24 April, 2024

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SC Gives Green Light To Passage Of 20A: Clauses 3, 5 & 14 Can Be Passed Without Referendum But Subject To Amendment – Determination

Sri Lanka’s apex judiciary – the Supreme Court in its special determination on the controversial 20th Amendment ruled that bill could be enacted with a mere two thirds majority (special majority).   

Jayantha Jayasuriya CJ

The five judge bench presided by Chief Justice Jayantha Jayasuriya PC, and Justices Buwaneka Aluwihare PC, Sisira J. de Abrew, Vijith K. Malalgoda PC and Justice Priyantha Jayawardena PC ruled that although four clauses vis-à-vis Clauses 3, 5, 14 and 22, in their present form are inconsistent with the Constitution.

However, such inconsistency in two such clauses vis-à-vis Clauses 3 (i.e. Powers and functions of the President) and 14 (i.e. summoning, prorogation  and  dissolution of Parliament by the President) would cease by amending in accordance with the proposed Committee Stage amendments and consequently would not require a Referendum. 

In addition inconsistency in Clause 5 (i.e. Immunity of President from suit) would cease, if the clause is suitably amended as specified in this determination hereinbefore at the Committee Stage and consequently, would not require a Referendum. 

However, it could be inferred that the passage of the remaining clause (i.e. Clause 22) pertaining to the repeal of Article 104GG (which stipulates that failure to comply with directions of the Elections Commissions to be an offence) would not only require a mere two thirds majority (special majority) but also a Referendum. 

The conclusion of the determination is as follows:- 

“We have considered other Clauses in the Bill that are not mentioned hereinbefore, and are of the view that none of them are inconsistent with any of the Articles referred to in Article 83. For the reasons herein before stated we are of the view that the Bill titled “Twentieth Amendment to the Constitution” –

a) Complies with the provisions of Article 82(1) of the Constitution;

b) Requires to be passed by a special majority specified in Article 82(5) of the Constitution;

c) Clauses 3, 5, 14 and 22, in their present form are inconsistent with Article 3 read with Article 4 of the Constitution and therefore require approval by the People at a Referendum by virtue of the provisions of Article 83. However, such inconsistency in Clauses 3 and 14 would cease by amending in accordance with the proposed Committee Stage amendments and consequently would not require approval by the People at a Referendum; and,

d) Such inconsistency in Clause 5 would cease, if Clause 5 is suitably amended as specified in this determination hereinbefore at the Committee Stage and consequently, would not require approval by the people at a Referendum”

Justice Priyantha Jayawardena, PC, concurring with the above issued the following:- 

“I agree with the conclusions of His Lordship, the Chief Justice and my brother judges B. P. Aluwihare, PC, J., Sisira J.de Abrew, J., and Vijith K. Malalgoda, PC, J. that Clauses 3, 6, 7, 14,15, 16, 17(4), 20(3), 27, 28, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 of the Bill can be passed by a special majority required under Article 82(5) of the Constitution without seeking the approval of the People at a Referendum by virtue of the provisions in Article 83 of the Constitution.”     

The determination is to have been conveyed to both the President and the Speaker Mahinda Yapa Abeywardene and it is learnt that the Speaker will announce the determination on 20 October.  (By Rashmika Ranasinghe) 

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Latest comments

  • 40
    3

    AS I wrote in of my previous comments this was a forgone conclusion. The judges were told what to do at the very beginning. They took time , just to hoodwink, the sinhalayo buddhist that they (the judges) have their own mind. Well done SRILANKA. WE will soon be a DICTATORIAL country with official approval. Any dissident will be white vanned and fed to crocodiles as in early 2000.

    • 25
      2

      Nothing surprise. This is SriLanka.

      • 1
        5

        No needs to surprise, the world’s first woman Prime Minister introduced to the world Sinhalese Aryans country, Sri Lanka (Heladiva)

  • 38
    4

    The esteemed judges live up to the high expectations. Dan Sapada? The Sinhalese masses are getting their own Prabhakaran now. Puthe, Get the Cyanide capsules.

    • 35
      4

      Ajay,

      Good riddance ! we told the people if RAJAAKSHES would be back to power, human flesh and bones would be available in local super markets. People never listened to us. Today, nothing is achieved, but Rajapakshes s KINGDOM is in making. How stupid our people should be. THose who should long be in jails are made leaders of the nation. Marginalizing decent politicians saying about a BOND scam and easter sunday masaccure..
      :
      I now believe, EASTER SUNDAY disaster was premeditated murder for their comeback. Architects are SIRISENA and Rajaakshes. These men should be raw burnt to give some reliefs to those victimized families, because there will be no injustice or near to that, in this life to those families.
      :
      Malcom Ranjith OVER to you, go on being servile to Rajapakshes. Srilanken christians would never forgive you … basta.

