“President want only delaying CC appointment”

(March 29, Colombo, Sri Lanka Guardian) Addressing the Media, UNP M.P Lakshman Kiriella said that the Parliamentary Secretary General will be retiring on the 30th of this month, but, the President who has become proverbial for procrastination and lethargy in dealing with urgent National issues has still not appointed the Constitutional Council which is an indispensable body for the appointment of the new Secretary General.

Either the President is despicably betraying his ignorance of the constitutional and legal provisions of the country despite his exalted position or he is deliberately making the supreme laws and constitutional requirements his toy to break and make in the same way as he is playing with the future of the country on an endless war, he exhorted.

`Our constitution is modeled on that of the British Parliament traditions .Therefore, under the 17th amendment of the Constitution , it is the Constitutional Council (CC) which is empowered to make such appointments ., and the CC itself is appointed by the Parliament. Besides, it is only the CC that can appoint independent Commissions like the Public service Commission, Judicial service Commission, the Elections commission and important public appointments. This amendment was introduced solely to ward off the dangers of politicization in the State services which has been the bane of this country. The President’s dilly dallying with the CC appointment clearly is an attempt to defeat the very objective of this provision , and pave the way for his incompetent lackeys , stooges and acolytes to be appointed so that he can manipulate his diabolic political `games` through them to the doom and detriment of the people and country. `, he said.

President cannot disdain the oath he has taken under the Constitution under S 42, where he swears to abide by the constitutional requirements and shall be responsible to the Parliament. In addition, under S27 of the United Nations convention, he has undertaken to obey the laws of the country and uphold the rule of law. Hence, by his irresponsible attitude he is compromising the country internally and internationally, he lamented.

It is unfortunate that the President who holds the most responsible position in the country cannot envisage the dangers portended by has actions. The UNP will be strongly protesting and agitating if after the 30th March, the Govt .seeks to make an irregular appointment to the Parl. Secretary General post bypassing the laws. The Govt. is trying the same pranks even with the conduct of elections by transferring the Police officers in the Eastern Province before the forthcoming Provincial Council elections and dismantling the STF camps despite protests from the civilian population who are in panic as a result.
Even this action of the Govt. is illegal as it cannot be done without the Election Commission or Commissioner`s permission under S10- 4a of the constitution, he asserted. In this connexion, the UNP has already lodged its complaint, he added.

It is crystal clear from all these moves, the Govt. is using all its resources unlawfully to win the elections by foul methods ,and not on the free exercise of the franchise of the people by a fair and free elections, he concluded.

Hereunder is a text of letter from the Leader of Opposition addressed to the Speaker of Parliament, Hon. W.J.M. Lokubandara

25 Mar. 2008

Hon. W.J.M.Lokubandara
Speaker
Parliament

POST OF SECRETARY GENERAL OF PARLIAMENT

As you are aware the current holder of the post of Secretary General of Parliament is due to retire at the end of March 2008.

According to conventional practice the Clerk of the House of Commons was appointed with the consent of the Party Leaders. This same practice was followed in Sri Lanka. This was included in Section 41 C of the Constitution.

41 C (1) No person shall be appointed by the President to any of the Offices in the Schedule to this Article unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.

(2) The provisions of paragraph (1) of this article shall apply in respect of any person appointed to act for a period exceeding fourteen days in any Office specified in the schedule to this Article.

The Secretary General of Parliament has been referred to in item (e) in Part 11 of the schedule to the Article as one such Officer.

The Constitutional Council in fact includes the Speaker, Prime Minister, Leader of Opposition as well as representatives of Parties in Parliament and members of Parliament belonging to minority ethnic groups. Therefore the Constitution now recognizes the right of Parliament to be consulted on and approve the appointment of the Secretary General of Parliament.

Any appointment made outside this violates the powers and privileges of Parliament and will not be valid.

Signed
Ranil Wickremesinghe M.P.
Leader of the Opposition.

- Sri Lanka Guardian