not recommend investment because of the Lotus Tower, the world’s most underutilized airport, and the Colombo Port City. Investors would pay taxes if required if the host country is a good bet but in Sri Lanka’s case, given the rampant corruption in tax collection, investors would want to be free of the attention of the tax person. Millions who read about the Thico Group must be wondering why there have not been reports of the tax department publishing the list of depositors and finding out the origins of such large amounts of money and whether tax had been paid. Because of this, taxes that a high grade foreign investor would otherwise be prepared to pay are lost to the country. Tax and customs integrity important to a foreign investor cry out for drastic upgrading in any invisible infrastructure project.

This invisible infrastructure consists of a rule of law, a functioning legal system, predictability, and professionals such as accountants, lawyers, doctors, and other service professional who are not only competent but also upholders of their respective professional ethics.

Few, if any, would assert that the rule of law criteria listed by Tom Bingham’s book, “The Rule of Law” can be found in Sri Lanka. The principles that the late Lord Bingham lists make up the plinths of the much needed invisible infrastructure. 

The first plinth is a clear set of laws that provide predictability. Take for example, the investment protection treaties that Sri Lanka has ratified. The Singapore-Sri Lanka Free Trade Agreement was signed in a ceremony before the then president and the Prime Minister of Singapore. Notwithstanding this solemn signing, that president, predictably shamed the country, by asking the Singapore PM for revisions. The investment protection chapter in the FTA confers what is called the “national treatment” promise to Singapore investors. In other words, apart from excluded topics such as land ownership, a Singapore investor is to be treated like a local Sri Lankan citizen. Let us assume that a Singapore citizen who is qualified as an accountant, recognized by Sri Lanka, wishes to set up shop in Sri Lanka. She can only do that if there is a law that allows her to do so. As there is no law, she can be injuncted from establishing an accountancy practice. She will then have the right to sue the Sri Lankan state before the International Centre for Investment Disputes or some other arbitral body for breaching its obligations under the FTA. And she will win. 

As every law student should know, Sri Lanka has a dualist system that treats the international law system and the national law system as separate. In other words, Sri Lanka’s international obligations do not automatically become converted into national law unless parliament makes that change into the local law. The then Minister of Trade of the 2015 government proclaimed in his stupefying ignorance that parliamentary action was unnecessary to convert the FTA into local law. No one including his then prime minister, now the President, nor even someone from the AG’s department or the schools of law found it fit to challenge this nonsensical howler. Of course, the howler has taken another form with the President demanding that this FTA be “implemented” having not realized that the FTA not being a self-executing treating needs careful conversion into local law so as to make it effective. His diktat, despite the 20th A, has no effect unless Parliament goes about converting the FTA provisions into law.

The provision regarding foreign investment protection in the constitution merely addressed expropriation. Any new constitution must address the means whereby international obligations including investment protection should be converted to local law. This would prevent a recurrence of decisions such as Singarasa v Attorney General with its cringe-worthy reasoning. Ideally, the executive before it ratifies an international treaty should transmit the same to the legislature together with a draft of the implementing legislation, unless the treaty is a self-executing treaty. 

Investment protection treaties typically provide for an aggrieved investor to seek relief through international arbitration either at the International Centre for the Settlement of Investment Dispute (“ICSID”) or arbitration under UNCIITRAL Rules. Sri Lanka defending its conduct in these fora will find it an expensive exercise. In future investment protection treaties, Sri Lanka could ask its country counterpart to restore the traditional customary international law rule relating to exhaustion of local remedies, which I dispensed with in most investment protection agreements. As its name suggests, the rule requires the investor to try to resolve its problems with the host country as a pre-condition to starting an international arbitration. 

The other country would probably resist the inclusion of such a pre-condition unless Sri Lanka can credibly point out that the local courts are competent and independent and would be impartial in a dispute between a foreign investor and the state. This Sri Lanka will find difficult to do. 

