By Elmore Perera –
Elmore Perera
Since Independence in 1948, Constitution making and amendment, of same in Sri Lanka have de facto been the exclusive preserve of politicians. Invariably therefore, they were designed to suit the whims of scheming politicians to safeguard and further their own selfish interests. The only exception to this was perhaps the 17th Amendment to the 1978 Constitution. Civic minded professionals who placed country before self, laboured for eleven months to have this passed in Parliament, without a single dissenting vote, to amend the Constitution in October 2001.
Regrettably however, it did not take long for scheming politicians to restore to themselves those lost powers. Commencing in 2005, the Executive initially disregarded, and subsequently blatantly violated the mandatory constitutional provisions – an impeachable offence, under the same constitution!
Having tasted blood, the Executive went the 2nd mile in October 2010. The 17th Amendment, commonly described as the ‘Good Governance Amendment’, was repealed and replaced with the draconian 18th Amendment. In double quick time all institutions were totally politicised. The last bastion, the Judiciary, fell in January 2013 with the wholly unlawful impeachment of its Head, the Chief Justice. The rule of Law was rapidly replaced by the Law of the Jungle. The predators devoured all that they chose to.
Unwilling to remain as passive observers of this carnage and impending doom, the National Movement for Social Justice, spearheaded by the Ven. Maduluwawe Sobitha Thero was formed about two years ago. Since then, a relentless campaign has been carried out in an attempt to restore the rule of Law and establish a “Just Society” in Sri Lanka.
The root cause for this unprecedented degradation was soon identified as the patronage extended to a host of Criminals, bootleggers and hooligans of all sorts, by the patent abuse of the unlimited powers of the Executive President. The abolition of the Executive Presidency and the restoration of the 17th Amendment became the key issues pursued by this movement.
The mere abolition of the Executive Presidency will not instantly solve all our problems. However, without first abolishing the Executive Presidency, Sri Lanka cannot be saved from the imminent destruction of every semblance of civilisation.
Far from honouring the solemn pledges, repeatedly made by him to abolish the Executive Presidency, the Incumbent President is rapidly arrogating to himself all conceivable power and authority, and ruthlessly exercising them as he pleases, to crush or suppress any opposition.
Though clearly prohibited, by prevailing law, from seeking a third term as President, he seems hell bent on achieving that objective. It is reported that “his Judiciary” has, for what it is worth, opined that there is no legal barrier to his seeking a third term. The purported opinion is no more than the mere opinion of a collection of individuals. If nothing else, it is an expression of their personal biases. It is said that “man (including woman according to the current provisions of the much maligned Interpretation Ordinance) is Master (or Mistress) of the unspoken word (or opinion) which when spoken (or opined) becomes the Master (or mistress) of him (or her). This expression of an opinion they have formed, clearly disentitles them from thereafter adjudicating on the same matter. At most, such opinion is only persuasive to the extent of the credibility, if any, of the individuals expressing it.
All national assets re being flagrantly exploited by the Executive to achieve its goal. The most ominous is the establishment of Army Camps throughout the length and breadth of Sri Lanka, which is the electorate for the impending Presidential election. The possibility of a military coup (by those who claim to have defeated terrorism) cannot be ruled out.
The President has decreed that there shall be no “Arab Spring” in Sri Lanka. The question is “Then what it will it be?
Que Sera Sera! Whatever will be, will be!
The Sovereign People will then deliver their verdict!
*Elmore Perera, Attorney-at-Law – Founder CIMOGG and Past President OPA
Navin / November 15, 2014
“Far from honouring the solemn pledges, repeatedly made by him to abolish the Executive Presidency, the Incumbent President is rapidly arrogating to himself all conceivable power and authority, and ruthlessly exercising them as he pleases, to crush or suppress any opposition”.
In the interest of preserving the integrity of Mother Lanka, patriotic Sri Lankans need to do to the criminally corrupt, uneducated, uncultured Mahinda Rajapaksa and his brothers, sons, nephews, nieces, in-laws, cousins and cronies, what the Senators of Rome did to Julius Caesar.
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Amarasiri / November 15, 2014
Elmore Perera –
RE:Opinions Galore! – A Dime For 3 Dozen!
Regarding Rajapaksa Dynasty. How to get rid of. A Protocol.
Chapter 1 – Common Sense by Thomas Paine – Of the Origin and Design of Government in General
https://www.youtube.com/watch?v=7CeZoQo9qK0
Published on Mar 27, 2012
Chapter 1: Of the Origin and Design of Government in General. Classic Literature VideoBook with synchronized text, interactive transcript, and closed captions in multiple languages. Audio courtesy of Librivox. Read by Bob Neufeld.
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Common Sense at Wikipedia: http://goo.gl/t9iV3
View a list of all our videobooks: http://www.ccprose.com/booklist
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Ambedkhar Reborn / November 15, 2014
“Superiority and inferiority of a man is not by his birth but by his acts ” – Lord Buddha.
Mr.Elmore Perera, you have expressed your wisdom in an unequivocal voice. Hope your message reaches the ordinary voters of SL too. Hope Sangha and clergies of other denominations echo your wisdom and convince majority of the SL citizens. Media too can educate it’s readers.
