Legal luminary Gomin Dayasri, in an interview with the Sunday Observer makes his opinion known on the current constitution- making process, while describing why the next SLPP candidate for the post of President would not be former Defence Secretary Gotabhaya Rajapaksa.
Excerpts of the interview:
SO: As a very senior and a reputed legal expert what is your take on the ongoing constitution making process? Do you believe that the process will show the path to lasting peace ?
GD: I feel constitutional changes are a timely thing but those changes should be meaningful. The present process is inspired by the UNP, carried out by the JVP and courted by the NGOs, who worked with Ven. Sobitha Thera during the last presidential election.
Those forces are very disenchanted with the government now. At the local government election they backed the JVP. That was a bad decision.
The party has sincere individuals but they are really messed up. I know about them because I used to be their Counsel.
They put forth certain questionable resolutions. At the end of the day the Supreme Court (SC) ruled that these amendments needed two thirds in parliament and a public referendum. I think the credit for this landmark SC ruling goes to the Chief Justice, we should all applaud him.
SO: What will happen to the proposed constitution once it is presented?
GD: It will go to the place where it belongs, the dust bin. The JVP will be the biggest losers. Once upon a time they were the sycophants of the SLFP, now they are the sycophants of the UNP. They are no longer a credible political party although the party has some very good, sincere politicians.
SO: Do you think constitutional reforms are a necessity at this point?
GD: Yes constitutional reforms are necessary. But those reforms must be meaningful. We cannot devolve power senselessly, there need to be safeguards with regard to police and land powers.
In 2006, President Rajapaksa wanted me to study the Constitution and come up with a solution with regard to land powers in the13th Amendment.
The President was then going to hold the Provincial Counil elections in the North. He said the TNA will win the PC elections. If so they will claim powers under the 13A and the army stationed in the North will be given marching orders.
I was summoned to advise on a possible way out. I could not even sleep that night. But after careful scrutiny I came across Section 13 (d) where it read “until the President places his ‘Seal’ on the document, no land can be alienated from the Centre”.
Land is vested with the president, only if his seal is affixed, the alienation is considered valid. The Indian side who brokered the 13A did not challengle this interpretation.
SO: What is your take on the 20th Amendment?
GD: We need the 20th Amendment but it accompanies very dangerous provisions.
I believe the Supreme Court determination where it says certain sections of the 20A needs to be passed by a two thirds majority in parliament and a referendum, a bold decision.
SO: What will happen to the SLPP if Basil Rajapaksa is promoted as the next Presidential candidate?
GD: I think Mahinda is now trying to promote Basil over Gotabhaya. This is why Prof.G.L.Peiris was appointed to Mahinda’s new party. Basil is not a people’s leader.
Mahinda Rajapaksa was a very good leader until 2009. It’s the people around him who spoiled him. People started calling him ‘Maha Raja’ and he lost his mind. They did a good job in defeating Mahinda Rajapaksa in 2015. He lost for good governance.
SO: Gotabhaya Rajapaksa cannot run for Presidency under the present constitution, as he is a dual citizen?
GD: He is making a big mistake by not dropping his dual citizenship now, he musn’t wait for the last minute. That is a great risk.
Gotabhaya is not popular with the SLFP but he is popular among the business community and industry. They know Gota is a doer and a hard disciplinarian. They know what he did with the war and urban development.
Mahinda fears that Gota, if fielded as the next presidential candidate, will get a second term. After 10 years of SLFP rule, Mahinda fears that power will switch to the UNP leaving Namal Rajapaksa with no chances. Basil is a very able person but he lacks people’s support.
The last show of the SLPP - Jana Balaya Kolambata was to devalue Gota, they all cheered for Mahinda.
Gotabhaya should have stayed out of this show. My advice is that he should get the party to nominate him, he cannot win as an independent candidate.
Two cohorts in his current team must be thrown out, I have told him who they are. If he is serious about serving this country, he must grow out from his kid-brother mentality. He must assert himself.
SO: But isn’t there a move to field Mahinda Rajpaksa as the SLPP presidential candidate?
GD: He cannot contest again. I don’t think Mahinda has any chance. He did not challenge the 19A at the right time. Now the law has come into force and it is too late to say no.
SO: What will be the downfall of the SLPP?
GD: I don’t think the SLPP will face a downfall. It should have a dynamic, able, visionary leader. He should not be tied down by petty politics. Fortunately Gota can be that person.
SO: But the former Defence Secretary is seen as a hardliner by certain people including the Tamils?
GD: He is a hardliner, but this coupled with good governance is not a bad thing. I am all for good governance and democracy. But at the same time it should be noted that 70% of the people in this country are Buddhists and they have a right to assert themselves. Can a royal family member marry a non-Anglican, can a non-Anglican become a head of state in England? With Trump there is no terrorism problem in the US.
The time has come to give the Buddhists their rights, but at the same time they cannot rule like wild horses, they must rule within the law.
SO: There are calls for the TNA to assume ministerial positions in the Government. Do you think it’s a wise move?
GD: There will be pressure from the TNA ranks itself to such an arrangement. The UNP and SLFP must get a moderate Tamil to look after the interests of the Tamils within the government.
Ideally the next government must have all the parties represented as well as elected representatives from minority parties from the North and East.
When the Sinhala only Bill was presented, it accompanied a Tamil Language Bill but that was never implemented.
Had it been implemented we wouldn’t be discussing this problem today.
SO: Is the SLPP signalling moves to defeat Budget 2019 and forming an interim government ahead of the presidential elections late next year?
GD: We have a situation where presidential elections can be held after four years and a general election only after four and half years of Parliament’s term. The presidential election preparations takes up to three months, so it is almost five years before a fresh general election can be held.
In every other democracy when the Budget is defeated or a vote of no confidence is won, or if the government resigns, a fresh election has to be held.
But in this country if the government resigns, the next government has to be appointed with the same heads in parliament. That is why a situation has been created to go for an interim government and appoint Mahinda as the Prime Minister. This is not an ideal situation.
SO: What is your take on this proposal for a caretaker government?
GD: It only means further devaluation of the rupee and more economic hardships for the people.