The output of the higher courts, especially in the field of constitutional jurisprudence, has been uneven. To take an example of constitutional jurisprudence, the courts have found the executive presidency’s powers to be almost sacrosanct simply on the basis that the executive president is directly elected by the People. This myopic reading ignores the fact that the executive president is no more than the delegate of the sovereign People under Article 3 of the Constitution and the separation of powers doctrine enshrined in Article 4 implies checks and balances. The American president despite being directly elected, albeit through the mechanism of the Electoral College, has to get his ambassadorial, cabinet, and sub-cabinet nominees approved by the Senate. A little knowledge of comparative law could have served these judicial benches well. The frailty of the premises used by the Supreme Court in greenlight the dictatorial powers of the 20th Amendment  has been turned upside down by the present situation where the current president is someone shoehorned into the position not by the People and rejected by his safe constituency, but by the machinations of a master puppeteer. Yet he enjoys the powers of the draconian 20th Amendment supposedly justified on the ground that the holder has a mandate of more than fifty percent of the People. 

Capacity enhancement of the judicial branch will be a long drawn out process with no guarantee of success. Instead, Sri Lanka should follow Singapore and Dubai in establishing an international commercial court consisting of Sri Lankan and eminent foreign retired judges who can hear investment disputes and private disputes, including contractual and copyright disputes, between the foreign investor and private and government parties. 

The best courts will be of little use if the other pieces of legal system are dysfunctional. A commentator to Colombo Telegraph has written a piece giving chapter and verse examples of egregious misconduct by professional auditors. The legal profession is also one that, like the medical profession where prominent members hounded an innocent doctor falsely accused of sterilizing Sinhalese women, is rife with individuals who breach the ethical standards of their respective professions. Self-regulation by professions often fails in countries like Sri Lanka. In Singapore, the writer was appointed by the then chief justice, to serve on a body charged with receiving and investigating complaints against lawyers. The investigation was thorough and the members were accountable to the chief justice. In California, by contrast, 150 complaints, many of which alleged misappropriation of client funds,  against the “legal legend” Tom Giradi were swept under the carpet until the California Supreme Court disbarred the attorney and the head of the California bar association tendered an abject mea culpa. 

Anecdotal evidence shows that serious ethical misconduct by lawyers is rife in Sri Lanka. Foreign investors expect a competent and ethical bar. The authorities  should either replicate the meaningful oversight of lawyers that prevails in Singapore or they should establish an independent professional ethics body to supervise the legal, medical, and accountancy professions, which would deliver to consumers the quality of professional care that it standard in advanced countries. 

Another standard feature in investment protection agreements is the guarantee by the host state to provide full protection and security. The first ICSID case dealt with Sri Lanka’s alleged failure to meet this standard. Would potential investors seeing the picture transmitted worldwide of the brutal thug in a khaki uniform, his face contorted with rage and violence, grabbing a policewoman really believe that law enforcement would extend full protection and security to their investments?

Katharina Pistor in her book, “The Code of Capital” while exposing the inequality supported by the law and lawyers also makes two important observations. First, the high value transactions are governed either by English or New York law. Second, the high priests of these transactions are a select group of Wall Street and City of London blue chip firms. It is Sri Lanka’s misfortune to be governed by Roman Dutch law. This is exacerbated by a poor knowledge of English by many legal practitioners. To alleviate concerns of top notch foreign investors about these, the new constitution should envisage joint ventures between international firms and local counterparts. Singapore with a very good commercial bar has gone this way. Sri Lanka should follow.

*To be continued..

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Latest comments

  • 7
    2

    Whatever form the Constitution may take, one thing is essential. There must be an Upper House of Parliament. As it is, many crooks and murderers are voted into Parliament simply because they make good speeches, and/or they have the money to campaign. Those with any ability don’t want to go electioneering, and are usually appointed through the National List.
    This way, the President may appoint capable non-political people to Cabinet positions. That purpose, I am aware, may be defeated when a Gota or Maru Sira is the president.

    • 8
      1

      “Millions who read about the Thico Group must be wondering why there have not been reports of the tax department publishing the list of depositors and finding out the origins of such large amounts of money and whether tax had been paid. “
      Well, unlike Singapore, we have many Arahats floating around, including one currently in jail with Thilini. Everyone knows that Arahats can produce gold out of thin air. Who needs bitcoin?

