By Rajan Philips –
Rajan Philips
The so called presidential plenary powers are once again in contention. Last year, it was argued that the addition of the words “to summon, prorogue and dissolve parliament” to Article 33 of the Constitution by the 19th Amendment, somehow vitiated the Amendment’s clear and unambiguous change to Article 70, disallowing the President from dissolving parliament within four years and six months after a general election unless requested by a resolution of parliament passed by no less than two-thirds of the 225 MPs. The Supreme Court did not buy that argument.
One year later, the argument is about whether or not in November 2005, then President Mahinda Rajapaksa was within his ‘plenary powers’ in signing the dual citizenship authorization for his brother and American citizen Gotabaya Rajapaksa. With all due respect to the deliberations over the legality or the constitutionality of this exercise of presidential plenary powers, a simple question for ordinary Sri Lankans, dual citizens and non-citizen Sri Lankans, is how often does the President of the Republic sign the authorization for a former Sri Lankan citizen to become a dual citizen?
Sri Lanka has progressed light years from the stringent and patriarchal citizenship law of 1948. Among other changes to citizenship laws, mostly after 1977, the recognition of dual citizenship was introduced in 1987. Since then, there have been five presidents including the current one.
It would be instructive for some keen parliamentarian, probably from the JVP, to ask the relevant Minister or Ministers to provide the following information to parliament and to the public:
1. How many dual citizenships were granted between 1987 and 1993? How of many of them were directly signed by President R. Premadasa?
2. How many dual citizenships were granted between 1993 and 1994? How of many of them were directly signed by President D.B. Wijeytunga?
3. How many dual citizenships were granted between 1995 and 2005 October? How of many of them were directly signed by President Chandrika Kumaratunga?
4. How many dual citizenships were granted between 2005 November and 2014 December ? How of many of them were directly signed by President Mahinda Rajapaksa?
5. How many dual citizenships have been granted since January 2015? How of many of them were directly signed by President Maithripala Sirisena?
6. Is it correct that documents regarding the granting of dual citizenship between 2005 and 2007 are not available as part of government records? Is there any other period where the documents have gone missing? What is the number of dual citizens for whom the government has no documentation? What has the government done to reach out to these dual-citizens and recreate appropriate documentation, in hard copy or electronically? What has the government done to prevent fraudulent claims of obtaining dual citizenship between 2005 and 2007, or any other period of missing documentation?
As with obtaining any other government authorization, obtaining dual citizenship involves the submission of applications, the review of them by officials and recommendation for signature by a designated officer. The signing authority for dual citizenship is the Ministry Secretary. It would be very unusual for a Minister, Prime Minister or President to sign dual citizenship authorization. Even so, a ministerial or presidential signature cannot be executed without a proper application and official recommendation that the application for citizenship be granted.
Plenary powers do not mean the power to act regardless of, or overriding, applicable laws and regulations. One of the presidential plenary powers is to keep and execute the Public Seal of the Republic. But that does not mean, as a lawyer graphically explained to the Supreme Court last year, the President can jump up and down and put his seal everywhere. Nor can a President authorize dual citizenship without the due process of application, review and recommendation. Citizenship is not a presidential gift certificate.
Craig / October 3, 2019
“Well, when he was Defence Secretary he banned dual citizenship for everyone else. This is a bit like a thief breaking into your house and changing the locks. Literally, an American fraud was telling people they couldn’t become Sri Lankan.”
Indi Samarajiva wrote this in his article – Why Gota’s Citizenship Matters
An American Presidential scandal, in Sri Lanka
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Amarasiri / October 3, 2019
Ranjan Phillips,
Well, well where are the files and documents, with the original signatures?
They do not exist like the bodies of those who were missing?
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Real Revolutionist / October 3, 2019
Amarasiri
Who hid the documents?
Presently in power or previously in power?
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Amarasiri / October 4, 2019
Real Revolutionist,
“Who hid the documents?”
Do the documents exist? Is it like Heaven, Nirvana, Nibbana, Hell, Purgatory, Limbo, Apaya etc. where one cannot get to, but gets promises, like Plenary Powers?
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Real Revolutionist / October 4, 2019
Amarasiri
Challenges to judiciary
Were such documents created?
If so, do they exist now?
If they don’t exist now who hid/stole them?
Weren’t such documents created?
In case of non-availability, on what considerations ..(up to judiciary)
Wait, wait, wait.
