17 July, 2019

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Removal Of Prime Minister Is Unconstitutional, Undemocratic & Undermines People’s Will

By Lionel Bopage

Dr. Lionel Bopage

The Australian Advocacy for Good Governance in Sri Lanka (AAGGSL) strongly condemns the Sri Lankan President’s abrupt removal of the incumbent Prime Minister on the night of 26 October 2018. It is our considered view that the President’s irresponsible and unwarranted action is illegal, unconstitutional and a severe blight on Sri Lanka’s democracy. 

The changes brought about by the Nineteenth Amendment to the Constitution, overwhelmingly passed in April 2015, removed the President’s power to dismiss the Prime Minister, ensuring that the Prime Minister is responsible to Parliament, not to the President. Thus, the Prime Minister’s term cannot be interfered with by the President and his ability to destabilise the government has been constitutionally scuttled.

Furthermore, the President cannot gauge whether or not an incumbent Prime Minister commands the confidence of Parliament unless it was put to test in the floor of the House via a no confidence motion. The fact that the serving Prime Minister and Cabinet was given no notice of the intended action by the President smacks of a political coup to remove him from power at any cost.

AAGGSL understands that this disgraceful U-turn by the President on ‘Good Governance’ and his blatant disregard to sound democratic norms for political expediency, is already descending the country into chaos and instability. Reports of persecution and mounting threats to media outlets, including the state-owned Lake House and national television Rupavahini, by the loyalists of the illegally sworn-in prime minister are posing considerable challenge to the rule of law, freedom of expression and peace in the country.

We call upon the President to immediately summon the Parliament and resolve this crisis brought about by his unconsidered act, swiftly, democratically and constitutionally.  Any other attempts including prorogation of parliament will only undermine the will of the people. Political canniness to achieve the personal goals of autocratic and corrupt parliamentarians will only add to the woes of the country that is just emerging from decades of international isolation.

At this crucial juncture, the people of Sri Lanka are understandably angry and reserve the right to do everything within law to protest and demand the fulfilment of the promises made for which they cast their priceless votes on Thursday, 8 January 2015. They will not take lightly the shrewd and cunning assumption of power by the unabashedly unapologetic cronies.

The survival of Sri Lanka’s democracy, peace and development, reconciliation and international reputation is at stake. We call upon the people of Sri Lanka and civil society organisations to collectively take a stand against this drastic move.

Signed:

By Dr Lionel Bopage, President, on behalf of Australian Advocacy for Good Governance in Sri Lanka, Australia

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Latest comments

  • 19
    3

    M&s is showing his ungratefulnrss to the world..

    It is not a decent politics .
    6.2.million UNP votes and he cheats public ..
    If something goes wrong he must be responsible for his hasty decision to remove PM..
    Who can remove him except parliament .
    A lot of lies in his speech ..
    He was saved from death by UNP votes ..
    What a shame to do this

    • 13
      0

      Here those who bring their pro- arguments the appointment of the new PM to be constitutional:

      believe that they including President have the power to decide who to be the next PM.

      Then the biggest question arises:

      if parlimentary majority is no of importance here, why the lankens are entitled to call for elections ?
      After pepole gave the mandate to parlimentarians, they are the ones that will represent the people ‘s wishes.

      But interms of new PM appointment, President has violated, the constitution and unananimously made the appointment.
      As articles clearly say_ the appointment is totally unconstitutional.
      And the fact is that speaker has not yet been contacted before they decided to prorogue the parliament.
      And Ranil W – has got 106 seats in the parliment while JO and UPFA has got just 96.
      They have to show who would have the 113 members in the parliament.

    • 10
      0

      She the vandalists threaten to remove PM out of Temple trees tomorrow at 8 am.

      https://www.youtube.com/watch?v=Lqd3DTZLzsA

      This is no means democracy.
      How these bugger act is against democratic ways.

      Speaker has made it clearly that the appointment is illegal.

      • 6
        0

        it should be see the vandalists to the manner they had then been reacting…. etc

  • 11
    12

    Lionel Bopage, mind your business closer to your home in Australia.
    You have no right to open your gab as you are one of those persons who tried to takeover the GOSL unconstitutionally through blood shed.