      • 5
        2

        OC,
        .
        The THICO rogue queen is believed to be an abandoned child fathered by the late Somawansa Amarasinghe (AKD’s predecessor in that party), there are ample reports that the wicked woman did not get a chance to continue her schooling beyond the 8th grade.

        https://www.youtube.com/watch?v=1O-leWPdIic

        The MADAMULANA mobster made this woman the messenger, and must be dreaming of destroying the JVP.
        Why can’t the so-called “investigative journalists” in Sri Lanka get the job done…. They are not even able to reveal the truth or not of anything..

        • 4
          0

          LLM,
          “The MADAMULANA mobster made this woman the messenger, and must be dreaming of destroying the JVP.
          Why can’t the so-called “investigative journalists” in Sri Lanka get the job done…. They are not even able to reveal the truth or not of anything..”
          Good question and good positioning!!! – so to say!! Appreciate that guesture, giving me na opportunity to profer and answer!!!???

        • 3
          0

          Continued from part published due error pre-emptive submission
          The last and only known and well proclaimed “INVESTIGATIVE JOURNALISTS” (IJ) OF NO MEAN REPUTE was laid to rest on the streets of Attidiya, Ratmalana ‘CHICAGO STYLE’ by GANGSTERS under the “able and proven” Leadership of grass eating “Mee Harak” from the southern tip of SL, trained and skilled in killing Mee Harak with a ‘Stun Gun’ and ably assisted to cover up with impunity and cover provided by INFAMOUS Mm!!??
          Alas we have no more investigative journalists!!?? Even if there are capable Journalists, they don’t want to venture out to do so, stymied by the thought of ending their lives in the style of the ‘FAMOUS MEE HARAKS’ are used to!!?? DEPLORABLE!!??
          Mm is so skilful, articulate and foresees the future events and necessities well in advance, so there are none existent to unearth the culprit – and in all probability the master mind Mm!??
          Bad Luck LLM, in you venture at finding out through IJ!!??
          Hope when the sunsets eventually on Mm, there would be another reincarnation of IJ like Lasantha Manilal Wickrematunge (LMW}
          The bigger question is whether Sri Lankans merit such incarnation at all!!!

    • 6
      1

      Regardless of the new constitution, the place given to the Sivuru or Sanga cloak in society must be removed from any political parade.
      It is just misleading the nation like no other. This happened again and again.
      If Sanghas aka sinhala budhdist monks can come to Parliament as MPs then all other religious party leaders should be given the same right. It is better to ban any religious leaders at once.
      We know very well how the pinguttara community destroyed the last election by praising GHANAKKK or any imaginable sorcerer men and women who have no knowledge. Nandasena is totally similar to that DHAMMIKA PANIYA maker looking back.
      It’s like driving against a wall, however his bias towards the Election Commissioner and the Rajapaksa gang minimizes the prerequisites a candidate must bring to become the president of the island of 22 million.
      .
      Nowadays, it would be difficult to recruit a cheap disciple among laymen, but it is much easier to wear V8 geil robes. This became part of the political machinery, leading to greater empowerment beyond all thugs imaginable.

  • 6
    1

    You are putting the cart before the horse ……. like most “learnered” Lankans.

    No blooming constitution has ever worked ……. will never work. …….. Troops of monkeys have better constitutions and show better behaviour ……. without the guidance of religions

    First teach Lankans to stand in a queue properly without jumping.

    And get them to observe traffic/driving rules.

    That’ll do wonders more than any frigging constitution no one understands …….. including the ones who write them.


    BTW ……. I’m in Ranil’s committee …….. I can’t even spell constitution …….. let alone write it.


    First start off with drafting a constitution to each and every one of Ranil’s committees ……… by the time it’s completed Ranil will be dead and the country free of him.

    • 6
      0

      nimal fernando

      “BTW ……. I’m in Ranil’s committee …….. I can’t even spell constitution …….. let alone write it.”

      Therefore would like to hire (import) a few constitutional experts from Hindia, China, UK, USA, Iran, … Cuba (Dinesh and Dayan may insist), Russia, ….. North Korea, …. ?

