UNP-SLFP numbers game continues; PM stays put

Cracks in National Unity Government; crossovers likely

President Maithripala Sirisena goes into a second week to resolve his worst political crisis -- whether to opt for the present coalition with the United National Party ( UNP) or form a new Government with his Sri Lanka Freedom Party (SLFP).

Whichever side which he would have to recognise in the coming week would not have 113 seats in the 225- member Parliament. Yet, the question appears to be who could come up with the larger number and command the majority and confidence of the House.

Both sides are busy collecting signatures to demonstrate they are eligible to form a Government but are yet to intimate their formal position to President Sirisena.

The UNP parliamentarians have been invited for a luncheon meeting at their headquarters Srikotha in Kotte. This is whilst Minister Susil Premjayantha, a key mover for the formation of a new SLFP Government, is busy obtaining signatures from MPs for an affidavit. It calls for the appointment of the SLFP's Senior Deputy Leader Nimal Siripala de Silva as Premier.

Yesterday’s political developments pointed to the likelihood of Mr. Sirisena calling upon Ranil Wickremesinghe to continue as Prime Minister.

This, however, will be on the basis of a major Cabinet reshuffle to be effected. Among factors weighing in is the support the UNP is receiving from a group of SLFP ministers who are not in favour of Mr. Premjayantha’s move.

These ministers including SLFP General Secretary Duminda Dissanayake, Mahinda A mara we era, Sara th Amunugama and Mahinda Samarasinghe have been invited to dinner tonight by Premier Wickremesinghe.

Notwithstanding these developments, Minister Premjayantha’s initiatives to continue his signature campaign continue. This is whilst Sirisena had told a delegation of the “Joint Opposition” he has sought the opinion of the Attorney General after his call for Mr. Wickremesinghe to resign was not heeded.

Prime Minister Wickremesinghe told a news conference on Friday, "I hope to continue in accordance with the Constitution."

Asked whether he could be removed under the 19th Amendment, he said, "The Constitution clearly states the circumstances under which a PM should leave. These are when a no confidence vote is passed or when the budget is defeated."

Opinion among legal experts on the constitutionality of removing the Prime Minister differed.

Attorney Gomin Dayasiri who was also the chief petitioner against the 19th Amendment to the Constitution Bill when it was taken up by the Supreme Court for determination said, “The present impasse could only be resolved by Parliament.”

“There are two ways in which to prove the present Prime Minister commands the confidence of the majority in the House. One is by the Government by bringing a vote of confidence to prove it has a majority in Parliament and the other is by those opposed to him bringing a no confidence motion. These will show who has the majority vote.

“The main problem today is the 19th Amendment itself. The amendment was an immature job and its effects are being felt now. Those who drafted it did not anticipate the situation that has arisen today. It is against the principles of democracy. Given the restriction placed on the President preventing him from dissolving parliament till four and half years after the date of a general election, the people's right to elect new MPs has been taken away.

“The only way is for Parliament to request the President to do so by a resolution passed by not less than two-thirds of the whole number of Members ( including those not present), voting in its favour. But this will not happen. The MPs who are in this Parliament will not vote for it as they wish to wait for five years to qualify for their pensions. Many of them may not get elected again,” he said.

President’s Counsel Manohara de Silva said Article 46(2)( a)(b) says, ' Prime Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he resigns his office by a writing under his hand addressed to the President; or ceases to be a Member of Parliament .”

However Article 43(3) has given the power to the President to change, at any time, the composition of the Cabinet of Ministers.

“This makes it clear that the Prime Minister can continue to hold office only throughout the period during which the Cabinet of Ministers continues to function,” he said.

Mr. de Silva said that for the President to change the composition of the Cabinet which includes the Prime Minister, he should be of the opinion that the person holding office does not command the confidence of Parliament.

The Supreme Court in its determination on the 19th Amendment made it clear that the executive powers of the President could not be taken away.

Meanwhile, the current political stalemate is causing the economy to take a beating. It comes at a time when the Stock Market is just recovering after a crash, whilst the US dollar has plunged to a new low of Rs 155.

Meanwhile, the Malwatte Mahanayake the Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera has written to President Sirisena and Prime Minister Wickremesinghe requesting them to take immediate measures to end the instability and uncertainty that had engulfed the country in the aftermath of the local council elections.

In his letter, the Mahanayake has pointed out that the current situation is an obstacle not just to the betterment of the people, but to unity and coexistence.

“If this situation were to continue, it would result in the collapse of governance and lead to economic ruin,” the letter warned the two leaders.