      • 2
        19

        leelagemalli ,

        Calm down , calm down ! Watch out , your BP will let you down !
        Now , why do you blame the INTELLIGENT SINHALESE VOTERS
        who are being so branded for generations now by all colours of
        our politics for their votes ? Is it not the same INTELLIGENT
        masses who built Southern Express way and Hbantota Port that
        wanted more from the same sources ? You are connecting Sira
        with Rajas as architects of Easter carnage , where is Bond Man
        in your charge sheet ? Is he still Mr Clean in your book ? Oh
        come on Leela , let’s do some justice to our health ! There’s
        enough INTELLIGENCE in the land , don’t you believe ?

        • 0
          2

          Thanks to Velupillai Prabakaran. He massacred 90% of Tamil politicians and TNA leaders, luckily Raja-Virodhi Sambandan escaped due to his double game.

      • 23
        4

        Whywhy@
        It should be there will be no justice for any of the victimized. Victimized have to join hand with Thajudeens family. Thajudeen was the rugby player who was murdered and thrown on the left side of the vehicle. Almost all came to light, but bp SIRISENA s spinelessness burried the case being further investigated. I think SIRISENA should be raw burnt for protection of the criminals. I am sorry for nearly 6 mio of voters that saw the danger if criminals would be back to power. I think we cant keep hope for a better srilanka if 20A would be passed next in the parliament.
        :
        Why should we be led by idiots ?

        Bond Man #s issue is just a mustard when comparing with the loads of LOSSES made by Medamulana rascals since 2008. Bond SCAM was inevitable. If anyone would believe that to be the fall of srilanka, he or she should start going to KINDERGARTEN again.

        Sirisena is the ultra modaya who never thought about the nation but behaved like a mad soldier took the weapon, alone his statements given tot he COMMISSION two days ago, can pave the way him to be ended up in prison.

        • 4
          2

          “Bond Man #s issue is just a mustard when comparing with the loads of LOSSES made by Medamulana rascals since 2008.”
          You said it, LM.

          • 4
            1

            Not me but Sirisena himself if u listened his speech held during that 52 day fake govt. Besides entire world know alleine Sreialanken airline losses are 300 billions, and the losses claimed by bond scam prior to 2015 are over 900 billions. The loss reported during MS-RW are just 10 billions and that s deposited in CB.. And Sirasa TV painted the picture in favour of Sirisena a hidden agendas. This was similar to Namal Kumar drama. Now it s revealed Namal Kumar was paid by president s office. Sirisena and MR are to be blamed more. ????

    • 2
      5

      Most Sinhalese love 20A and hate 13A. Truth to be told.

      It is Tamils and Muslims who must get the cyanide capsule give the powerful man’s past (1972 to 1991 and 2005 to 2014). He will be even more powerful. He knows only too well that he only needs Sinhala votes in 2024 to enjoy all the new powers he has. In 2019 Tamils and Muslims totally rejected him and he has not forgotten!

      • 4
        0

        Not most sinhalese but 7 mio out of 15 mio of voter eligible.

  • 18
    2

    URGENT – URGENT – URGENT
    .
    Sri Lanka’s Supreme Court has given green light to the 20th Amendment.
    Is anybody surprised?
    From the very beginning, I shared the fact that the 20th Amendment is to pave the way to sign the MCC Agreement.
    SC’s decision will be presented to Parliament on 20 October.
    2020 – 20A – 20th. Too many 20s. Gotabhaya’s birthday is on the 20!!! He may have thought the number 20 is an auspicious number to betray the country.
    And I also said that the unholy urgency of the 20th Amendment is to sign the MCC Agreement before the American Presidential Election.
    It has become true now.