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Babalathappu / October 4, 2019
Dear CT please publish this in 3 Languages, I am so fed up of being unbearable to see this repeating further.
—
SriLankan legal system is totally biased. This has proved it very many times. Not all citizens are equal under the prevailing laws. In fact, the law is totally different if the citizen came from average background. The court would never permit her or him leaving the country. Now we read, the very same court issues a permission former Defense Secretary to go abroad. And this is not the first time, he enjoys the privilege. Lawyers are aware of the fact, that special provisions in the prevailing law is not available for any special persons. So how would the experts argue on this? Either these men bribe the judges, or they are legally violative. Sadly, they each has sworn in with their commencement of duties ensuring their unbiased and ethical behavior. Each time, they interpret statements in favor of them. Competent counterparts in a civilized nation would easily raise their eyebrows and ridicule this loudly.
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Babalathappu / October 4, 2019
The same story goes on. If Rajaakshes touches it, documentation disspears.
:
This was commmon to all these allegations levelled at them
1) Their money laundering acts – there DAIZY granny’s bunch of gems is all known to the folks today
2) Ballige putha Rajakshes wasfunded by CHINA according NYT, but no records
3) Mig air craft deal – no records
4) Former pres. secretary got caught not having been able to proivide any records for anything intervened by former mugabe style president
5) But the banana republic is said to have over 20 000 lawyers and the professionals that stay as if THEY HAVE BEEN FED with clay – they are shut their both ends, for some reasons.
Reasons – our f*****g SINHALA DNA is in them.
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babanpunchi / October 4, 2019
TODAY WE HAVE BROKEN ALL RECORDS- SRILANKA IS NOT PEARL OF ASIA,
BUT the pearl of grand thieves/corrupted people.
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Siva / October 4, 2019
Bond Scam…No records???
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Buramphisincho / October 4, 2019
So long people are made almost like LAB RATs, Rajakashes could even rape them on broad day light.
People, I mean majority of the country are made subjugated them so as is the case with MEDIA institutions.
No matter even if the murders were reported to have been committed by Rajakashes sons, but they further yet today earn that respect among the very people.
Victimized Rugby Players family has still been facing torments of tantalus in terms of court investigaitons of the murdered in that that family.
Not only afore mentioned player, but Ekanligodas and Wikramathungas and lot more mothers whose sons were abducted and let vanishing are mourning on non-stop mode yet today, being unable to make thier minds up.
Ironically, buddhists dominated srilanka, people care more on the ALLEGED killers than the victimized families.
See, all is other way around in this banana republic. Th eday ballige putha Rajakshes are no more, then only the PEACE will come to be effective in the average mind set of the PEOPLE for sure.
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Babalathappu / October 4, 2019
if any foreign citizens would face any kind of threats or anything to their lives, their embassies or high commissions promptly intervenes in them publicly. That is also right to protect their citizens that way. But the renunciation of dual citizenship of Gotabaya, there, US high commission does not even utter a single word yet today. Why can’t they clear this within an hour? This issue has caused higher emotions and ambiguities in masses. People lose their faith in justice system further. Why not US embassy stay stand still even today?
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LEELAGEMALLI / October 4, 2019
Why is that always the same?
If Rajaakshes touches things, either files flow away or missing.
If the court call them to court hearings, they priviledge the appointments. Why ? Are they created by GODs or lanken judges are penisless but SINHALA DNA bastards that seem to have no balls to do their job properly. If a man from ordinary class, would steal a coconut, would be sent to jail with heavy punishments.
This man Gotabaya if paid the fees for their Duality application in 2005 is an another question.
If it was over 250 000 more, was that just ignored by his stupid brother, then former President.
Where have these funds gone ?
We got our citzenship, I have all the bills and documentation with me yet today.
I also have my older passportswith me.
But i have to struggle yet today to get my duality though we have all the doucments to be provided.
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Babalathappu / October 4, 2019
srilankens in general dont care about laws. please go and see how they drive on urban roads. please see how the commuters behave in public buses. How they behave on highways. They behave so swollen by repeating their 2500 old heritage, but behave like bastards from top to bottom. they spit on regardless of the place. Tuk tuk drivers respondede to me, why not ? if any powerful men do so, why not we ? if anyone would come up and make a plea publicly that invisible powers created rajapakshe family to protect us the folks, many would follow no question. if any bastards would bring hakkgedi as their fortune makers, there the politicians go to them and fall on their knees, persuade the folks . they send the message across that the people too. like for example until recently that fake professor kierthi dhisanayaka abused the last cent of the rich and poor in this country until he is caught by police few months ago. people are made fools so that they would not question before doing anything.
