16 May, 2022

Blog

Power Of Recall: An Open Letter To The Bar Association President

By Chandra Jayaratne

Chandra Jayaratne

Priority Need to Advocate for Constitutional Reforms – Re: Power of Recall

You are kindly requested to garner the support of a select group of eminent counsel, who are members of the Bar Association of Sri Lanka, and following critical review, analysis and debate to develop urgent constitutional reforms to embed the power of recall within the present constitution of Sri Lanka; and to present such proposals to the leaders in governance, legislature and the society at large; and thereafter to advocate for its adoption and implementation following due process as a matter of priority.

For your initial review, the writer has taken the liberty to develop an amateur citizen’s suggested outline of a first draft set of reform provisions that may form a skeleton for benchmarking in the recommended reform process review:

* The new provisions to apply with immediate effect, notwithstanding any other provisions to the contrary in the present constitution

* Any elected person, selected by popular democratic votes of citizens, having assumed the office of the President, Prime Minister, Cabinet Minister, Legislator of the Parliament, or as members of any Provincial Council, Municipality, Pradeshiya Sabah, be subject to recall by the same group of persons whose votes such person was elected to such office, provided that in respect of the:

President by 10% of the persons entitled to vote at the election where he was elected

Prime Minister, any Cabinet Minister and any Legislator of the Parliament by 20% of the persons entitled to vote at the election where such persons were elected

Any legislator of a Provincial Council, Municipality, Pradeshiya Sabah by 30% of the persons entitled to vote at the election where such persons were elected by duly attested petitions call for the recall of such person from his elected office on the valid grounds of being subjected to any one or more of the disqualifications as set out  hereinafter and a duly established court following investigation and hearing determines that the charges leveled in the petitions have been proven and established and are valid grounds for such recall, such elected representative will forthwith cease to be an elected person

* A duly established court to hear petitions involving any persons elected to the office as the President, Prime Minister, Cabinet Minister, Legislator of the Parliament shall be any Superior Court and in the case of a duly established court to hear petitions involving any legislator of a Provincial Council, Municipality, Pradeshiya Sabah shall be the District Court

* Any such elected person becomes disqualified from holding office on account of:

Being found to have submitted or published any false or untrue statements or submitted any affidavits or certificates which are untrue during the process of obtaining formal nominations

Being found to be a person who is not a ‘fit and proper person’ for such election

Being of unsound mind or other physical or mental incapacity to hold effected office

Being a person guilty of Intentional violation of any provision of the constitution

Failure to duly discharge responsibilities and accountability endowed by any written law or regulation

Being associated with any acts of oppression or violence against citizens

Being associated with mismanagement or misdirection of the economy

Being associated with any acts connected with illicit financial flows and cross border capital flows

Being guilty of bribery,

Being guilty of misconduct or corruption involving the abuse of the powers of office,

Being guilty of any offence under any law, involving moral turpitude

Being associated with any acts of terrorism, extremism and violence against citizens

Being associated with any acts causing or promoting ethno religious disharmony and strife

Failure to abide by the rule of law and or non compliance with laws and regulations

Failure to uphold fundamental rights and democratic principles in governance

Failure to abide by any applicable codes of conduct and ethics

Being associated with any acts of smuggling

Being associated with or promoting the use and trading in narcotics and dangerous drugs

Being associated with any acts that lead to environmental damage and destruction

Being found guilty of murder and or causing grievous injury or bodily harm

* Any such petition shall be duly supported by required evidence and other supporting material and shall be investigated under the directions of the applicable court with such investigations being completed within 3 months and the determination of the court be issued within six months from the date of registration of the relevant petition

* The relevant court to have the power to make interim orders upon receipt of the petition, including such orders temporarily suspending such person from holding office during the period of investigation and court determination and also making interim transfer of accountability to a person or persons deemed best by the relevant court

* Where a petition is upheld and recall becomes confirmed the vacancy created shall be filled in accordance with the applicable law in dealing with vacation of such office

* All persons making the petition be required to make a relevant deposit to cover costs and expenses as determined by the relevant court and be subjected to such deposit being forfeited in the event of it not being upheld by the relevant court and there will in addition be a sum determined by such court as damages payable to the persons charged in the petition

This suggestion will be circulated to a select group of eminent counsel with a request to write directly to you in this connection with their endorsement or other opinions and or any critique and alternative suggestions.

Trust that you and your office bearers will accept the essential nature of the reform as suggested and support this request with commitment.

Print Friendly, PDF & Email

Latest comments

  • 3
    2

    Hi Chandra good attempt: Have you heard of Lawfare waged by the CIA against Leftist President of Brazil Lula? There is a good book about lawfare.
    Strategic Sri Lanka run by US citizens Rajaapakse brothers which is being pushed to the IMF’s arms is now also subject to CIA Lawfare… as part of Hybrid Economic, maritime trade and cyber war to get Lanka into Washington’s grip after failed MCC project in 2019 it was the staged Easter attacks. This is South Asia’s CIA Arab Spring moment – also in Pakistan where Imran Khan is facing an American Regime change operation because he visited Russia
    After the USAID funds to strengthen Sri Lankas justice system we now have lawfare so that all the cases are being dismissed: : Yugadhanavi sale to US New Fortess, the Bondscam that was done by US puppet Ranil with Collusion and Mahendran, the cases challenging Covid mass injections and obstructing people who are not injected from public places under a Fake Health Emergency etc.