    • 20
      2

      FOR THE URGENT ATTENTION OF SINHALESE.
      .
      American election is scheduled to be held on November 3.
      Sri Lankan Parliament will pass the 20th Amendment before 28 October!!!
      Why 28th? Because US State Secretary Mike Pompeo is scheduled to visit Sri Lanka on October 28, after visiting India. This is a one day visit. This “yaka” tried to make this exact visit early this year, too, to sign the MCC Agreement.
      Once the 20A is passed, Gotabhaya will become American again!!!!
      That is the reason for his unholy urgency to pass the 20A to make him become a dual citizen AGAIN with “full Presidential Immunity”, before he signs the MCC Agreement.
      28 October, 2020 is going to be historical as “American State Secretary” Mike Pompeo will sign the MCCA with “Sri Lanka’s American President” Gotabhaya Rajapaksa.
      As I said, this sudden “corona drama” is to pass the 20A and sign the MCC.
      .
      WAKE UP SINHALESE, at least now!!!!!
      Sinhalese kings, our ancestors and Buddhist priests have protected this country with life and handed it over to us to further protect. There is no way we let this slave President betray our country.
      C’mon, Sinhalese!!!
      Let’s hoist black flags and RAISE OUR VOICE AGAINST Mike Pompeo’s visit and GOTABHAYA’S TREACHERY to handover OUR MOTHERLAND to the US!!!!

      • 6
        3

        So they need a sudden “corona drama” to pass the 20th amendment? And the president needs the 20th amendment to sign the MCC deal? Get real. Before you call on others, pinch yourself and get back to planet earth. The dual-citizenship thing has been scratched from the 20th amendment. They should scratch the whole dual citizenship act altogether, so that we as citizens can have some peace from foreign dwelling patriots.

        • 9
          0

          Yes, corona drama was to instill corona fear in the society again and divert people’s attention from the 20A.
          There will be even lockdowns and curfews until the MCC is signed.
          After that corona will disappear again.
          In Sri Lanka, Covid-19 comes and goes as the President pleases.
          You say, “the dual-citizenship thing has been scratched from the 20th amendment.” Really, did the President re-gazette the 20A without the dual citizenship part? I don’t think so. They excel in hoodwinking people.

          • 4
            2

            Citizenship issue is not in the gazette I just downloaded.
            THE GAZETTE OF THE DEMOCRATIC
            SOCIALIST REPUBLIC OF
            SRI LANKA
            Part II of August 28, 2020
            SUPPLEMENT
            (Issued on 02. 09. 2020)
             
            (I have ofcourse not read the whole thing. Just searched for the word citizenship and nothing comes up).
             
            Can you tell me why the President needs the 20th amendment to sign the MCC. I really do not know. We haven’t heard of the MCC in a while and I think the MCC is also off.
             
            “The proposed compact had the Sri Lankan administration’s support until it was voted out of office in November in favor of a president, Gotabaya Rajapaksa, who is viewed as more nationalist and friendlier toward China. Rejecting the MCC compact — on the basis that it would risk Sri Lanka’s national sovereignty and national security — was a central issue in Rajapaksa’s winning campaign. …” – Michael Igoe

            • 3
              0

              Dear Punchi Point,
              .
              “I have of course not read the whole thing.”
              .
              Thanks.
              .
              You’re being honest. How many pretend to have read who wouldn’t even know where to look.
              .
              With reference to your request, below, for a referendum: it would cost a good deal, but,
              .
              Better a one off spending than these endless amendments – and the Wars – which are a direct result of dishonest politics.
              .
              Even our idiot citizens may focus on a single issue as given in a referendum. Yes, our voters are idiots who don’t think. I heard Handunetti forecast it – that the votes would go elesewhere, and then our fellow-citizens would castigate the SLPP rogues in Parliament a month later.
              .
              How many wars for a country that seemed to have such a bright future in 1948?

              • 0
                1

                Sinhala_Man, if this is not put to a referendum and they just adopt it, then the first few instances where the president tries to use his new powers against the will of the people, (assuming that he does so), people will start reacting. Even the people who voted for him will go against him. If it is adopted with a backing of a referendum, then the president and the government will have something to refer to. It seems that they know that this will not get accepted in a referendum, that is why they are doing their best to avoid it. We will see whether a couple of those who make up the 2/3 majourity will dare to vote against. Who knows….. then it will be voted out in the parliament itself.
                 
                Its not only that most of our/us voters are unable to think, the problem is the media giving so much misinformation.

                • 2
                  0

                  Punchi Point / October 11, 2020

                   0

                   0

                  Sinhala_Man, if this is not put to a referendum and they just adopt it, then the first few instances where the president tries to use his new powers against the will of the people, (assuming that he does so), people will start reacting. Even the people who voted for him will go against him. If it is adopted with a backing of a referendum, then the president and the government will have something to refer to. It seems that they know that this will not get accepted in a referendum, that is why they are doing their best to avoid it. We will see whether a couple of those who make up the 2/3 majourity will dare to vote against. Who knows….. then it will be voted out in the parliament itself.
                   
