24 September, 2020

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Open Letter To The President: Saptha Aparihaniya Commitments Of Good Governance

By Chandra Jayaratne

Chandra Jayaratne

Dear Mr. President,

Assurance of Good Governance through Interim Executive Orders – Saptha Aparihaniya Commitments of Good Governance

You have recently demonstrated your commitment to deliver on the promises made in seeking office as the President of Sri Lanka.

Many of the good governance commitments made as election promises, which are not yet effectively in place due to various reasons, can be brought in to force on an interim basis, pending formal review, reaching consensus and where necessary by the enactment of laws, regulations and adoption of appropriate codes of conduct and ethics.

You will recall that the edicts binding the Vajjians in Governance assured the welfare of all stakeholders of that society. The upholding of the principles pronounced by the Gauthama the Buddha in the Saptha Aparihaniya Dhamma, led the way in statecraft of the Vajjian rulers and resulted in peace, stability, prosperity, welfare of citizens and assurance of  good governance.

In terms of article 33 (2) (h) of the Constitution, quoted herein after, wide powers are vested in the President;

“In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power-

(h) to do all such acts and things, not inconsistent with the provisions of the Constitution or written law, as by international law, custom or usage, the President is authorized or required to do”.

In pursuit of the above article of the Constitution and in line with the desire to embed good governance principles in the practices, processes, procedures applicable in the management and administration of the executive functioning of the government, bound by Saptha Aprihaniya Commitments of Good Governance, it is proposed that you as the President, consider the issue of interim Executive Orders in writing (not formal gazette notifications), addressed to and binding;

1. The Prime Minister,

2. The Cabinet,

3. Ministers, as well as Deputy Ministers and State Ministers, as appropriate,

4. Secretaries of Ministries, in their capacity as Chief Accounting Officers of the Ministries,

5. The Heads of the Armed Services and the Police,

6. The Attorney General,

7. The Auditor General;

requiring them to adopt such practices, processes, procedures  as directed in the said Executive Order, in the management  and administration of the executive functioning of the government, with effect from a date so specified in the order.

If empowered by the Constitutional rights, even the;

8. Judges of the Supreme and Appeal courts

9. Constitutional Council members,

10. Heads of the Permanent Commissions appointed in terms of the Constitution

may be bound by the relevant Executive Order.

The undernoted are seven suggestions for inclusion in the first of such Good Governance assuring Executive Orders, binding all members referred to in 1-7 above, which you may consider issuing,

whereby you require them to report to the Secretary to the President and the Secretary to the Cabinet;

  1. Immediately, any incidents, acts or events connected with such persons, their immediate family members and key state officials reporting to them, which may negatively impact on the reputation, esteem and integrity of the government, the persons concerned and their direct reports; including but not limited to acts, issues and events which may tantamount to a non compliance with laws and regulations of the country; or involves  or appears to involve them in  an illegal activity or a breach of any standard or binding code of conduct; or be an act of bribery, corruption, money laundering and terrorism financing, in terms of the applicable laws;
  2. Immediately, annually thereafter and whenever a status change occurs in regard to prior declarations of the persons, their immediate family members and direct reports in relation:    
    1. all  personal and business  interests and related party interests, wherever and howsoever arising;
    2. all incomes, remuneration, salaries, allowances, perks and benefits drawn or received, directly or indirectly and in whatever form, from the State and or from public finances
  3. Immediately, declare any conflicts of interests  or potential conflicts of interests, which may arise in the course of exercising and functioning in office in relation to the persons, their immediate family members and direct reports,;
  4. Immediately, declare any gifts, gratuitous payments, hospitality, entertainment and other perks and benefits, exceeding reasonable and modest levels  permissible in normal course of operation, received in whatever form, directly or indirectly by the persons, their family members and their direct reports,;
  5. Immediately, report any involvement or potential involvement with any offenses connected with insider information, market abuse and disclosure of any knowledge, decision or other information prejudicial to the interests of the State and any misrepresentation of information of any sort, involving the persons, their immediate family members and their direct reports;
  6. Immediately, report any significant issues or events with a high probability and a high impact, of actual or potential losses or risks to the State; or an actual or potential control and compliance failure associated or impacting or likely to impact on any area of accountability of the person and  their direct reports and connected to or associated with;
    1. A potential natural or other national disaster
    2. The security or safety of the State and the government
    3. The preservation of national resources, the environment and the ecology
    4. The protection of State property, public finances, funds and reserves of the State
    5. Any projects and resources managed under the purview of accountability of the person or direct report
    6. Any State owned enterprise under the purview of accountability of the person or direct report
  7. Immediately Whistle blow on any known significant wrong doings, illegal activities, failures in control and compliance processes, and any acts of bribery, corruption, money laundering, financial crimes, waste, and nepotism such person ands and their direct reports are aware of

