President will win with a convincing majority - Minister Nimal Siripala de Silva

By Uditha Kumarasinghe

Leader of the House and Irrigation and Water Resources Management Minister Nimal Siripala de Silva said the campaign that President Mahinda Rajapaksa cannot contest for a third term or call for an election is only a vicious and malafide campaign.

The Minister in an interview with the Sunday Observer said in a constitutional issue such as this, the President is entitled to ask for an opinion from the Supreme Court with regard to any provisions of the Constitution.

The President very correctly used the power given to him under the Constitution for an advisory jurisdiction and asked the Supreme Court for an opinion with regard to the issue.

The Minister said the Supreme Court has clearly given a ruling on that matter and it has in no uncertain terms stated that President Mahinda Rajapaksa is entitled to call for an election and he is eligible to contest.

That is the legal position which has been stated in a unanimous decision of the Supreme Court. So the matter ends there.

Even Opposition Leader Ranil Wickremesinghe who made a statement in Parliament recently said that the President is entitled to call for an election after four years. Therefore, Wickremesinghe as a lawyer as well as the Opposition Leader has also endorsed the view of the Supreme Court.

The Minister said President Rajapaksa is the best common candidate and we are confident that there is no Opposition candidate who can defeat him at a Presidential Election.

We are not concerned about the Opposition candidate. If they can select anyone from Sri Lanka, they can field him as their candidate. But it is our perception that President Rajapaksa is the best common candidate who represents all communities. He has worked for all communities. He is popular among all communities.

Q: As a lawyer yourself, what do you think about the whole third term drama, which has now been resolved in favour of the incumbent President?

A: It was our consistent position from the beginning that in terms of Article 31 (A) of the present Constitution, the President is entitled to call for a Presidential Election and he is eligible to contest such an election.

But of course, several Opposition parties and those who oppose President Mahinda Rajapaksa were spreading rumours that the President was not entitled to call for an election or participate in an election.

In a constitutional issue such as this, the President is entitled to ask for an opinion from the Supreme Court with regard to any provisions of the Constitution. The President very correctly used that power vested in him under the Constitution for advisory jurisdiction and asked the Supreme Court for an opinion with regard to the issue.

The Supreme Court has clearly given a ruling on that matter and it has in no uncertain terms stated that the President is entitled to call for an election and he is eligible to contest. That is the legal position which has been stated by a unanimous decision of the Supreme Court. So the matter ends there.

But I would like to add that Opposition Leader Ranil Wickremesinghe made a statement in Parliament recently and he said that the President is entitled to call for an election after four years.

Wickremesinghe as a lawyer as well as Opposition Leader has also endorsed the view of the Supreme Court. We say the campaign launched that the President cannot contest for a third term or call for an election is only a vicious and mala fide campaign.

Q: However, Chief Opposition Whip John Amaratunga told Parliament on Thursday said "You as the Leader of the House have not tabled the full document of the Supreme Court judgment given on this matter. Would you like to comment?

A: Supreme Court determinations are tabled in Parliament when these petitions are referred to by the Speaker regarding any legislation or Bill which is before Parliament. So those are the things where the Supreme Court sends the determination to the Speaker.

Those are the documents which are tabled in Parliament. When an advisory jurisdiction is invoked and where the advice is given to the President, it is between the President and the Supreme Court. When such a thing is given, there is no procedure to table such a decision in Parliament.

As this particular opinion has been given, I also said in Parliament, this is what has happened. Do they contradict that position? If they see some other decision they must say what I said was not correct. They have already admitted what I said was correct.

Now they asking to table the Supreme Court decision. They must ask the Registrar of the Supreme Court or somebody to get a copy of that Supreme Court determination. If the public is entitled to get a copy of such a determination, then the Supreme Court will issue them a copy.

Otherwise I don't know what the Supreme Court will do. They can't ask a determination from me.

Q: Do you think the collective opposition is scared to face Mahinda Rajapaksa at an election and that is why they brought this argument?

A: Because they know very well President Rajapaksa cannot be defeated. So they want an excuse now. They want to say he is not an eligible candidate. The Supreme Court has given a clear determination that he is an eligible candidate. But as they cannot win the election, they want some excuse to say he is not a eligible.

Q: What is the intention of holding a Presidential election now, when the President can legally stay on for two more years ? The Opposition says this is because the President and the Govt are losing popularity ?

A: No. The President is testing the pulse of the people giving them an opportunity to exercise their franchise either endorse him as the President or reject him. That is an opportunity given to the people, because the Opposition is criticising the Government so much. If the Government is unpopular and the Opposition is popular, the Opposition should be happy that an opportunity has been given for them to overthrow the Government.

Why we are going ahead with this is because we have no problem and we are confident that we can win. We are prepared to test the pulse of the people in a democratic manner.

Q: What do you think about the Opposition’s search for a Common Candidate? Among the names that have been proposed, do you think a formidable challenger to the President could emerge?

A: We are not concerned about the Opposition candidate. They can field any candidate. If they can select anyone from Sri Lanka, they can field him. But it is our perception that President Rajapaksa is the best common candidate who represents all communities.

He has worked for all communities. He is popular among all communities. President Rajapaksa is the best common candidate and we are confident that there is no Opposition candidate who can defeat him at a Presidential Election.

Q:The Opposition's attempts to portray that some of the Ministers are disillusioned and will cross over soon after a common opposition candidate is announced. Is there any truth in this or are there any Opposition MPs willing to cross over to the Government ?