                  This is very correct/??????Its not only that most of our/us voters are unable to think, the problem is the media giving so much misinformation?????????

                • 0
                  0

                  Punchi Point
                  A referendum is the last thing Sinhalese want, for Gotabhaya and Basil have the power and mechanism to easily rig the election!

              • 0
                1

                Were we actually looking towards a bright future in 1948? I don’t think so. What’s so bright about plucking tea and selling to pre-determined prices set by the same colonial masters who destroyed our industries, took our land and set up the plantations and imported foreign labour and made us tea-producers? Besides the ethnic conflict was a fact, long before 1948. The future was not bright then, and it was not the intention of our colonial masters that our future should be bright.

            • 3
              1

              You are way behind others in terms of news.
              When people elected Gotabhaya, they were of the view that he would not sign the MCC. But, he took a U-turn and appointed a committee to review the agreement.
              He needs the necessary executive powers and immunity via 20A to sign the MCC Agreement.
              There were many articles about the downside of the 20A. Please read them.

              • 0
                0

                This was a reply to Punchi Point’s comment above.
                20A replaces 19A.

                • 0
                  0

                  No. 20th Amendment does not replace all of 19th amendment.

              • 0
                0

                Way behind which news? Its hard to know what is true and what not true, since all news media are corrupt. Appointing a committee to see the good and bad of MCC is not taking a U-turn, but getting ready to take a U-turn, at best or worse depending how one looks at it. Reading articles by corrupt journalists is not going to give a proper picture of the 20th Amendment or anything else for that matter. These legal documents with endless references and numbers etc is not very tempting to even look at. That we have come to The Number 20 should say it all. When we have finally familiarised ourselves with 20 then it will be time for 21. You are right about the dual citizenship issue, though. Its still there in the gazette notice. (Read my answer to Ferrryman).

            • 2
              0

              Punchi Point :
              Missed the point ?
              Please read : https://www.outlookindia.com/newsscroll/sri-lankan-government-gazettes-20a-constitution-amendment-draft/1929174
              ……………….quote:
              The SLPP from the time the 19A was adopted in 2015 has been clamouring for its abolition, alleging that the amendment was meant to politically clamp the members of the Rajapaksa family.
              It made dual citizens ineligible to contest elections – at least 2 members of the family, including the current President Gotabaya Rajapaksa, were dual citizens at the time of 19A was approved.
              unquote……………….
              So when 19a is repealed, it makes dual citizens ELIGIBLE to contest elections, by default, by reverting to pre19a – ( ut ante statum reverti.)
              Sometimes what is not stated can be more dangerous as it surreptitiously misleads the trusting or the undiscerning.

              • 0
                0

                No, it is you who have missed the point. How is adopting the 20th amendment going to repeal all of the 19 amendment, without specifying that the whole amendment is repealed or each and every change in the 19th amendment is repealed? I do not know. As I understand what is repealed are some clauses in the 19th amendment. Now I have read the relevant part of the constitution about the dual citizenship issue and compared it to the 20th amendment. It is in Article 91 “Disqualification for election as a Member of Parliament” (xiii) it says: “a citizen of Sri Lanka who is also a citizen of any other country” and it is actually repealed by the gazetted 20th amendment under point 17 (4) : “by the repeal of item (xiii) of that sub-paragraph”. So I was wrong to assume that the news I read that the proposed repeal of the restriction on dual-citizens, has been scratched from the 20th amendment, is correct .
                 
                Can you give a reliable scholarly source. Outlookindia is a news site. Already in the little you have posted the reason for restricting dual citizens is totally distorted.

                • 0
                  0

                  In your outlookindia article it says “Also, three Independent commissions, which include the Elections Commission, will be abolished”. Seriously!!? This is utter rubbish. Can you please show where in the proposed amendment the Elections commission is abolished? Nonsense news media and corrupt journalists are making this extremely confusing. Maybe that is their intention too.

                  • 2
                    0

                    When it is stated that Independent commissions, which include the Elections Commission, will be abolished, it is in the sense these as stated in presently in 19A will be no more. By 20A, ALL these will include Presidents nominees only – and worst is that CJ and other judges will be appointed by him. The new Parliamentary Commission will only advise but advice need not be heeded. Hence not ‘independent”.
                    I can only wish you good luck – wait and see.

                    • 2
                      0

                      Yes Commissions – Independent no more.

                    • 0
                      0

                      My View.
                      Thank you for above.

                  • 1
                    0

                    No Commission will be Independent but exist as such in name. The President’s nominees only will be there. The Prez appoints CJ and all judges too.