Where a governance culture, led from the top of the governance pyramid, encompassing the aforesaid seven self declaration commitments, are embedded as a part of the governance structure of the State, a larger number of the election promises can be ensured to be effectively in place within the governance framework.

Wishing you all success with your endeavours of delivering on the good governance commitment,

Yours Sincerely,

Chandra Jayaratne

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Latest comments

  • 0
    2

    Just a waste of time, mate……..Batalanda Ranil , the Yahapalana PM gave Car Permits to 99 stooges, to get them to sign the agreement to give Vellala Homeland to Sambandan……Bodhi Sir’as stooge, Whom LeNews used to call Bagel Yapa told the journos in Colombo yesterday , the car permits and the Luxury cars for MPs are peanuts ( nothing ) in comparison to what the Yahapalanay is paying the Flood Victims……. I did some computations and here are the results……..Yahapalana Sira has promised LKR 100.000 for each dead .person……… Ramanayaka with the Wig threatened a journo and smacked the Camera man, when asked whether he is corrupt…..He had sold his Car permit for LKR 34 Million to Nuwaraeliya Hotels the previous day…….That is How clean the Wig is………..Anyway 34 Million times 99 is 3400 Million Bux That is the money the Vehicle buyers would have had to pay the Government .. Instead, it was paid directly into the pockets of Balumakkas (Dog Ticks)..in Kotte.. …. ( Thanks to Minister Soysa for giving me that beaut definition at the Press interview yesterday)……. If the Government had that money, each dead person’s family or dependents could have been paid LKR 17 Million Each…..That is 170 Lakhs or One hundred seventy times of what Bodhi Sira has promised……And it wouldn’t have cost the general Tax Payers a single penny……That is the sort of Good Governance you get from this Yahapalanay… May God Bless them…

    • 2
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      Yes Sumanasekara we hear your concerns regarding short comings of the present GoSL. These must be put right and can this be done? Yes yes yes. Because within hours of the arrival of aid for 2004 Tsunami, funds were diverted to private accounts. This sort of things has not happened over the flood aids. The luxury cars issue must be separated. Pray what is the relevance of your Vellalan Sampanthan?

      • 0
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        Mr K. Pillai,,,,,,,If Mr Vellalan Sampanthan struck a deal with the leader of the great majority inhabitant population , these disasters like Meethotamulla and Wellala Gardens in particular , could have been avoided .. Even the severity of the floods could have been less, if the Infrastructure , Land, River and Water Development projects were allowed to continue That Leader in fact offered to give 13 A Plus Plus….Unfortunately Vellalan Sampanthan didn’t even bother to ask what those Plus Plus are , because UNP London , Suren Suredran and Whisky Madam under the Instructions of Solheim lead Wester Power Houses had mapped out bigger things , besides the Federal Homeland for Vellalans ….. 99 Ruppee Millionaires in Kotte A couple of Ruppee Billionaires from the Diaspora and Plum Jobs for the Boys and Girls ….. Free land to Indians, ….I bet you know what I am talking about……Where is Mr Vellalan Sambandan nowadays…. I didn’t see even young Vellalan Kid Abraham in his shorts giving UNP Minister young Thevera a hand to rescue poor Dalits from raging Yahapalana Flood waters……Pray our Dalits have a better year next year at least…

    • 1
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      Dear Chandra Jayaratne——————————————————————————–
      RE: Open Letter To The President: Saptha Aparihaniya Commitments Of Good Governance ——————————————————————————–
      —————————————————————————————————–
      “Dear Mr. President”

      “Assurance of Good Governance through Interim Executive Orders – Saptha Aparihaniya Commitments of Good Governance”

      “You have recently demonstrated your commitment to deliver on the promises made in seeking office as the President of Sri Lanka.”