    • 7
      5

      You are trying to avoid discussing the issue by referring to something else. What a diverter!
      There is no bloody business in the world today that could be considered closer only to one’s home. It is globalized world, whether you like it or not.
      But to the point: In this particular instance, the legislative intent of the Parliament in enacting the 19th Amendment to the Constitution needs to be considered when interpreting it. When an amendment or a statute is clear and unambiguous, the inquiry into legislative intent is not necessary.
      However, when an amendment or a statute could be interpreted in more than one way that legislative intent needs to be inferred from sources other than the actual text of the legislation. In this instance, the intention is clear and that was to provide supremacy to the Parliament rather than the President.

      • 3
        3

        Hello Bope, what Thonda says is exactly right!!. When you take up arms & do it, it is fine & alright, & when someone else does it without a war, it is illegal, undemocratic & unconstitutional. What a hypocrisy & duplicity!!!. All what you are worried now is JVP, AKD & your Gang most probably will not get the same amount of money from diaspora. We can’t help for that & hence please shut your arrogant mouth & your dreams of dividing the country & compensating LTTE war criminals will never happen from now on wards!!!

      • 3
        2

        It does not matter, you were a Sinhala terrorist one time, right? How may innocent people died through your revolutionary activities, directly committed by yourself or egging on others to do your bidding, and then escaped to a foreign land to prevent your karma chasing you. You should have remembered to stick to the constitution.

    • 5
      8

      Absolutely!! Who is this Bopage ‘now canvassing for LTTE’ to talk about democracy??

  • 10
    2

    From The Grapevine.
    Let me explain as to what happened on Friday the 26th of the appointment of MR as the new PM, while the PM dejure RW sits in post. According to what I hear the man at the bottom of this drama is S.B.Dissanyake who has had discussions with Ravi Karunanayake who had shown his willingness to cross over with twenty others from the UNP to form a new govt under MR. Taking this news seriously, SB had set about preparing the ground work, while GL had shown the provision, the loophole to put the icing on the cake. As a first step they had speculated the assassination story of the President to inflict fear to draw him back to MR which they have been successful. I hear that Nalaka Silva DIG was a plant in the story of this assassination plot. Otherwise imagine him discussing killing the President over the phone with a non pod to be identified later from the voice recordings, that it was his voice alone to give credence to the plot to drive Maithripala Sirisena to believe the story. Thereafter they set about for the SLFP Ministers to decamp, for the Cabinet to become non functional, giving the Opportunity to the President to nominate a person whom he believes could command the Parliament which according to GL Peris is valid in the Constitution. However the cross overs that they expected soon after the swearing in, did not materialise and the President had to hurriedly prorogue the Parliament to enable the Rajapaksas and their supporters to get their act together. Now it is a forgone conclusion that MR will never be able to show his command over a majority to form a Govt. Expecting the plan to take effect, they had planned to take over Rupavahini, Petroleum and other important Institutions under their control, which is evident now from the incidents reported in the media.

    • 7
      1

      gamini,

      As an insider ……… you should convey to Ranil and the young UNP MPs like Ranjan, Harin, Mangala et el …….. to keep on message and shout from the rooftops …….. that this was done by the Rajapakses to avoid their approaching trials ……… to save their family and the rest of the crooks ……….. you should not let them take the moral high ground by talking about saving the country and other bullshit ……… also if you can get a few Western countries to threaten sanctions ………. fire has to be fought with fire.

      But the UNP has to stay on the simple message (like what they did to UNP with the bond-scam negative propaganda)……….. that the Rajapakses are just trying to save their skins from the special-courts by this undemocratic constitutional coup to take over power. Stay on message ad-nauseam. …….. it’ll have traction …….. give them a dose of their own medicine.

      Ranil can’t be lethargic ………. he has to spring in to action to win the propaganda war …….. and this is an easy one to win ……… it’s now or never. He has to send out young guys who are good at properganda ……….. he should keep away because he is terrible at communicating with the Lankan public.