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gamini / October 4, 2019
To obtain Dual Citizenship in 2005 one had to pay Rs. 250,000/- per person. Has Gota paid this with his money or has he paid from the State funds like for the Monument or whether he has not paid at all?
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Max / October 4, 2019
That is a good question. Can Gota produce the receipt issued to him by Immigration & Emigration department for the Rs. 250,000/- paid to lodge his application? If so, what is the date on that receipt? Is there any evidence to show the date these funds were deposited into the department’s bank account? Or are all these records vanished as well?
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Amarasiri / October 5, 2019
Gaming,
There are no documents or the documents are missing.
So, there is no evidence yet.
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LEELAGEMALLI / October 4, 2019
Craig, you are spot. We are still without that. But we do lot more than former DS did to the country. At the time Tsunami broke out, we sent over 50k Euros but not much is done by that sums according to our source. All in all, these men in Rajakshes famly to have abused it in many ways is very unfair. To me, if they would be hung by their balls, being brought to galle face green, would be the only comfort as I see.
Just imagine, that killer son, Yoshitha got wedded today. Not long ago the bugger was seen as one of the high criminals for that Rugby player murder case. Right ?
All in all, these men in that family to have committed high crimes (no doubt about that) but to abuse the law and order, keeping them abouve the law is beyond all ethics and morals.
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Babalathappu / October 4, 2019
Why the media within the country often reacts partial to Rajakashes? They don’t pose cross questions to them regardless the degree of the matter. Media men behave as if Rajakapkshes constantly bribe them. Or media journalists handle the hidden agendas given to them beforehand. If you would please compare the press interviews, that continue by media men with UNP minister, Ranjan Ramanayaka, there they question almost anything without barriers. This is common to other UNP MPs as well. But the very same media men behave reserved before Rajaakshes and their henchmen. Why? Either media men are biased, or they are under life threatening notices. Why not the authorities react on this yet? How would you see this? please comment on this.
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Richard / October 4, 2019
I know people abroad who’s dual citizenship application approved 18 months ago and have paid their fee 12 months ago are still waiting the receive the actual certificate. I have been trying to speak to someone at the Dept of Immigration and Emigration for the last 3 days to check on the progress but each time have had to give up, after hanging on for 45 min – 1 hr on the phone.
It is therefore simply UNBELIEVABLE that Gota got the dual citizenship in one day. Furthermore, it is shameful for a person who is aspiring to be be the president of this country to say, he got his dual citizenship in 1 day, when he knows the long process and time people have to invest to get theirs. Therefore, you have to wander is Gota the right man to be president, if he himself has flouted the system for his and his family’s benefit?
“RAJAPAKSE FIRST” TO CONTINUE UNDER GOTA???????
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Saro / October 3, 2019
In Sri Lankan and may be in some other banana republics a close relative of the president or highest ranking official an application for dual citizenship or other formalities including waiting for three months, now, made four by the hard working Controller or Assistant Controller of Immigration and Emigration is not needed.
Rajan Phylips lists a number of questions to ascertain if any president including Mahinda Rajapakse singed any other application for dual citizenship during their tenure. If there was one the eminent lawyers employed by the defendents would have referred to in defence. This dual citizen is a special case with friends in high places including judiciary and can travel to Singapore for medical treatment and stay any length of time just to avoid court appearance.
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Hela / October 3, 2019
Non of these buggers ask the question is Sri Lankan currency notes signed by a non citizen valid?
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Laksiri Fernando / October 3, 2019
Rajan,
–
I think we should stand for facts and ‘truth,’ irrespective of whether we like a particular person/s or not, and consider he/she/them to be politically dangerous or not. You say, “The signing authority for dual citizenship is the Ministry Secretary.” You don’t say what Ministry. You also ask how many dual citizenships were granted during respective Presidents and how many of them were directly signed by them, including President Chandrika Kumaratunga?