            • 1
              1

              PP,
              The government will sign the MCC. What bankrupt idiot would refuse 480 million dollars on a platter? Even the Chinese won’t give us that.

          • 5
            0

            “In Sri Lanka, Covid-19 comes and goes as the President pleases”

            Exactly the truth. CHAMPA
            .
            THIS IS WHAT THE POHOTTUWA VOTERS NEVER EXPECTED.
            .
            GOOD RIDDENCE! They would nt care about the increase of the number of PCR tests. No matter anyone would die so long their expectations are met. Anichawatha sankara to srilanka !!!????????????????????????????

      • 2
        3

        Champa ,

        Just hold on ! You ring the wake up call ? No way ! They are already
        given GENERAL ANAESTHETIC ! Surgery and after that ICU , and
        nothing to worry , when the patients throw it up , we give you a call
        and you will be visiting them ! We do need you for post-surgery
        plans so, be ready to get busy !

        • 4
          0

          Why why.
          .
          Patients are overdosed, so that nothing can help them. The consequences are similar to that of misterious murder of Wasim Thadjudeen. Or better said that of Jamal Khashoggi.
          .
          People are so stupid, so that they would be totally misled by a referendum.
          .
          we know how stupid the majority of the country are. That ll be a bless for Rajapakse mlechcha politics. Meat eaters ll have the human flesh and bones available in Keells or any other super markets. Drug addicts and dealers ll ve slaughtered as Duterte did it in next days. Wait and see.
          .
          Cries and torments of the victimised ll be treated similar to that of tantalus. No matter what it is stubborn Gotler would nt utter a single word to the press.
          .
          Media s servility will remain even if Wimal Buruwanse and few others would be murdered next. Wait and see??????????????????????????

          • 0
            2

            leelagemalli ,

            Leela , are we not slowly and steadily getting qualified to go for
            sale on ebay ? India coming , China coming , the US coming and
            some existing ones going ! Among the new development
            projects ,we now need new cemeteries for our cousins , beloved
            cows and buffaloes ! Thajudeen will not resurface anymore and
            Kashoggi case is not his family matter any longer as the family
            moved to the US and now it is in Turkey’s court for play
            whenever it needs some fun . Now that we have a new leader
            with loads of experiences on world scenarios , from the US ,
            you got to be patient , wonders will be showering upon the
            great citizens of the paradise ! Don’t you believe ? So , easy ,easy
            Leela !

            • 1
              0

              Why Why,
              .
              I think you are so naive as the average mind set in the country. Cant you turn back and see how they delivered until 2015 ? why do srilanken care that little against HIGH crimes/criminals ? Is that because the country was hit by BRUTAL war, which killed thousand as clusters for a period of 3 decades ?
              :
              How many left the country during MR’s terms incl. Fedrica Jansi? former editor of Sunday Leader?

              Why did world brand srilanka as – NO DIFFERENT TO LYBIA by 2015 ? Only BELARUS and SWAZILAND were mango friends of MR by 2015 …. remember ?

              What happened to Hirunikas father, Eknaligoda, Lasantha, 11 young boys in teens just got ready to leave for UK for higher education, Rathupaswala boys that got killed, 23 unarmed prisoners got killed like cats and dogs …. and and… do I really CONTINUE the list ?

              Why do our people suffer from SHORT MEMORY syndrome ? Even if their lovely ones would have been murdered, why dont say utter a single word against high criminals ?

              I dont live in SL, my cry is on behalf of the masses that are really fallen in depths… Go to UVA and North, that will show you how destitute the people are.

              • 0
                0

                leelagemalli ,

                I’m not interested in proving to anyone how sophisticated
                I am ! And I am not going to dance to the tunes of anyone
                else either . Someone with reasonable amount of humour
                and has experience of years of presence on this forum
                knows and understands the write ups of long time readers
                who make their contributions standing on firm feet and
                regular basis . And I am not going to humiliate anyone
                asking him / her , to get back to school .

        • 3
          0

          Some said that Gotler s bitte silence today s upside down development s are because he has been busy with sharpening the weapons. Merciless man will run amok next days…
          .
          Vietnam, Myanmar and several other countries were o the top of countries that contained the virus Spread until few weeks ago, but their numbers are rapidly increasing today however islands such as Thaiwan and new Zealand have kept it under control. Islands can do it if leaders and their mechanisms are free

          • 2
            0

            From mlechcha hidden agendas. In srilanka leaders in power are merciless criminals. They are blood thirsty criminals as proved it until 2015. ??????????????