      Perhaps Gevindu Kumaratunga MP, the grandson of writer Kumaratunga Munidasa (founder of Hela Havula, pure Sinhala movement) is the best person to draft a pure Sinhala/Buddhist Constitution, as many knew him as a person who is interested and involved in drafting constitutions, and has handed over various drafts to Gota whenever Gota appeared on stage.

      I understand he is one of the intellectuals along with Weeping Weesekera, Dinesh, Gunadasa, Udaya, ….. who are opposed to any constitution that devolves powers to the people, democratise the country, liberates people from crooks and clergies, …. brings back accountability, law and order, ….

  • 12
    13

    What happened to the proposed constitution of the foxy lawyer , who appears for anyone who pays him big money ?

    Did this lawyer have an idea of our country, culture and aspirations ?

    GR had no idea about anything. In order to please GR the committee suggested that ex-presidents be given life time immunity !

    That is his sense of justice.

    • 10
      7

      deepthi Desperate silva

      “In order to please GR the committee suggested that ex-presidents be given life time immunity !

      That is his sense of justice.”

      What is your sense of justice?

      Both brothers have been accused of being involved in Human Rights violations and some accuse both being involved in Genocide.

      Which of the above two do you think they are guilty of or should be investigated by independent, honest, Judges, without the interference of Chinese Government?

      • 8
        12

        Only way forward for this country is make ranil President for life.

        Old codger -PM

        Vedda- Chief Justice

        Leela -Chief scientist

        We will then become a first world country !

        What bumptious pomposities we produce !

        • 8
          4

          “What bumptious pomposities we produce !”
          The comment language is English.

          • 9
            10

            Old man , tell us what is grammatically wrong with that casual comment – Like your ranil dont bluff us and pretend you know a lot. Clearly explain your grammar

            • 3
              5

              Deepthi the half-baked,
              The meaning of BUMPTIOUS is presumptuously, obtusely, and often noisily self-assertive : obtrusive.
              Pomposities definition: vain or ostentatious display of dignity or importance |
              That’s like saying “a foolish fool” or “a round circle”.
              But I don’t know how to explain that in kindergarten English.
              Just assume that there are many things you will never know.

              • 2
                0

                OC,
                please don’t waste your time on “leaf blowers”. They are very busy in Europe at this time of the year. Sometimes they feel like adding “such words” to stand out in CT.

                They may feel that being in the UK is a privilege. These types of race-specific genes have now been discovered. It is a common trait found in immigrants living in Europe. I see behaviors when I travel in Europe for my job.

              • 3
                4

                Codger, aren’t you a very silly old man ?

                So you are fully baked ? Satisfied silly man ?

                • 1
                  2

                  DS,
                  I don’t take pleasure in snapping at children. Remember only to argue about things you are familiar with.

            • 1
              0

              Not English for even a resident immigrant of the UK!!?? Unlike converting, Portuguese, Dutch, English, Sanskrit and Prakrit to the native language!!!!??? Word usage!!??

        • 4
          1

          DP/aka LESTER,
          What else can we hear from a diehard lackey of Rajapaksa, who is no different than a man with the image of multi-criminal Mahinda Rajapaksa tattooed on his chest? His would always be similar to that of ” covid paniya maker” Dammika bandara… is not that so ?

          The problem before us is bigger and more multifaceted than you realize. if not JVP/NPP should have scored lot more in recent elections.

          It is not with east europeans or any other civilized folks but with srilankens. It is strongly intertwined with Sri Lankan mythology and folly. Almost 90% voter eligible would not be able to see it leaving ” sinhala buddhism” away from their mindset.
          Above all, they should be trained to see it free from religious beliefs. If more money had been invested in parallel for “nation re-building” as soon as “their claiming a war victory” would have settled down to some extent today. “They need to create an informed constituency” and then ask them to vote for competent candidates. It has to be if we are to see real change happen. Basta

          • 3
            4

            I say Leela, your sense of justice and fairness is just like Prabakarans! If they got Eelam it would have been a paradise of human Rights !

            Just because I attack Ranil, your he man wonder boy, you call me a Rajapaksa lackey !

            Can you show me one line where I have praised the Rajapaksas ?