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My dual citizenship certificate was granted, along with my wife and son, on 18 September 1995 to be effective from 21. 07. 1995, signed by President Chandrika Kumaratunga as the President. The certificate number is 2516 and the file number is CIT/07/19 (3)/4615. According to the certificate, President is the authority under Section 44 of the Constitution and under the powers of the Citizenship Act (Chapter 349) Section 19 (3). There is another signature in the certificate for the Secretary to the Ministry of Defense, as Witness. The whole printed certificate is meant to be signed by the President. We duly applied for the ‘Dual Citizenship Certificate’ to the President, and did pay Rs. 150,000 for the three certificates.
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ajith / October 3, 2019
Laksiri,
Can you please explain what is the common practice for an ordinary citizen to get dual citizenship in 2005 and what is the procedure followed to Gotabaya Rajapaksa? Who witnessed Gotabaya’s certificate. How long it normally take to process a dual citizenship and how long it took to Gotabaya?
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Edwin K.Perera / October 3, 2019
Gota missed the bus. The current series of dual-citizenship was an easy matter, with the creation of a mafia in the Citizenship Div. They categorized the incoming Tamil community applications via Overseas Missions in a separate lot as “Hong Kong”
so when a Tamil from Europe approached the Div.due to delays (after 90 days as per current amendments) she was told that the when approached after 2 yrs. as FILE IS MISSING – naturally, as not under Austria from where she visited the I/E Dept.
This modus operandi went on for some time as I/E Dept. computer records will reveal. She offered the going rate as suggested then of USD 350 and presto her FILE was traced conveniently in a week! As the problem was “tamilian” even the CIABOAC did not care a damn when tipped off.
Mr Rajan Philips should, for purposes of record, make an RTI application, The JVP is only interested in the PE at the moment.
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Hatharabirikatharina / October 4, 2019
Ask him to provide us with reference please. Else, anything comes out of his cesspit is no credible. Laksiri has turned out to be that backlicker SELF PROCLAIMED DJ in today s context.
I have had some respect to LF, going by his health records and him being a Prof., but today, I dont even want to respect his academic titles anymore.
This man has the temerity to protect Rajaakshes thieves even if almost everyone is clear they are murderers and high criminals by provable FACTs:
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Fred / October 3, 2019
Laksiri, You state your certificate was counter-signed by the Secretary to the Ministry of Defence. So, don’t you think the it is the same Ministry that applied to RP’s statement?
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Rajan Hoole / October 3, 2019
Any government that functions without checks is doomed. Did President Kumaratunga act entirely on her own in the issue of dual citizenships for your family? How much money can the President draw from the Finance Ministry under his signature without the involvement of designated officials?
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Laksiri Fernando / October 4, 2019
Rajan Hoole,
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You ask “Did President Kumaratunga act entirely on her own in the issue of dual citizenships for your family?” My answer is, I don’t think so. Our applications were handed over early 1995, but the issue came much later in late July. We did fill all the necessary forms, paid money and followed the procedure, with little help from a friend! Did I know President Kumaratunage by that time? Answer is yes, but not closely. I was the Director of the SLFI at that time (briefly) appointed through an interview. I came to know her closely only after 1997. As our certificates show, it is not at all a special procedure, but a common procedure of that time. Certificate No. 2516, may show it is in a sequence. It is on a printed format, in Sinhala, Tamil and English. We didn’t need any special favor because even at that time we had a Sri Lankan citizenship. We applied to retain our citizenship before applying for the Australian citizenship.
–
My point was this. As our certificates show, a President approving and singing a dual citizenship certificate might not be unusual of that time. However, I am not sure exactly under what powers that is done. Our certificates say it is under the Citizenship Act and the Constitution. But the Section of the Constitution referred to in the certificate (44) is ambiguous or incorrect in my opinion. However, a citizenship holder cannot be held responsible for that matter, except some in a political sense. Otherwise, even my citizenship can be under question, although I am quite ready to Renounce it disgusted about hate, fighting and scheming without following, in my opinion, decent and democratic procedures.
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LEELAGEMALLI / October 4, 2019
We have no doubt, you, Dr Fernando, one another backlicker of Rajakashe family for some reasons, would always come with the documents to prove, that your passport too was issued by then president CBK not by emigration dept.
:
I have been long away from SL, since 1990. I never heard that a head of state ever invol ved in authorizations, but ministry of external affairs.
Logically, latter is more acceptable to even school going children.
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soma / October 4, 2019
Rajan Philip
Please answer wheth Dr. Laksiri’s dual citizenship is valid or not.