      • 3
        0

        Champa,

        Bahujja voters: yawn

        They love Americans, Chinese, Israelis, Pakistanis, Iranians or any devil as long as Tamils and Muslims are hurt. So they love 20A.

        Still have hope for a one nation in the island? If you still do, the fool is you.

        • 0
          0

          GATAM
          I don’t blame the voters. They didn’t have a choice. They only respected Mahinda’s choice of President.
          There are only 15 million Sinhalese people according to 2012 statistics.
          As a minority in terms of world’s population, the Sinhalese people will protect their only land and its sovereignty with life.

      • 4
        2

        Champa,
        Shouting here is ignorance. It is not Gotabaya’s treachery. It is Mahinda’s treachery in 2009. China came with Corona treatment to Sinhalese with 500 million dollar loan. What else they need to sell the country to China and USA? Gota was there when 60 Sinhalese massacred. You brought not only corona but also Gota!

        • 0
          0

          Ajith
          There is a connection between 20A, MCCA and ETCA.
          JRJ’s Constitution is so powerful that it is imperative to change various clauses to implement the MCCA and ETCA.
          The strongest word in JRJ’s Constitution is the word “unitary.”
          The clause containing the word “unitary” has been removed from the 20A, thus the President, or any MP is not bound by compulsory oaths to protect the unitary country.
          In other words, if the 20A is passed, the President can offer any parts of the country to the US to establish a permanent military base, which is the biggest concern of the Sinhalese people.
          .
          In regard to China: Mahinda never had to change the Constitution to take loans/grants from China as all the Chinese agreements fell within our Constitution.
          China was never a threat to our sovereignty.
          We lost Magamapura port to China due to Ranil and Sirisena’s inefficiency.
          Chinese presence in Sri Lanka or around our seas is not a threat.
          The threat will be the permanent presence of the US in our country and seas as they, by example, do not recognize or respect the sovereignty of other countries.
          With a meagre US$480M grant, the US will take away a vast tract of our archaeological & forestlands, our sovereignty and regional peace & stability.

          • 1
            0

            The only Chinese project I don’t agree is the Chinese Port City Project which is yet to complete.
            I understand the proposal to build a port city has come from the Sri Lankan side, not from the Chinese side.

      • 1
        1

        How can he hand over Chinese property to the USA? Very puzzling.

        • 1
          0

          Punchi Point / October 11, 2020

           0

           0

          Sinhala_Man, if this is not put to a referendum and they just adopt it, then the first few instances where the president tries to use his new powers against the will of the people, (assuming that he does so), people will start reacting. Even the people who voted for him will go against him. If it is adopted with a backing of a referendum, then the president and the government will have something to refer to. It seems that they know that this will not get accepted in a referendum, that is why they are doing their best to avoid it. We will see whether a couple of those who make up the 2/3 majourity will dare to vote against. Who knows….. then it will be voted out in the parliament itself.
           
          This is very correct/??????Its not only that most of our/us voters are unable to think, the problem is the media giving so much misinformation?????????

    • 4
      2

      Champi,
      .
      Some sort of hope, I had if I may say so. But now I feel, it is inevitable. Our people could think twice prior to Nov 2019.

      • 0
        0

        leelagemalli
        People didn’t have a choice other than Gotabhaya, in November 2019.
        Moreover, they expected same integrity and patriotism that of Mahinda!!!

    • 7
      0

      Srilanka is sinking.

      I have no faith on srilankens :!

      What is today independent ? Judiciary ?

      • 2
        1

        Srilanken TV media OVER TO U,
        .
        U can save this nation yet today
        .
        It is no late to TV media. U should take the side of general PUBLIC.
        .
        SRILANKRN MEDIA ARE NOT HSNDLED BY FOREIGNERS BY SRILANKENS BORN TO THIS ISLAND .
        .
        Wake up Media please think of the future of this nation. Please change the public perception in favour of the people but not misleading them as so far. ???????????????

  • 9
    1

    All is not lost yet – wait for the last ball – voting time. There seems to be some tinges of conscience of a few MPs and let us hope against hope that there will be No-es or even abstentions to defeat at least some of the extremely odious and unacceptable clauses.
    “To defy Power, which seems omnipotent;
    To love, and bear; to hope till Hope creates
    From its own wreck the thing it contemplates.” – Percy B Shelley.
    That indeed is our plight now.