      Dear Chandra Jayaratne, would you believe if a whore gives you assurances that she is a virgin? What we have is a “President” who has earned the Titles of Turncoat, Traitor, Gona (whore), Mala-Prethaya ( to those killed by MaRa and cronies) and Sevalaya( sleaze) by those who have voted and elected him in the common opposition to the MaRa King.

  • 3
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    Immediately investigate the Panama Account Holders for tax evasion and black money and bring them before the courts.

  • 3
    3

    Before taking your advice into consideration, the President and the Yahapalanaya Government should completely stop following their “Saptha Parihani Dharma”: <<<<< 1. Witch-hunt on Ranaviruvo based on unsubstantiated war crimes allegations to please the LTTE Diaspora.—— 2. One way Reconciliation to please Tamils.—— 3. Hunting Gnanasara Thero and no proper investigation on phantom attacks on Mosques to please Muslims. ——- 4. Federal Constitution to please Tamil and Muslim Politicians. ——— 5. Making Sri Lanka a secular country and introducing Same Sex Marriage sh.. to please Westerners.——- 6. Sale or long term lease of our precisious lands, harbours and oil tanks to please China and India.——– 7. Signing of ETCA to please India.<<<<< What has this Government done in order to please Sinhalese Buddhists?—— Sinhalese people couldn't do anything else for the last two years, other than fighting ceaselessly to stall all of the above "Parihani Dharma" of Yahapalanaya.

    • 1
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      I am happy that you have used the word ‘unsubstantiated’. Do you think
      that our courts will find a person liable for unsubstantiated allegations. Any way we have to find who killed 24 journalists during the past regime as their wives children parents relations and friends want to know who killed them. The killers are living with us. They should be found and brought to book even after 1000 years.

      • 0
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        Upali <<<< "They" – the past regime – killed 24 journalists? Could you please name them and the time frame?

  • 3
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    CHANDRA JAYARATNE

    If you have a GENUINE INTEREST IN ‘GOOD GOVERNANCE’ please put your money where your mouth is and use your INFLUENCE as a Senior Chartered accountant, Convener of ‘Friday Forum’ and Chairman, ‘Law and Society Trust’ to hold the auditors concerned of the two largest audit firms in the country – PwC & EY ACCOUNTABLE for their role in the FRAUDULENT privatisation of the Sri Lanka Insurance Corporation (SLIC).

    You have shown no interest in this ‘open and shut’ case although Chartered Accountants and Auditors are the first line of defence against corruption in all entities dealing with financial resources.

    You have ignored my ‘Open Letters’ to you in the media. They include:

    “‘Open Letter’ To Chandra Jayaratne: Why Is Auditor Corruption Ignored?”

    https://www.colombotelegraph.com/index.php/open-letter-to-chandra-jayaratne-why-is-auditor-corruption-ignored/

    “Auditor General, W.A. Wijewardena, Chandra Jayaratne and corrupt auditors”

    http://www.ft.lk/article/603667/Auditor-General–W-A–Wijewardena–Chandra-Jayaratne-and-corrupt-auditors

    CA Sri Lanka (Institute of Chartered Accountants of Sri Lanka) and SLAASMB (Sri Lanka Accounting and Auditing Standards Monitoring Board) have MISERABLY FAILED to hold the ‘Partners’ concerned accountable for this ‘open and shut’ case of professional misconduct confirmed by (i) Supreme Court (ii) Parliament’s COPE (iii) Attorney-General and even CA Sri Lanka ‘Ethics’ Committee itself.

