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Sunday, 18 January 2004  
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PA reaffirms: President's term valid till 2006

by Deepal Warnakulasuriya and P. Krishnaswamy

President Chandrika Bandaranaika Kumaratunga's term in office as President till 2006 was re-confirmed by the People's Alliance last week. PA spokesman Dr. Sarath Amunugama charged the UNF government of using the local and foreign media to criticise the issue without going to the Supreme Court, the competent authority which could adjudicate the matter.

He said that President Kumaratunga was compelled by the Cabinet to take oaths as President, as the former opposition had been spreading rumours about the legitimacy of the presidency after the Town Hall bomb attack on December 18. He added that she was the one and only leader who received the mandate twice in the country as the President and claimed that the Constitution allows her to remain as President till 2006.

"The Government which has challenged both the takeover of the three ministries and the duration of the term of office of President, does not have a legal stance to do so", Dr. Amunugama said. He added that when the Chief Justice and the Cabinet of that time confirmed her swearing-in, there was no reason to doubt the legitimacy of the issue. UNP Chairman Malick Samarawickrema said that they had many other worthy issues to concentrate on and didn't want to comment.

However, UNF Spokesman Gayantha Karunathilake said that the party would decide on the right thing to do at the right time. He said that it would not necessarily be public action taken by the party through the media. However, when questioned whether they have any legal steps, he said nothing would be revealed for the time being.

A politburo member from the Janatha Vimukthi Peramuna said that the President's term in office is for 12 years and anyone who had any problems with it could go to courts. He also added that however, it should not be taken as a major issue in the country.

Meanwhile, the controversy over whether or not President Chandrika Bandaranaike Kumaratunga's 6-year-term of office ends in 2006 could be clarified by having recourse to the judiciary, President's Media Director Janadasa Pieris said. "If anybody has any doubt, he/she can go to the Supreme Court and have it clarified in a gentlemanly manner", he said.

"The President has admitted having taken oaths on two occasions. According to the 3rd Amendment to the Constitution, the President can stay in power two six-year terms and, her having taken oaths on two occasions, before and after completion of the first term of office, does not pose any constitutional implications", Pieris said.

Third Amendment to the Constitution (Certified on 27th August, 1982):

(d) The person declared elected as President at an election held under this paragraph shall, if such person -

(i) is the President in office, hold office for a term of six years commencing on such date in the year in which that election is held (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier.

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