    • 3
      0

      Ah, yes, Ferryman.
      .
      Said of Prometheus; and come to think of it, Shelley’s Prometheus Unbound was published in 1820 – too many 20s as Champa is saying.
      .
      Prometheus, if you remember, had stolen fire from the unjust gods, to give it to Mankind, and didn’t regret the action despite the harsh punishment that Jupiter decreed. My favourite adolescent reading – more exciting than Chemistry the way it is taught for A. Levels.
      .
      And LM, you’re in Germany. I was so much looking forward to the 250th Birthday of that other great hero – Ludwig van Beethoven – on the 16th of December this year. Looked for a full performance on Youtube. Not there. May have been put on but for COVID-19. But this music is fine: Zubin Mehta and the Israel Phil.
      .
      https://www.youtube.com/watch?v=PuzRbxU1X1Q
      .
      We, gambada iskolemahaththayas, were not supposed to research such topics. There’s enough information here for re-creation:
      .
      https://interlude.hk/beethoven-ballet/
      .
      Guys like Gota and Trump may not be interested,
      .
      But let us not mind our own business!

      • 1
        0

        Dear Sinhala Man,

        finally good monks reacted adequately and came forward to express their heart out today. I thought we have only FAKE monks. But the monks in the video made my day.

        https://www.youtube.com/watch?v=T7bmQTeaihU

        Why does Rev.Ranjith Malcom stay mum yet today ? Is that because he should support further the KINGDOM making in Medamulan Cave ?
        :
        What is wrong with Muslim Leaders ?

        • 1
          0

          leelagemalli ,

          “What is wrong with Muslim leaders”? There are times when “Silence
          is Golden”. If you ask Sarath Fonseka , he would say , in a war , it is not
          always forward march ! You sometimes take few steps back . I think
          it is needless to say the rest . Anything Muslims say , will end up in
          SLPP bags !

          • 0
            0

            It is the media make it happening in slanka. Blatant lies become headline news, only on srilanka. I have no idea why it is continuing in the country today. If u would talk to various walks of people they ll only nod their heads. That is how it works down there in sl??????

  • 4
    2

    I think the government is looking at a majour uprising, like the Arab spring or even a JVP-type uprising if the 20th amendment is not put to a referendum.
     
    Next time they make a constitution, it should include that all amendments to the constitution must be put a referendum, so that we can avoid all these mind boggling details, which most of us are not able to properly understand – one has to know the existing constitution and study the proposed clauses in the amendment etc. Then there are campaigns of huge misinformation and distortions, and who can keep track of all this and take an educated proper choice on any of this, even at a referendum, I wonder?

    • 2
      0

      “Next time they make a constitution, it should include that all amendments to the constitution must be put a referendum.”

      Agree.

      But there will be no uprising from the Sinhala community. Most of them love 20A and hate 13A. Any uprising must come from Tamils and Muslims who oppose 20A. After 1983 and 2009 that is very unlikely.

  • 1
    0

    all boru show
    …Sri Lanka sleep walking in to dictatorship…

    • 2
      0

      Rajash,
      The would is beyond cure.
      :
      They will abuse COVID situaton for their selfish gains

      I think Maha sanga rathanaya is yet in the Sleeping mode. Most of them are illiterates about the disaster before the nation. Entire world will corner will srilanka. We can also have to face with some TRADE SANCTIONS being imposed to us – very likely the situation would be more or less like that of Belarus. Wait and see… I have no sympathy to majority of the people. We turn to help POOR africa instead.

      ???????????????

  • 1
    0

    So does the world community expect accountability and justice for human rights violations from this very court? A joke!

    Can Corona save Sri Lankans from the Rajapaksa virus? Let’s hope so.

  • 4
    0

    This decision of the Supreme court is fuzzy.
    Compared to the ruling of the Supreme Court in November 2018 headed by former Chief Justice Nalin Perera, this decision of the current Chief Justice lacks analytical clarity and transparency, which leaves citizenry bewildered

    • 4
      0

      Of course we have not seen the official verdict yet but I agree that the arguments/views of the judges appear subjective and not clearly argued and expressed in legal terminology.

      • 1
        0

        And this is after arguments and deliberations of two weeks. Imagine under 20A giving just 3 days for a determination by the SC. 20A expects it to be so easy and like the TV review by third umpire on a ODI runout. Yes or No – in no time.

  • 2
    0

    UNP’s Yahapalanaya cooked up many thing for 5 years, mainly Sampanthan Ayya’s Secret Solution. Ranil created the 19A to seat him for five years on Prime Minister seat while fooling Tamils with a solution. International community who engineered the regime change let the Old Royals off the hook in 2015, falling on the net Ranil spread. Now Royal have come back very much stronger. They are going to protect the Buddhism in Lankawe for another 2,500 years until Buddha comes back. So the sand castle West and India build in Lankawe has been washed off with one tsunami of August 2020.
    Jayawewa!