    In the context of the ‘Partnership’ Law in Sri Lanka where all ‘Partners’ are ‘jointly and severally’ liable for any wrongdoing will you, ‘Friday Forum’ and ‘Law and Society Trust’:

    1) Insist that CA Sri Lanka will forthwith disclose the identity of those who were ‘Partners’ of PwC and EY at least three years prior to 11 April 2003 which is the date on which the fraudulent SLIC privatisation took place?

    2) Impress on CA Sri Lanka that not holding the ‘Partners’ concerned accountable violates with impunity Section 17 (2) (b) of CA Sri Lanka Act of Incorporation which clearly stipulates that when an ‘Investigating Committee’ appointed by the ‘Council’ – “reports to the Council that a prima facie case of professional misconduct has been made out against a member, the Council SHALL appoint a disciplinary committee for the purpose of inquiring into the conduct of such member”? (emphasis mine)

    Your latest ‘Guest Lecture’ at CA Sri Lanka on ‘GOOD GOVERNANCE’ is tomorrow – 2 June 2017!

    Amrit Muttukumaru

  • 1
    0

    Mr. Chandra Jayarathne: How about even the preachers are relatives of those who destroy the country. Remember the previous prime minister, one in the last govt, had signed containers of narcotics to be brought in through the harbour ?. How he used govts funds. His laundry bill alone had been Rs 5 lakhs, we heard. Was that not , wastage, corruption etc.,, etc., because when one has the power, just lives super luxury lives at the expense of public money. How about his son working against the present president and he was destroying booths in Gampola ?. How about the same guy became a deputy minister in this govt and every body knows that the deputy minister is a dead beat,. he is there because of the connections and an idiot got life long employment without doing anything for the money he gets ?

    So, how does this saptha aparihaniya dharma work under tbose conditions. Probably, you are also screaming here, you also want to preach just the way Ranil was preaching.Ranil was talking about the govt style during the Lichchavi kings, that was before the elections. but, as soon as he became the prime minister they broke opened the treasury and stole billions. that was not the lichchavi style eventhough his first task was to rob the govt bank.

    I am wondering whether you are looking for a break like that. so that you can become rich in the fast forward.

  • 2
    0

    Chandra Jayaratne, majority of Lankans share your concerns. Our Mother Of All Concerns is “Should the Attorney-General, Auditor-General, Police, Armed Services, Judiciary be told what to do?”. Looks like they have to be and this is tragic. A governance structure has gotten anchored very firmly that you detest and so do we. A fundamental change is needed which must include the doing away with the language/religion divide.

  • 0
    0

    One guy from the BASL screamed liked that, He got a position. then he was saying that the president was Mandela, he was socializing with the president’s entourage probably lookinmg for more.

    It looks this guy as a charted accountant, as the organization which kept eyes closed when the govt, bureaucrats, employees were stealing from every side, every where, now teaching the president how to govern. Probably he is looking for some entrance to the same place. so he can become a filthy rich millioniare before he retires.

  • 0
    0

    All those who look for clean corrupt and crime free country cannot be expected eithier from U N P YAHAPALANAYA OR JO. You have to think of alternative. The people who subscribe to CT on these matters must come together and form an alternative in the next General Elections. Or join hands with a clean party who could be identified. Why not think of JVP with modifications. Look for someone who will love the country and its people and not wealth.

  • 1
    0

    Does the writer honestly imagine that the president will bother reading his detailed methods of governance when he publishes in Colombo Telegraph? The model of government will not change according to this writer’s wishes.

    Just imagine a huge contingent of MPs in parliament (225 members) and a massive cabinet of ministers doing virtually nothing with all sorts of deputy ministers, ministers of state and the like, then provincial ministers all of whom suck the life-blood of Sri Lanka rather than working towards the welfare of its 21 million poor citizens, being told that a certain Jayaratne has suggested we change according to an ancient method?

    To me, he looks like a little forlorn puppy barking at the moon, hoping it will pay attention and do something..!

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