–
Soma
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IQ / October 3, 2019
This epic can go into the Book of World Famous Imposters. Just wait and see the Courts Ruling.
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Jayantha Pathberiya / October 3, 2019
It is a well known fact that Colombo Telegraph borders on gutter press, all out to destroy ex – President Rajapaksa in general and Mr. Gotabhaya Rajapaksa in particular.
Shame CT, Shame.
I dare you to publish my comments.
JP – USA
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Nagalingam Ethirveerasingam / October 3, 2019
Rajan and Laksiri. Chandrika invited Duncan white and I for Tea at Temple Trees in March 1998 when Duncan was in Colombo to attend the Duncan White Foundation. Chandrika and Kadirgamar presented Duncan with a Sri Lanka Passport and citizenship. Duncan emigrated in 1962 to UK and obtained UK citizenship. Duncan was very grateful. Chandrika said she would also give me a Sri Lanka passport and citizenship. She was surprised and i have Sri Lanka citizenship and a passport and no dual citizenship.
I don’t know who signed Duncan’s passport. But it was a magnanimous gift Duncan always wanted. He is the greatest athlete of Sri Lanka. He passed away few months later.
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punchinilame / October 3, 2019
Gota missed the bus. The current series of dual-citizenship was an easy matter, with
the creation of a mafia in the Citizenship Div. They categorized the incoming Tamil community applications via Overseas Missions in a separate lot as “Hong Kong”
so when a Tamil from Europe approached the Div.due to delays she was told that the FILE IS MISSING – naturally, as not under Austria from where she visited the I/E Dept.
This modus operadi went on for some time as I/E Dept. computer records will reveal. She offered the going rate as suggested then of USD 350 and presto her FILE was traced conveniently in a week! As the problem was “tamilian” even the CIABOAC
did not care a damn when tipped off.
Mr Rajan Philips should, for purposes of record, make an RTI application, The JVP is
only interested in the PE at the moment.
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K.A.Sumanasekera / October 3, 2019
I thought not one , but two former JVP bosses took Dual Citizenship..
So Anura Kumara can’t get that info from one of them instead of wasting our Tax Payers money again to ask these silly questions which has have no relevance to the great majority of the inhabitant population, if fact more than 70 % of them..-
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As I understand there were brokers in Colombo to arrange those Duals for a fee when these became hot merchandize after Nanthikadal.
And people who became Economic Refugees in the West wanted desperately to come back and get there properties back ..
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And I know a few who took them the Duals ,just to make money and earn Local Bank Interest which is not available to non Citizens….
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soma / October 4, 2019
This Rajan Philip’s argument is a clear example of how hatred clouds logic. In Sinhala idiom these ungrateful ******** have no hell to go.
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Soma
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Real Revolutionist / October 3, 2019
This dual citizenship controversy should be stopped now.
If the UNP is so concerned about democracy & if the charges being levelled against Gota’s citizenship/dual citizenship application are genuine; see the possibility to accommodate him in the election process to let people decide whether they want him as the leader or not, rather than bashing him from all round.
Weren’t UNP conscious of the happenings in 2005 when he was being given the position of defense secretary?
Why didn’t they make it an issue @ that time?
Do UNP have a belief that in the absence of Gota their candidate Sajith can win the election?
That’s the mistake my dear friends.
There’s a possibility for Sajith to win if Gota is a candidate but without Gota in the process he will not win.
So withdraw the case now & have a dream to win.
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Mallaiyuran / October 3, 2019
The perceived Executive’s plenary power is assumed would be used objectively only, not arbitrarily. Main area to use is when the needed authority is not defined elsewhere or nobody had the authority to compete the job in hand, EP can exert him/her as authority is finish the job and execute the matter. But it is the parliament’s obligation, at the proper time interval, fills that gap by passing a new law. EP cannot do jobs that in effect end as creating his own rule, with the plenary powers. Law making is Parliament’s job and they decide who do what.
EP cannot, When & where there is no emergency, assume emergency powers to him either. Any act of emergency has to be ratified by parliament. When the E/I secretary signature is required, EP should not override his/her authority and sign the documents even if he/she had nothing to do in the Presidential House.