            But I will not call you a lackey of Ranil or Prabakaran. After all what you say may be your own ideas.

            You say MR is a criminal. When was he convicted? Why is Ranil sleeping with him ?

            You say 90% of the Sri Lankan voter sees it as Sinhala Buddhism. Where did you get that statistic from ?

            After all, you say you are doing scientific research in Europe and advancing European knowledge. Your facts must be very objective.

            • 2
              0

              Prof. Deepthi Silva@ aka Lester,

              Please check it again, my facts are innacurate.
              .
              May I ask you where I said ” You say 90% of the Sri Lankan voter sees it as Sinhala Buddhism”?

              LM Quote
              Almost 90% voter eligible would not be able to see it leaving ” sinhala buddhism” away from their mindset.
              LM Unquote

              FYI – Almost all sinhala buddhists are sinhalese.
              So, what I meant is the percetage out of sinhala community.

              So please read will you before jumping to shoot the messenger.
              Further to this; Link
              https://en.wikipedia.org/wiki/2020_Sri_Lankan_parliamentary_election
              Thank you and get well soon !

            • 1
              3

              Inconsistent Deepthi,
              “Can you show me one line where I have praised the Rajapaksas ?

              But I will not call you a lackey of Ranil or Prabakaran. After all what you say may be your own ideas.

              You say MR is a criminal. When was he convicted? “
              Isn’t the last line good enough?

              • 1
                0

                Today’s news headlines revealed that MR and GR have squandered more than RP 500 million on their foreign trips in the last 3 years.

                https://www.youtube.com/watch?v=XJQBb3o81YQ
                https://www.youtube.com/watch?v=bGPyw1Vs3Js
                I also revealed how Medamulana Paraya (srilanka’s SAIBABA) stayed in an unaffordable royal palace in Bolongo, Italy last year.
                Not a single powerful media organization in Sri Lanka stood against it. All this happened as hyperinflation squeezed the nation. What right do Bally’s sons have to continue robbing our tax money?

  • 4
    0

    Continued from part published due error pre-emptive submission
    The last and only known and well proclaimed “INVESTIGATIVE JOURNALISTS” (IJ) OF NO MEAN REPUTE was laid to rest on the streets of Attidiya, Ratmalana ‘CHICAGO STYLE’ by GANGSTERS under the “able and proven” Leadership of grass eating “Mee Harak” from the southern tip of SL, trained and skilled in killing Mee Harak with a ‘Stun Gun’ and ably assisted to cover up with impunity and cover provided by INFAMOUS Mm!!??
    Alas we have no more investigative journalists!!?? Even if there are capable Journalists, they don’t want to venture out to do so, stymied by the thought of ending their lives in the style of the ‘FAMOUS MEE HARAKS’ are used to!!?? DEPLORABLE!!??
    Mm is so skilful, articulate and foresees the future events and necessities well in advance, so there are none existent to unearth the culprit – and in all probability the master mind Mm!??
    Bad Luck LLM, in you venture at finding out through IJ!!??
    Hope when the sunsets eventually on Mm, there would be another reincarnation of IJ like Lasantha Manilal Wickrematunge (LMW}
    The bigger question is whether Sri Lankans merit such incarnation at all!!!

    • 4
      0

      Mahila@
      1/
      With this being the reality, why don’t the newspaper reporters themselves break the silence?
      If they become like the strugglers (in the beginning), what will they not get? It is the pure mind that must act to reach the ultimate goals. Genuine mentality. However, it should work with facts….rather than vague religious theories.

      If they really want to, why can’t lawyers themselves bring about long-term reforms through their own initiatives?
      The same is the case with DOCTORs and Engineers. Why i focus on graduates is assuming some that have studied something should have the talents to forsee things better. I know this is not always right, but it is the norm everywhere in the world.

      Why our people are often tempted to compare us only with former brave politicians and late brave journalists … we can have Lasanta and Jamal Khashoggi type journalists in this country … why not? Prof. Nandasara Kodagoda of the present generation or to us… This is how any individual composition eventually evolves.