      Good luck ……… the poor country needs it now!

      • 4
        2

        Gamini,

        You have to fight the fire of these lowlifes with fire ……….. the gloves have to come off.

        To hell with China, Russia and all the rest of the crap countries no one wants to go ………… get some of your friendly Western countries to blacklist and ban all of the coup-conspirators like SB, Weerawansa, GL, Bandula ……….. and the rest of the gang and their families from entering their countries.

        They know which side their bread is buttered ………… This nonsense will subside in no time.

        The UNP can’t just sit and wait ………… gotta get cracking and be proactive ………… look how the other side planned and pulled the coup ………. gotta hit them between the eyes ……….. before their next move!

        • 4
          0

          Gamini,

          I don’t know the ground situation there ……….. but according to Ranjan Ramanayake China is spending big money to buy MPs

          As you know there is a bare knuckle battle going on between the West and China for the control/influence the country

          Unlike the Chinese the West don’t need to spend any money ……….. get the US and a few other countries to send a subtle warning to the coup-plotters that they and their families will be blacklisted and prevented from entering those countries ……… it’ll do the trick.

          Gotta be smart about this ……….. we must prevent the country from the impending dictatorship and the bloodbath.

        • 0
          1

          I laugh at you Gamini for your ignorance.
          Runs and China are very advance cash rich countries .
          Not like Amaruca and Europ.
          Learn from a kid at least other wise you should your ediocy to whole public

  • 1
    11

    Who is this Bopage?
    Has he got a bigger PhD than Dr Laksiri?….

    • 8
      1

      Sumanaya, he is certainly far more educated than a mutt like you.

      • 4
        7

        Bopage is a man who believes that the “END JUSTIFES THE MEANS”.

        Kill, lie, do anything to achieve the end.

        After absconding to Austalia to avoid paying for his blood-shed directed crimes, he joined hands with the LTTE-rump and the Catholic Action groups.

        On the other hand, he had even joined with the “sunimal fernando” types who were trying to organize the farmers to revolt, while misleading them about agriculture.

        They were even thinking of setting up an “agricultural college” in Jaffna ostensibly to train the Jaffna farmer to farm (“my foot !) – of course the hidden agenda was to create political chaos., from where the revolutionary comrades can capture power.

        These idiots live in a world of their own.

        • 2
          1

          Absolutely agree Saman. Whatever the previous governments in power should have done was to bring these culprits such as Bopage back in to Sri Lanka to face the justice for the atrocities that they carried out. Now he talks like a saint as every other current JVP gang who do not even want to ask the government to investigate how his leader was killed by then UNP government. However, they are so concerned about the killings during the last stage of the 2009 war, devolution of power & compensating LTTE terrorists. Probably Bopage may be thinking of getting his fair share for the murders he committed during 1971.

      • 2
        5

        Vellala Thamil from Scarborouh…

        So you went to school . Surprise surprise…

        Then what were doing in the Gents, in that Shopping mall next to the Goat Curry shop, with the Bucket and the Mop…

        Were you doing a PhD?….

        • 2
          0

          KASmaalam K A Sumanasekera

          “Then what were doing in the Gents, in that Shopping mall next to the Goat Curry shop, with the Bucket and the Mop…”

          He must have been watching Bandula Jeyasekere’s lewd act with a Sri Lankan looking and sounding boy. Or was it you?

    • 5
      4

      KASmaalam K A Sumanasekera

      “Who is this Bopage?”

      He is a former Sinhale Terrorist.
      He may be related to you.
      He was lucky escape weeping widow’s bullet/handbag.

      Did you know the weeping widow always wanted to show the men she was assertive, she used men’s toilet in the parliament.

    • 0
      1

      Sumane,

      Do you ask about the font size? You may be correct, because some universities select larger fonts for the PhD. But one of the niceties USJP is, for a fee, you can order your custom font size and preferred title.

      Sadly none of us had the chance to compare those two guys’s certificates. Sorry man!