  • 2
    2

    Hi Chandra good attempt: Have you heard of Lawfare waged by the CIA against Leftist President of Brazil Lula? There is a good book about lawfare.
    After the USAID funds to strengthen Sri Lankas justice system we now have CIA Lawfare so that all the cases are being dismissed: : Yugadhanavi sale to US New Fortess, the Bondscam that was done by US puppet Ranil with Collusion and Mahendran and IMF, the cases challenging Covid mass injections Gazette and obstructing people who are not injected from public places under a Fake Health Emergency etc. to establish surveillance, stop crowds and protest and digital colonialism.. The crisis and colour revolution is staged. Lanka’s debt is actually tiny compared to America’s 20 trillion.
    Strategic Sri Lanka run by US citizens Rajaapakse brothers is being pushed to the IMF’s arms is now also subject to CIA Lawfare… as part of Hybrid Economic, maritime trade and cyber war to get Lanka into Washington’s grip after failed MCC project in 2019 and the staged Easter attacks. This is South Asia’s CIA Arab Spring moment – also in Pakistan PM Imran Khan is facing an American Regime change operation because he visited Russia. He has said that Pakistan was targetted. So too is strategic Sri Lanka at this time with the American Citizen and Minister of Economic Disaster and Hitman Basil Rajapakses who works for the Deepstate.

  • 4
    1

    Chandra, we are really tired of your cut and paste articles. Do you really know what you are writing about? You are supposed to live in Sri Lanka so do you really have a grip of the ground realities? Who are you trying to address these points at? Can you achieve your ambitious projects without chasing the whole Rajapaksha gang out of the island? Until that is done, please stop wasting valuable CT digital space!!

  • 2
    0

    The present Constitution dictates that people in this country are the sovereign and that is inalienable. Article 4 only delegates parts of that authority, namely executive, legislative and judiciary to various institutions, such as President and Parliament. But that delegation is like a blank check without any right of recall. I have to congratulate the author for starting a discussion on the right to recall which needs a wider exchange of ideas. The most important is the ability for the people themselves to originate a question to be put forward to the people for a referendum on ANY MATTER and the decision be binding upon all the authorities. Representative democracy is meaningful only if the representatives of the people practice decency.

  • 0
    2

    * Any such elected person becomes disqualified from holding office on account of:

    Being found to be a person who is not a ‘fit and proper person’ for such election
    —————–
    In other words, dont allow any freemason to run for office.

  • 1
    1

    Writing to the bar association asking them to prevent corrupt rulers from coming power?
    First get all the freemasons in the bar association thrown out.

  • 1
    0

    Dear Chandra Jayaratne,
    .
    I have not read THIS article of yours. And I won’t read it. No time!
    .
    However, I have read a number of your articles, some of them very carefully. Although I know next to nothing about you as a person, my reading of those other articles of yours has convinced me that you are a very good man.
    .
    Since I have not read this article by you, I cannot comment on it. However, I have read all six comments on it. I’m sorry to see them. Let me explain:
    .
    I have no idea who SS is. His comments have appeared on CT only recently. He has just one obsession – “Freemasons”. I’m not a Freemason but I know something about them. No that is wrong. I know a lot about them. There’s nothing wrong with them, but it is dying in Lanka because they conduct all their business in English. Basta!
    .
    Sometimes comments by SS have some sensible observations – e.g. He is against snobbery in these comments. What I mean is that lawyers think no end of themselves. However, because he then gets on his hobby horse, I usually give him a red thumbs down. I have sometimes tried to explain to him about Freemasons. A futile exercise.
    .
    My 200 words may be up.

  • 1
    0

    And CT will soon tell you that the time for comment to be made on your article “is up”!
    .
    Before that happens, may I suggest that you ring this number: 077 2987 665. Even if there is no response, you will receive a return call.
    .
    I have “LIKED'” the comment by “Good Sense”. From it, I gather that your article is saying that we, the citizens, ought to be able to “recall” – i.e. “dismiss” – a politician whom we have voted in. I know that it is possible to do so in some countries. The current situation in Lanka shows that it is a capital idea!
    .
    This may be one of your hobby horses. That must be why “Jit”, a very good guy with whom I have interacted quite a lot, accuses you of “cut and paste”. Jit is impatient, and often talks without thinking. We are all capable of creating “hobby horses”. Let’s say that it is a common human weakness. Often it harmless.
    .
    I have my own hobby horses; I will come to it in yet another comment. I remember with nostalgia the days when there were no word limits. Some people used to exploit that limitlessness. Some people! Mea culpa.
    .
    Oh, well!

  • 2
    0

    Dinuk – man or woman?
    .
    No idea. I don’t read her stuff at all. Just DISLIKE!
    .
    Am I inconsistent? I said that I cannot comment on your article, because I have not read it.
    .
    True. But I have received training in reading. I feel that I’m usually sound in the judgements that I make using extrapolation. “old codger” has told me that he does it much of the time. He refuses, ALWAYS, to tell us who he is. How did he tell me? Purely through comments. He’s brilliant!
    .
    I consistently proclaim who I am. Please see what I have said here:
    .
    https://www.colombotelegraph.com/index.php/chelvanayakams-124th-birthday-the-need-to-honour-him-with-transparent-cms-administration/
    .
    You will be shocked to see some of the things that have got revealed there. I’m saddened by it all, but what’s to be done? We have to face facts.
    .
    If anything that I have said isn’t understood by you, please tell me. I shall explain.
    .
    One question: “Are you a trained reader?
    .
    Panini Edirisinhe of Bandarawela (NIC 48 3111 444V)

    .

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.