      There is something dangerous in our Sri Lankan people that you and I may be not familiar… It is their self-procliamed advanced mental complex even without proper knowledge
      .
      tbc

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        2/Why dont they focus on overall outcome when interpreting anything about our people. Generalization are common in their analyses. Like for example, if engineering students are doing their best, it shold be based on significant fractions.
        Taking one of my practical examples from my recent visit paid to the country, I challenged a retired teacher I met in person that everything they did to DR SAFI was beyond ethics and morals…..then the retired lady evasively responded, ..her reply contained it. He got all the compensation with his back pay… can you imagine? Their level of thinking? Then my cross question was whether it is okay to compare the damages, time lapses and compensation to him with the delayed funds ?
        . Then, as usual, she could not scold. … This is the mental level of the considerable masses below it. There are still people who support Ratana saying that SAFI should have been jailed forever. ..look at the hate levels…many wearing “pirth strings” around their wrists…

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          LLM,
          Accountability is significantly more important, which enables the concerned person to realsise and reflect on the factors overlooked in the decision or cracks and flaws in the process and reverse, rectify and ensure future progress, which vital for a progressive leadership!!???
          Sri Lankans instead depend more on DEFLECTION, DISTORTION AND DISINFORMATION!!??
          NO WONDER, THE CREATOR FINALLYY REALSISED THE ONLY WAY THIS SORDID AFFAIR COULD AND WOULD BE PUT RIGHT, (IN WHAT WAS ONCE THE GRANARY OF THE EAST UNDER PARAKRAMABHU THE GREAT) IS BY “STARVATION AND DEPRIVATION”
          CONCEITED MINDS AND NOT 2600 YEARS OF CULTURE AND CIVILISATION HAS BROUGHT US TO THIS DESPICABLE LEVEL!!?? Because we aren’t following the historical learnings of that long heritage, conveniently for some self-preserving reason!!??
          Quo Vadis Sri Lanka!!?? What a decline due to emptiness of mind instead of emancipation!!??

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        Agree with your comments fully, especially with,
        “THERE IS SOMETHING DANGEROUS IN OUR SRI LANKAN PEOPLE THAT YOU AND I MAY BE NOT FAMILIAR… IT IS THEIR SELF-PROCLAIMED ADVANCED MENTAL COMPLEX EVEN WITHOUT PROPER KNOWLEDGE”!!!
        The reason that is the case, is beyond belief and mind boggling!!????
        Probably, nation is the phenomenon, which led Robert Knox to spell out his famous quote about Sinhalese!!! Well, for good or bad, we are a nation of conceit, vanity and self-importance!!!??? Know-alls, and we didn’t have a single competent person to manage our economy without crashing, starving and depriving the citizen to misery!!!??
        Hope reality seeps into them, seeking advice and guidance from foreigners, other nationalities isn’t subjugating our self-respect, sovereignty to anyone, instead methodology to NETWORK AND ENHANCE our capability to be foremost and successful in this competitive world!!???
        Important measure is accountability and accept when a mistake has been committed, even one not realising such inadvertence at the time of the incident!! Mistakes must be acknowledged for consequential correction – that’s the way forward to success!!! MAY DARE SAY, TOTALLY ABSENT IN SL MENTALITY!?
        Gota good example!!?????? Didn’t accept liability except Organic fertilisation!!
        GOOD LEADER LEADS BY EXAMPLE!!!??? NOT LEADER OTHERWISE!!!??

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    “It is Sri Lanka’s misfortune to be governed by Roman Dutch law.”
    A rather oversimplified generalization it appears.
    *
    The legal system today is a mix of several legal systems.
    For example,
    “3.5. Commercial Law
    The commercial law of Sri Lanka is almost wholly based on the principles of English commercial law due to Sections 2 and 3 of the Civil Law Ordinance No. 5 of 1852 (Chapter 79), which authorizes the application of English law in maritime and commercial matters in Sri Lanka, unless there is a specific contrary provision in a statute of Sri Lanka.”
    Source:
    UPDATE: Legal Research and Legal System in Sri Lanka
    By Ayomi Aluwihare and Shakthi Ratnakumaran”
    (https://www.nyulawglobal.org/globalex/Sri_Lanka1.html#Section_3_5)

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