When Mokan Peiris was appointed as CJ, by Old King, Yahapalanaya assumed the procedure was wrong and fired him. That time Old King had the presidential Council with him to justify that kind of appointments. So, even if Old King had signed within his acceptable plenary authority, if the person received the citizenship had not established his worthiness for that status, he loses that when the error was found out. Almost all kind certificates are issued under this condition. So, irrelevant of who signed, applicant must have qualified to accept that certificate and cannot be using fraudulent method to gain it.
A Ministry Secretary is the most senior position in the public service. It seeks higher education and experience, if need not to be PhD always. It is crystal clear here that EP broke the procedures only to give that positional to his unqualified brother. If what has been said so far in court is proved, it is clearly violation of presidential power, nepotism & fraud commented by two brothers.
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Kabaragoya / October 3, 2019
The power to prorogue Parliament is a prerogative power of the Crown in the UK not a plenary power. The term plenary power is used when a colonial legislature is given power to act in designated areas (as by the Colonial Laws Validity Act). The president does not have plenary powers. He has powers given to him by the Constitution.
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pisugota / October 3, 2019
there is another issue when gota wanted to leave military service he stated mental illness as a reason.But according to the constitution a mentally unsound person cannot become the presidents
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Pissu Ranil / October 4, 2019
And Pisugota thinks that the UNP government of the time accepted that Gota was mentally ill ?
May be the UNP leaders were mentally ill too.
Or may be Ranil and Ravi Karu can claim amnesia, just as Karu
forgot all about living in a Penthouse paid by the Bond money, and yet such mentally deficient men continue to run (ruin) the UNP.
Sajioth has been trapped into agreeing to allow those men to continue as leaders of the UNP
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Paddy / October 3, 2019
A person who gets away with multiple murders will also get away with multiple citizenships. Just saying.
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Estate Labourer / October 3, 2019
Due process of application, review and recommendation, accompanied by three month waiting period is only for ordinary citizens, not for people who are above the law.
The political prisoners are waiting for a verdict for the past 5 to 10 years. But decision in respect of granting dual citizenship is taken within three days and verdict in respect of determining the legality of that act is taken within five days. That is Sri Lankan Law for you!
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Ahmad / October 3, 2019
If you remember that once GR requested all dual citizen applicant to meet him individually for selection interview
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A Rajapakse / October 3, 2019
My dual citizenship certificate is signed by Mahinda Rajapakse as the Minister of Defense and Gotabaya Rajapakse as the secretary to the Ministry. I applied before banning the dual citizenship, I think around 2004, first got a certificate with signatures of different people but with an error, and then the above mentioned one, which is the corrected one after a long time..
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NonResident / October 3, 2019
@ Rajan Philip, with profound respect, I disagree with your conclusions purely on the principle of law. Comparing plenary powers of the President under the pre-19A Constitution with the post-19A is like comparing apples with oranges. The pre-19A Constitution, under which Gota was given citizenship was the law of the land in 2005, and all of us including myself and you as citizens were bound by it whether we liked it or not.
Under the pre-19A Constitution Presidential powers were very wide and included the powers to appoint and remove ministers at his/her whim and fancy, whilst retaining for himself/herself whatever ministry he/she fancied. This was the reason all of us (including myself and presumably yourself) championed for change and the result was the post-19A Constitution a version with Presidential powers watered down.
When the courts addresses the current issue at hand the law that will guide the court is the pre-19A Constitution and not the Post 19A Constitution. Furthermore, when an issue of this nature is before court, in the eyes of the court it is a determination related to the authority of a President and a citizen whose citizenship is being challenged. The courts will not care about the personal relationship of the individuals, unless and until evidence (that could be proved beyond reasonable doubt) is placed before the court that demonstrates bias in the declaration of citizenship compared to another citizen. In this instant there is no citizen with locus standi who has complained to court that there was bias. Cont….
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NonResident / October 3, 2019
Cont… The law of the land that governs the grant of citizenship in Sri Lanka is the Citizenship Act, and any citizen by decent (in terms of section 4 of the Citizenship Act), who ceases to be a citizen of Sri Lanka due to him voluntarily becoming a citizen of another country (in terms of section 20(5) of the Citizenship Act), can make an application to the Minister for a declaration that such person retains the status of citizen of Sri Lanka (section 19(3) of the Citizenship Act) and the Minister can make a declaration the person concerned can again have the status of citizen of Sri Lanka (section 19(4) of the Citizenship Act).
Based on a document circulating in the web, the President had made a declaration in terms of section 19(4) of the Citizenship Act declaring that the applicant (Gota in this instant) is a citizen of Sri Lanka, likewise, the President had declared 20 others also as citizens of Sri Lanka.