    • 5
      4

      You are trying to avoid discussing the issue by referring to something else. What a diverter!
      My doctorate doesn’t matter. I believe Laksiri has misconstrued and misinterpreted the law behind the 19th Amendment to the Constitution.

      In this particular instance, the legislative intent of the Parliament in enacting the 19th Amendment to the Constitution needs to be considered when interpreting it. When an amendment or a statute is clear and unambiguous, the inquiry into legislative intent is not necessary.

      However, when an amendment or a statute could be interpreted in more than one way that legislative intent needs to be inferred from sources other than the actual text of the legislation. In this instance, the intention is clear and that was to provide supremacy to the Parliament rather than the President.

      • 5
        0

        Lionel Bopage

        “I believe Laksiri has misconstrued and misinterpreted the law behind the 19th Amendment to the Constitution.”

        Whether his judgement is right, wrong or meaningless, it is his intentions that should be questioned.
        Why does he in a hurry to endorse the crook and cronies on flimsy interpretation of constitution. These matters should be discussed in the parliament or higher courts of law (not being chaired by cronies). In the absence of recourse to constitutional courts the Parliament’s primacy is paramount (even in a sham democracy).

        For all intents and purposes it is the responsibility of the Ranil’s government to protect all confidential files relating FCID, CID, …. investigations, mere day is more than sufficient for Mahinda’s cronies to remove those files.

        Therefore, being a seasoned observer what is his intention to crown the crooks hurriedly and allow his cronies to take control of the entire state apparatus.

        In the mean time he refuses to comment or condemn the speeches made by Mahinda’s poodle, Wimal Sangili Karuppan Windbag Weerawansa for inciting violence against serving prime minister.
        It must a strange world of academics.
        Hope you don’t mind my pseudonym.

      • 1
        1

        You are not a attorney I believe. Let the people & the legal fraternity of Sri Lanka take care of this matter. You stay in Australia & the country doesn’t need people like you who helped kill thousands of innocents civilians in Sri Lanka in disguise of a bogus revolution & escaped to a western country without facing any punishment for the killings you involved in. And not only that now again living on diaspora money with the intention of dividing the country in the name sake of devolution of power. We don’t want to listen to your opinion on this matter. If you want, then come forward & compensate those who were killed by you in 1971 first.

    • 1
      1

      Don’t worry as to who is who is Bopage. Answer to his writings.

  • 9
    1

    Looters, theives and murderers are taking the higher moral grounds. This is pure and purely undermocratic, illegal and unconstitutional greedy power grabbing. Sirisena story is like that woodpecker pucked the plantain trunk, and got stuck for good. It’s the Waterloo of you and Sirisena. By this all of you lost all the little respect and good regards what you had with the people. All of you are fully naked in front of the world. Any amount of stories wouldn’t hold water and justify all of yours’ bad actions. Your’s and Sirisena’s stories are smokescreen to hoodwink the people. Don’t think and take their intelligence for a song, they are smart and fully knowledgeable, and wouldn’t fall for all your lies. All of you don’t know the pulse of the people, and because this terrible thing, they are on daily basis showing their supports and sympathies to Ranil and UNP, and all of you did a good favour to them to revive their fortunes. .

  • 3
    6

    DO not forget that as JVP leaders including Bopaga, who had been violated order of Democracy system of governance in 1971 April counter-revolution?

    Ongoing that UNP political vandalism and JVP-Terrorism are same politics of anarchism are by products of Neo-liberalism of capitalism.
    dr.Bopage was/is products of politics of anarchism by JVP led principle of Terrorism in 1971 and 1988/89/90 ?

    Your past deeds & records did not show that your are NOT that aligned of politics with norms of Democracy in Lanka!

    • 4
      4

      More to the point:
      In this particular instance, the legislative intent of the Parliament in enacting the 19th Amendment to the Constitution needs to be considered when construing it. When an amendment or a statute is clear and unambiguous, the inquiry into legislative intent ends at that point. However, when a statute could be interpreted in more than one way that legislative intent needs to be inferred from sources other than the actual text of the statute.

      The intent of the 19th Amendment in this instance was to provide supremacy to the Parliament rather than the President. The AAGGSL Media Release needs to be read in that context.