MaRa win or lose the possibility of army take over is very high.
Prevention is better than cure.
Instead of calling for new presidential election in Jan1015 ,MaRa should be made to call for referendum on abolishing the Presidency. After the referendum he can call for presidential election or general parliamentary election by dissolving the the parliament.
Until then he can continue as the President.
If he does not want the referendum he can finish his 6 year term. During the 5th or 6 th year he can appoint a committee to study and implement aboltion of EP
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Amarasiri / November 15, 2014
Dear Elmore Perera –
RE: Opinions Galore! – A Dime For 3 Dozen!
“Since Independence in 1948, Constitution making and amendment, of same in Sri Lanka have de facto been the exclusive preserve of politicians. “
1. The politicians were elected by the populace with an Average IQ of 79.
“Having tasted blood, the Executive went the 2nd mile in October 2010. The 17th Amendment, commonly described as the ‘Good Governance Amendment’, was repealed and replaced with the draconian 18th Amendment. In double quick time all institutions were totally politicised. The last bastion, the Judiciary, fell in January 2013 with the wholly unlawful impeachment of its Head, the Chief Justice. The rule of Law was rapidly replaced by the Law of the Jungle. The predators devoured all that they chose to.”
2. So, who voted for the 18th Amendment> Publish their names and put them to disrepute.
Elmore Perera, you have ample materials to write TWO Common Sense Pamphlets and expose.
What is stopping you. Please let us know . A lot of people will help you. Thomas Paine did that for America in 1776. Can Elmore Perera do that for Lanka in 2014, to get rid of the King?
http://en.wikipedia.org/wiki/Common_Sense_(pamphlet)
Common Sense[1] is a pamphlet written by Thomas Paine in 1775–76 that inspired people in the Thirteen Colonies to declare and fight for independence from Great Britain in the summer of 1776. In clear, simple language it explained the advantages of and the need for immediate independence. It was published anonymously on January 10, 1776, at the beginning of the American Revolution and became an immediate sensation. It was sold and distributed widely and read aloud at taverns and meeting places. Washington had it read to all his troops, which at the time had surrounded the British army in Boston. In proportion to the population of the colonies at that time (2.5 million), it had the largest sale and circulation of any book published in American history.[2]
Common Sense presented the American colonists with an argument for freedom from British rule at a time when the question of whether or not to seek independence was the central issue of the day. Paine wrote and reasoned in a style that common people understood. Forgoing the philosophical and Latin references used by Enlightenment era writers, he structured Common Sense as if it were a sermon, and relied on Biblical references to make his case to the people.[3] He connected independence with common dissenting Protestant beliefs as a means to present a distinctly American political identity.[4] Historian Gordon S. Wood described Common Sense as “the most incendiary and popular pamphlet of the entire revolutionary era”.[5]
-Amarasiri
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Amarasiri / November 15, 2014
Dear Elmore Perera –
RE: Opinions Galore! – A Dime For 3 Dozen!
This is what former Chief Justice Silva is saying.
Judiciary has been ridiculed – We’ll go before people’s court
WEDNESDAY, 12 NOVEMBER 2014 11:42
http://www.lankatruth.com/home/index.php?option=com_content&view=article&id=7779:judiciary-has-been-ridiculed–well-go-before-peoples-court-&catid=42:smartphones&Itemid=74
The whole process of the incumbent president asking the Supreme Court for an opinion whether he could contest for a third term and the court’s agreement to fulfil this request goes beyond the law of the country and the traditions of the judiciary says former Chief Justice Sarath N. Silva adding that the process has ridiculed the whole judiciary sector in the country.
Former Chief Justice has said this speaking to the media regarding the opinion the Supreme Court has expressed that Mr. Mahinda Rajapaksa can contest for a third term. He said the opinion of the Supreme Court is not a verdict but it has obstructed the opportunity to take legal action. Former Chief Justice said the best option left now is to go for the people’s verdict.
“There are only ten judges in the Supreme Court now. All ten of them have expressed an opinion. This has obstructed any citizen going before the judiciary for this matter,” said Mr. Sarath N. de Silva adding the only alternative he and the group that opposes the opinion of the Supreme Court is to take this before the people at the forthcoming presidential election.
“For, it is the people who have sovereignty. The people also have the judicial power. We have to go before the people when we don’t have confidence in institutions established to implement judicial power.”
Former Chief Justice said he doesn’t believe that taking the issue to international community will serve any purpose.
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Amarasiri / November 15, 2014
Elmore Perera –
Opinions Galore! – A Dime For 3 Dozen
!”Common Sense” Explained: US History Review LISTEN!
https://www.youtube.com/watch?v=-1bt6bNmtg8
Who needs Rajapaksa or the SLFP?
Come up with your 10 Arguments why Rajapaksa ia NOT Needed and must go.
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Uthungan / November 15, 2014
A compliant SC and an obliging CJ has been used as a cats paw by the President to “misinterpret” the Interpretation Ordinance flagrantly to seek a third term in office.