A:I am confident that there will not be any Ministers or members of our party who will cross over like that. Because the Government has done so much of work for the people and the President's charismatic leadership has been endorsed by a vast majority of the people. Therefore they have no reason to cross over. The other thing is that we are working towards the 'Miracle of Asia'. We as politicians have served the country for 20 to 30 years. We see the difference then and now.

We are satisfied with the manner in which President Rajapaksa has developed the country and eradicated three decades old terrorism. Therefore he is a great Leader for the SLFP as well as for the country. Therefore it is our boundant duty to protect him and ensure his next term as well, not for the benefit of him but for the benefit of the country and the party. I don't know whether there will be cross overs from the Opposition to the Government. I don't know the mindset of the Opposition. But probably when they know that they are loosing another election, I hope there will be more cross overs from the Opposition to the Government.

Q: The JHU is most likely to leave the Govt and in fact Ven Rathana Thera has now taken a leading role in the search for a Common Candidate. Even if the JHU leaves the Government, will it make a big impact?

A: I don't hope or pray that they should leave the Government. Because the JHU was a strong constituent partner of the Government and rendered a great service to bring President Rajapaksa into power. If there are misunderstandings and misconceptions, those things should be sorted out through negotiations. I also took part in the negotiations with the JHU. We have told our position and with regard to some of their own demands, we showed them how in practical they are to make the constitutional changes immediately. I hope that issue will be settled in a win-win situation for both us and the JHU.

Q: The Uva Provincial Council Election results showed a decline in the Government’s vote base even in the predominantly Sinhala district of Moneragala. Will the Government be able to reverse this trend in a national election ? Moreover, there is only around one and a half months to go before the election and how do you plan to do propaganda activities in so short a time islandwide?

A: I think that is not a correct perception. If you take 2005 election results and compare with now, the number votes that the UNP obtained has declined. In 2005 election, the UNP has got more votes than now. Most of the analysts are taking 2010 election results that was where we had won the war against terrorists and the President's popularity was very much higher under those circumstances.

Specially under a Provincial Council election, the candidate's stature, competition for the preferential votes etc and that is a different type of election. But when it comes to the President, I am sure the people will appreciate the great work done by him with his striking personality etc. So I think the President will be the best candidate and we have no doubt even winning Badulla district with a very high majority.

Q:The Budget 2015 was described by the Opposition as an election budget. What is your comment on this ?

A: That is only a mere coincident. Because we eradicated terrorism and we embarked upon the development. Then there were criticism by the Opposition itself during the last one year that we are not looking after the people's daily needs such as their salary, pension and the cost of living etc so that we should address that sphere. So what has been done is while setting apart money for development, we have allocated money for the day today problems of the people.

Since 2006 pensioners were asking that the cost of living allowance to be added to the pension. So we have fulfilled that obligation. Samurdhi recipients were also asking more money and we have also fulfilled that request. The UNP and the JVP had been fighting for a long time to increase the scholarship allowance. So what we have done is that we have given redress for all those things which they fought for. Otherwise why did they fight? When we meet their demands, they say this is an election budget and we should not give this. But that is a very contradictory position.

Q: Supposing the President wins the election in January, will there be a General Election as well to get a wider mandate from the people?

A: Definitely the President will win the next Presidential Election with a vast majority. We still have time. As far as the Parliament is concerned, we can go up to April 2016. So why should we try to take decisions in advance?

It is a matter for the President to decide at that time. If he feels that the pulse of the people should be strengthened immediately or thereafter, he will do that.

It is he who has powers to dissolve Parliament. We don't know what he will do at that moment.

Q: The Opposition is harping on the abolition of the Executive Presidency. What is your view on this – should it be abolished or should it be reformed ? in any case, is there an urgent need to do so?

A: As far as the abolition of the Executive Presidency is concerned, it is embodied in the Constitution. Actually it is interconnected. For example, if you see the Provincial Councils, the President can appoint a Governor who is the Head of that Provincial Council.

The President has various powers with regard to various arms of Government such as the appointment of secretaries.

If the Executive Presidency is to be aolished what is the alternative mechanism that will come into the Constitution. We can't just abolish the Executive Presidency.

For example, if we cut the neck and take the head away, how can the balance portions survive? Then we will have to replace it with a new Constitution.

Just taking over one power or some powers, we may be able to do with a constitutional amendment. But if we have to abolish it, then we have to bring a new Constitution into action.

That is why the President appointed a Parliamentary Select Committee (PSC) headed by me to go into this. But the UNP, JVP and the TNA didn't come before that committee.

If they came before that committee and said how the Executive Presidency should be abolished and how it could be replaced, then these issues could have been discussed in that committee and we could have submitted a report to Parliament.

If that report is adopted with the required majority then we will draft a new Constitution embodying the will of the people. That is the ideal forum.

Having ignored the PSC where the people can meet and discuss and come to a final decision with regard to the nature of constitutional reform, they fight outside. It is like when it's raining in Colombo, you hold an umbrella in Nuwara Eliya.

They should attend the PSC. Those who say that they want the Executive Presidency abolished must attend the PSC and then find out ways of replacing it.

You can't just cut the head and keep the body just like that so that the whole administration will collapse. Then which part of the Constitution are we going to remove and how are we going to restructure the Constitution and the electoral system.

Those things are interconnected in the Constitution. They have to be examined carefully and necessary legislation should be brought to replace them.

Q: Next year will be even more challenging for Sri Lanka in terms of the UN investigation and there are many attempts to pressurise the Government. With that in mind, what is your message to the voters at this juncture?

A: Voters must be cautious. We should understand how the diaspora and the foreign forces are attempting to destabilise our country and the President.