      We are not discussing the 1971 April Uprising here. If you want to find the other side of the story, read The Lionel Bopage Story (https://www.vijithayapa.com/product/view/26687).

      But good luck with your historical misinterpretations, because in 1971 whatever our shortcomings and mistakes were, it was the regime who killed and burnt many thousands in cold blood, because those in power did not want any third political force to upset the established crooked political system.

  • 8
    2

    If the current exercise amounts to Treason then both MR and MS could be held liable to face the consequences. No wonder Gota is fighting shy of taking an appointment just now because if the act tantamount to Treason, Gota can be tried out for the unlawful assembly by a US Court for his participation as a US citizen.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 4
    1

    gamini

    US and Hindia wouldn’t mind if this country is torn apart upto a limit.
    This could be a temporary measure on the part of the crooks and their gang.

    They need a window to remove all those incriminating FCID, CID. files, ………………

    People don’t realise they would be helping crooks, thugs. war criminal to take over absolute power from legitimate government.
    Please watch this clip:
    https://www.youtube.com/watch?time_continue=5&v=jkd1LSBueZY

    Does Ranil have the staying power and persistence?
    When the Going Gets Tough, the Tough Get Going.

  • 1
    4

    What we see today is the results of an ill-conceived constitutional amendment. There is no parliamentary democracy which says that a government cannot be dissolved until 4 years. The best solution to this problem is to call a general election which is blocked by the 19th amendment. January 5th was the biggest farce in our electoral history. A perennial loser who cannot fight a presidential election straight found a scapegoat to get power. He was installed PM without any vote and did not receive a majority in the subsequent parliamentary elections. The CJ was sent home using a chit. None of these Doctors of democracy talked a word! What RW and NGO mafia are getting today is what they delivered to others in 2015. MS should suspend the constitution, declare martial law if necessary and call a parliamentary election for people to decide their choice.

  • 2
    5

    The opinions of worn out ex-JVP hacks (who were helped by the UNP to get asylum in the West) do not matter.

    PUK Hamu won’t be able to gather 10 people at Temple Trees to safeguard his ‘right’ to occupy the luxury of the place.

    If he is honest about his ‘Yahapalana’ bullshit, he should leave Temple Trees now. He is no more PM, he should accept and bloody retire.

  • 0
    0

    Dr Lionel Bopage, President of Australian Advocacy for Good Governance in Sri Lanka, Australia (AAGGSL) calls our predicament ~ “……shrewd and cunning assumption of power by the unabashedly unapologetic cronies………”.

    Some of us lay-Lankans feel that it was a coup and the number is on the climb!
    .
    By the way, is Michael Roberts on AAGGSL? And former High Commissioner Rtd. Admiral Thisara Samarasinghe?

  • 0
    0

    What Ranil and his cronies has done to the country? Can anyone say country economy improved under his tenure? Also, he proved he is a thief by orchestrating bond scam.
    He could only get 35% from the last election.
    He is already a write off.
    Just give MR 2 weeks or go to elec9to ask people for mandate.
    Too scared to do that

  • 0
    0

    Comment by dr. L bopage…
    In spite of all the time of Insurrection day of 1971 April 5th where were you?
    After taken decision to attack police station by JVP CC, at that time you joint decision ,then you were hiding in Panadura Buddhist Temple .

    You escape for point where you supposed stay at that day in 1971 April 5th?
    Is that this mode of accountability & responsibility by quality of brave by JVP leadership including you?
    In terms of revolutionary politics that you have lost confidence and credibility of People of Sri Lankan?

    You having right to talk of “Democracy”, but that because of ongoing political crisis, not the matter of unconstitutional issues ,it is issue is matter of survival of Nation Democracy norms and values betray by UNP leadership of Ranil Wicks and CBK of Federalist.

    Some how we want redress and directed to path of restoration of Democracy governances in our soil in future generation betray by UNP mismanaging of governance which against “good governance” and ‘Rule of Law ‘ promised by 2015 January 8th and it mandate .
    The UNP leadership betray social contract.

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