The legal question that is at debate is: Did the President have the power to sign as the subject “Minister” in making this declaration? Did the President usurp the power of the Minister?
Under Sri Lankan law, through various statutes subject Ministers are vested with executive administration powers in relation to the day to day affairs of the country, similar to that in the Citizenship Act.
On the date the President had signed the declaration, there were no Ministers appointed by him under and in terms of the Constitution. In the said circumstances, the questions that needs to be asked are: cont….
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NonResident / October 3, 2019
Cont… With whom did executive administration powers under the laws of the land (like in the Citizenship Act) vest in?
If did not vest in the President, the head of the executive, who had the power to appoint and remove Ministers at his discretion, with whom did it vest in?
Was it the intent of the legislators of the Constitution to intentionally leave a lacuna in the statutory executive administration process, at the expense of creating chaos in the executive administration processes of the country?
In answering these question, the court in my view will not look at the provisions of the Citizenship Act in isolation, but will holistically address statutory executive powers in general in relation to all statutes that vest powers with the Minister, as decisions of Higher Courts stand as precedents!
Based the above analysis, my view, which I believe is the right view, is the courts will rule that the President as the head of the executive, was deemed to have possessed the powers of the Minister, until a Minister was appointed by the President.
This I believe was a futile exercise similar in nature to the various futile attempts by politicians in the recent past to test the water in the higher courts based on preconceived notions to support hidden agendas, thereby wasting valuable public time and money!
My advice to those politicians who believe this or similar futile attempts are best to remove Gota from the race is: Go back to the villages and remote areas of Sri Lanka (that’s where MR’s support lies) and convince the voters that you are a better proposition than Gota! You idled for 4.5 years, now time is up and the clock is ticking, otherwise you will continue to idle for another decade or two.
I am not a Gota backer, I voted for change with the same hope and expectations of the like of Rajan Philips, and today I stand disappointed and confused witnessing the malady on display!
NonResident
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AshyD / October 3, 2019
Rajan Philips,
You forget one very pertinent point and that is our country had a Monarch at that time and he oversaw every aspect of our lives.
Emperor Mahinda Rajapakse and the royal family ran this country as they wanted and never thought that they would be booted out by their subjects. Today KARMA is following them and mark my words there is more to come.
ONLY TIME WILL TELL …….. payment time is round the corner. If they don’t pay for the dastardly murder of our most beloved Lasantha Wickrematunga then there is DEFINITELY NO GOD ABOVE.
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Bodin / October 4, 2019
If JR Jayawardena could boast that as Executive President he could do anything except changing a woman into man, why cannot Rajapaksa grant citizenship even to an American?
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jehan / October 4, 2019
Do we need another American President and family to rule Sri Lanka? We will be again colonized and raped of all our resources. Brain drain like russia. Gota is a killer, are the buddhist trying to kill themselves with this type of a leader. I know the average buddhist is interlectually challenged, but by voting gota, they will be sending there children to slavery.
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Babalathappu / October 4, 2019
This is very good question:
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5. How many dual citizenships have been granted since January 2015? How of many of them were directly signed by President Maithripala Sirisena?
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I think even in current day Not SIRISENA but FORMER MAFIA BOSS could sign all of them, because SIRISENA became the caricature president all along, being caught by the bunch of thieves.
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IFS man - HANTANA / October 4, 2019
When Dr. Ponnamperuma, an American scientist, was invited by JR to start the Institute of Fundamental Studies, JR signed Ponnamperuma’s application and told
Balapatabandige to attend to the rest.
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Sunil Dahanayake / October 4, 2019
These are real “”gon part questions”” raised by the writer.
I have been observing this case from the begining and we do not know what is the decision by court. I hope it would diliver a fair pragmatic judgement.
A person needs a country and you can not declare a person become a stateless. I am an auditor and dual citizen and I know the real process of getting these things. But these so called English journalists think and write that they know every thing. We will wait and see. This is a clear case of witch hunting and try to block GR coming to contest the Presidentail elections. These bastards ( some writers and those filed this action )think that they are heros of democracy. But practice the world’s oldest profession.
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Somapala / October 4, 2019
Don’t impose your category (BASTARDS) on others because you are just an arse licker.