  • 0
    0

    Reportedly, not only US State Secretary Mike Pompeo, but also US Defence Secretary Mark Esper will visit Sri Lanka at the end of this month.
    The government sponsored flaring up of Covid-19 patients in Sri Lanka is proof that the President will declare curfew in the country during the high profile visit by the US State Secretary and the Defence Secretary to sign the MCC and SOFA.
    Wake up Sinhalese!!!!

  • 0
    3

    A good judgement by the Supreme Court.

  • 2
    0

    At times I wonder if we have gone back to pre 2015 days when Judgements were written in Mahinda’s kitchen! How can the Judges agree to COPE not being able to look into 50%+ Government owned institutions? Even if one cent of the Government money has been invested, its not the money the Rajapakses invested in the Government rather its public money and COPE should be able to investigate such corporations where the money has been invested. Imagine you being a minority or majority shareholder in a company would any one agree to you not looking at the books. An argument may be made by our “Pirisi Kuttama” GLP that Govt Auditor can audit the books. But this auditor is appointed by the President and will be controlled totally by the President, how can this be in the interest of the people.

    Further

  • 3
    0

    At times I wonder if we have gone back to pre 2015 days when Judgements were written in Mahinda’s kitchen as stated in the media those days! How can the Judges agree to COPE not being able to look into 50%+ Government owned institutions? Even if one cent of the Government money has been invested, its not the money the Rajapakses invested in the Government, rather its public money and COPE should be able to look into such corporations. Imagine you being a minority or majority shareholder in a company would any one of you agree to you not looking at the books. An argument may be made by our “Pirisi Kuttama (the cup Rajapakses drink their dirty policies) ” GLP that Govt Auditor can audit the books. But this auditor is appointed by the President and will be controlled totally by the President, how can this be in the interest of the people.

    Further the Supreme Court Justices would have known that the amendments presented by AG another “Golaya” as those that will be submitted during committee stage are not binding and need not be approved by the Parliament. So in such situation why didn’t the “so called” learned Judges demand that the final submission (bill) before voting should be resubmitted to the SC before voting?

  • 2
    0

    No Commission will be Independent but exist as such in name. The President’s nominees only will be there. The Prez appoints CJ and all judges too.

  • 1
    0

    One guy here seems to be just waking up to the news.(after a blackout). Hello there, say bye to dear DEMOCRAZY and learn living without it. This is the new “virtuous disciplined nation”.

  • 1
    0

    One side of the truth about Gota arrival into politics is through his brother
    giving him an opportunity to become Defence Secretary and he did the
    job to the great satisfaction , especially of the Majority of the country . And
    the country rewarded Mahinda with another term . Mahinda tried to
    capitalise on the war victory by bringing in 18th amendment to rule the
    country forever ! Was it right or wrong ? Quiet political revolution or
    conspiracy that is called ” Hopper” conspiracy was staged with a short
    term success that came to an end with the president and general elections !
    Mahinda again resurfaces with the help of his buddy brother Gota ! An
    imported product from the US . This time people were told , Muslims are a
    threat and Gota is the best choice to finish it off . Majority of Sinhala
    Buddhists were shown live terror scenes of Extremist Muslim terror !
    There are now arguments in many quarters about Gota elevation to
    presidency mainly or only based on Islamist’s threat to national security .
    SLPP only targeted Sinhala Majority votes to rally round to protect the
    country from the threat . Here we go , the consequence , A MAN WITH A
    GUN GUARDING THE MAJORITY FROM KATTANKUDY ! If talking is
    what you are looking forward to , oh gosh , we have covid and 20th amndmnt
    and more will be released as soon as become available !

    • 1
      0

      Why Why @

      if GOTA is sensitve leader, when COVID infections go up drastically, he should have hearts to come foward and address the nation.
      :
      So did European Leaders. However, the dead silence of GOTA AND HIS BROTHER to the media – shows what really matters to them.

      Medamulana Rascals LOVE only blood of the VERY same VOTERS. Basta.

      • 1
        0

        lelagemalli ,

        It is very expensive to be sick in the US , according to reports .
        Medical costs are higher ! At the age of 69 plus , medical care
        is the most vital part of survival . How about being a President
        of a Paradise than in the troubled health care heaven ? One of
        the reasons I worked out ! Paradise President , Health care in
        Singapore ! Does it now make some sense ?

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