Let us hope history will unravel the consquence of that fateful blunder post election January 2015
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Paul / November 15, 2014
Creeping military rule disguised as dysfunctional democracy is the cancer that is eating away at the body politic. Where is the chemotherapist?
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justice / November 15, 2014
A good resume by Elmore – who also exposed earlier, the abduction of the Commissioner of Elections, and his daughter and wife soon after polling concluded, during a presidential election.
Now he sounds a warning about the insidious creeping militarisation of the country from north – which was ignored by most people – to the south, to prevent an “arab spring” in the south.
Murderous tactics by the army –
http://www.tamilnet.com/art.html?catid=13&artid=37482
– now practised in the north will soon become the norm in the south.
Wait for it – soon it will be too late.
The military regime will be fully entrenched after the presidential election soon, as allowed by the servile “supreme” court.
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Spring Koha / November 15, 2014
Elmore, you cry plaintively “””The President has decreed that there shall be no “Arab Spring” in Sri Lanka. The question is “Then what it will it be?”””
…and the answer probably would be
One almighty put down, kind courtesy of Gota and his goons, that will make the JVP debacles of 1971 and 87-89 look like a Daham Pasal picnic.
Of course Kehelmalla Rambukkana will pull out all stops to tell us of ‘a foreign conspiracy to destabilise our sweet island homeland’ and the cuckoos in the hinterland will nod their heads in agreement.
We are in a time that calls for smart thinking…and smarter execution.
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Sulaiman / November 15, 2014
Is there a possibility in Sri Lanka to contest the incumbent President in public platforms with all internal and external media taking part in asking questions from opponents on the same platform making it easier for the public to decide on a better candidate? Why not arrange similar public common platforms in all the provinces and cities like in most Democratic Countries? May be this is not done like in other Countries in Sri Lanka because both opposing candidates have a common agenda of who is better in eliminating the minorities which of course is the unspoken agenda for which the Constitutions are altered suitably from 1948 by the majoritarian Governments. You bet who comes to power is the one who will make Sri Lanka only a Sinhala Buddhist Nation faster!
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Upul / November 15, 2014
We have smart, clever and cunning people a plenty. The issue is if we have unselfish, patriotic and unbiased persons in that selective group. The reason I say ‘selective’ is because the rest of the nation are the opposite. Me,me and more me or mine!
A country does not sink low in morals and principles within 65 years of Independence whilst claiming the heritage of a Noble being’s teachings without the deterioration of her social structures and people.
Ferrari’s, Latte’s and Silk are today’s standards of measurement. Even Phd’s can be bought! Look at what the last 30 years of PROGRESS has brought into your own families. If you are honest, you will have to admit – Not much in Good. Of course the definition of Good will be different for each of us. You may have plenty of goods to show for your efforts though.
We may not like what we see in our mirrors but pointing the finger elsewhere will not going to change things.
The Politicians have simply exploited our weaknesses and now they think we are so addicted to the ‘good’ life that we will continue to worship at the altar of material happiness. They know we will not bite the hands that feed us.
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Native Vedda / November 16, 2014
Upul
“We have smart, clever and cunning people a plenty.”
Do you have any wise people?
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K.A Sumanasekera / November 16, 2014
Dear Native,
Isn’t the Party of the Intelligentsia the Opposition…
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Amarasiri / November 16, 2014
Upul
“We have smart, clever and cunning people a plenty.”
Do you mean people with IQ 79 in Sri Lanka, the Average IQ?
With a Standard Deviation of 12, there will be only a few with IQ of 115 ( 79+36) or more. Unfortunately they are only a handful. The smart ones must have left the country making the average IQ of those left behind still lower, and making it easier for the politicians, shills and white washers.
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Upul / November 16, 2014
Unfortunately wisdom is an elusive quality least applied to one’s own decisions. Its easier to offer wise thoughts for others to implement than to bear the burden of acting on them.
Do as I say, not as I do…the saying goes.
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K.A Sumanasekera / November 16, 2014
CCs vying to contest surely, look like Dime a Dozen.
RW,KJ, SP,CBK, Sunethra, Maithree, X CJ, XX CJ,Sobitha, ADK and even Vellala CM, in fact look like taking the total towards a Baker’s Dozen..
But the way the incumbent is demolishing them ,reminding them their sordid past associations with the LTTE, that no one will be standing in a couple of months if not weeks.
RW may even think of offering inhabitants the real deal after this frustration of trying to hide his hidden agenda of pleasing the West, giving Sambandan the NE and kicking out the Chinese..
He might offer us a CC from London and most probably one of those in that LTTE delegation group photo, who has a dual or an original.
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punchinilame / November 17, 2014
With MRs popularity Index coming down from 54% to47% within 10 days is
a signal for MoD to set about Plan B – the “Palace-Coup” with Mohan P
ruling that the Army must be in control after the Opposition winning results create an “Emergency” situation. The Cantonments in the 26 Dist. will have the Opposition “house arrested” in the guise of MoD Controlling the Diaspora-made “uprising”!
The voters have a one and only chance given us by an early PE. Votes
must be in such huge numbers that rigging will not matter, as Chinese
operatives at the EC computer-room will fumble and delay out-put.
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