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Simon De Silva / October 4, 2019
You seem to know nothing but to drop your emotions Mr.
Not a person with a bird brain would disagree with the writer.
I am not a dual citizen but a former srilanken. I have been fighting to get my citizenship keeping the current one. Documents that we have to produce them are numerous. We got education in Europe and own our inherited assets in SL and we also bring lots of foreign exchange to the country and we can also do lot more as professionals. We also helped our people at the time tsunami hit the island. My friends and colleagues collected huge sums of funds for the victimized. Later though found that Rajapakshe bastards abused them for their pvt issues.
Here there questions, if his brother had the right to issue a passport to him then, how many other passports were issued by former president ? And in a country, not the president but ministry of foreign affairs would handle these issues perhaps together with internal affairs ministry. This is not a small issue. I have no doubt, these unethical bastards have abused it there too. This is no means exemplary. First he has to prove his innocience before becoming a Presidential Candidate for upcoming PE.
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somapala / October 4, 2019
Sunil Dahanayake
According to your vommitting full of shit, ” These bastards ( some writers and those filed this action )think that they are heros of democracy. But practice the world’s oldest profession.” You should be uttering about yourself and your clan!
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charles / October 4, 2019
When JR introduced the new constitution in 1977 , the president had the all executive powers.. President had powers to dissolve the parliament ant time, change the PM, name the ministers , chief of police, chief of iustice and all most every thing. In other words president’s signature was the most powerful and validity. There was no other person’s signature is above president’s signature.. GOTA’s SL citizenship certificate was signed by the then president ,MR. So president’s signature has the heaviest weight. GOTA has no case to answer. Do not waste time.
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Simon De Silva / October 4, 2019
You seem to know nothing but to drop your emotions Mr. xxx
Not a person with a bird brain would disagree with the writer.
I am not a dual citizen but a former srilanken. I have been fighting to get my citizenship keeping the current one. Documents that we have to produce them are numerous. We got education in Europe and own our inherited assets in SL and we also bring lots of foreign exchange to the country and we can also do lot more as professionals. We also helped our people at the time tsunami hit the island. My friends and colleagues collected huge sums of funds for the victimized. Later though found that Rajapakshe bastards abused them for their pvt issues.
Here there questions, if his brother had the right to issue a passport to him then, how many other passports were issued by former president ? And in a country, not the president but ministry of foreign affairs would handle these issues perhaps together with internal affairs ministry. This is not a small issue. I have no doubt, these unethical bastards have abused it there too. This is no means exemplary. First he has to prove his innocience before becoming a Presidential Candidate for upcoming PE.
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Lester / October 4, 2019
Yes, Rajapakses are corrupt, but who has worked for an organization that wasn’t corrupt? As a simple example, there are thousands of companies listed on the stock exchange which never turn a profit, yet the insiders are millionaires (in USD). This is perfectly legal, they get free shares or stock options. Corruption (within certain limits) is not a reason to prevent Gota from contesting the election. The citizenship issue is also overblown. He was an SL citizen before, that should be enough.
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Lakshmi / October 4, 2019
The Goat Man will always be looked upon as illegitimate, and his eligibility to run for office or be president, will always be in doubt. We don’t need to deal with that on top of all the other BS these politicians keep doling out.
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Siva / October 4, 2019
Due to the security situation there was a condition that the President’s approval was required. First MOD had to give clearance.
When RW brought a Singaporean to loot the CBSL why worry about Gota’s passport etc? Did RW sign Mehendran’s papers?
Deals and games???
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Simon De Silva / October 4, 2019
SIVA,
if that is a big issue, why not you question about the legality of Gotabaaya s documents ?
Has the bastard been made to ruin this country?
Now or later, he will have to see it right, if rejectected by EC on the 7th being unable to show his proper documents, proving him a srilanken, he has to hide his tail behind his rear legs right?
They can fool you but not us. Thanks.
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Buddhist / October 4, 2019
Knowing very well there is a challenge going through the court system against Gotbaya’s passport validity for the 3 bench court to release his passport with permission to travel abroad is questionable. The special court could have delayed the decision for a few days. 3 bench courts decision is similar to Mahinda hugging the MP when the MP was to be arrested for drug dealing. This and the decision of the President to not only reappoint Yoshitha to navy but also pay arrears and give him a promotion clearly shows SLs have an upward challenge with the judicial system. It’s time to appoint foreign judges to sit on our courts.
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