Top Ministers at risk as Cabinet re-shuffle looms

Sri Lanka’s political domain, which was a hive of activity these past 12 months, experienced a dull period last week with the year-end holidays. Many politicians, including Prime Minister Ranil Wickremesinghe, who had an eventful year, left the country last week for the December holidays. The Cabinet meeting, which was scheduled to take place on Wednesday, was postponed till January 6 due to the non-availability of ministers.

However, there were certain important developments keeping the political sphere alive over the past seven days. One key incident among them was an important decision made by the Judicial Services Commission with regard to the transfers of two well-known judges. Although the decision did not have any link to politics, it was widely discussed among political circles during the Christmas festivities and politicians’ year-end parties.

Two days before the end of the year, the Judicial Services Commission, headed by Chief Justice K. Sripavan, decided to delay the transfers of Colombo Additional Magistrate Nishantha Pieris and Colombo Chief Magistrate Gihan Pilapitiya both of whom are hearing several high profile cases linked to corruption and violence during the previous regime.

Ripples

Among them is the magisterial inquiry into the mysterious murder of star rugby player Wasim Thajudeen, which has already sent ripples across political circles.

Colombo Additional Magistrate Pieris, who had been hearing this case, was expected to assume duties as the District Judge of Matara effective from January 1. Many were under the impression that the Additional Magistrate’s transfer would lead to an unwanted delay in the verdict of the magisterial inquiry, which has now almost reached conclusion. Similarly, Colombo Chief Magistrate Gihan Pilapitiya too was hearing some important cases involving several top brass of the previous government.

It was in the grapevine among the legal fraternity that a judge, known as a close friend of former Chief Justice Sarath N Silva, was expected to take over as the Colombo Additional Magistrate, replacing Magistrate Pieris. Former Chief Justice Silva openly supported former President Mahinda Rajapaksa and his supporting political faction at the Parliamentary election in August. Thus, there was speculation that the new magisterial appointment could have a negative impact on the outcome of the Thajudeen inquiry.

Against this backdrop, many sections of the legal fraternity, including the Sri Lanka Bar Council, a decision-making body of the Bar Association, raised serious concerns over the matter. At one point, the Council discussed the possibility of resorting to organisational action against the transfers of the two judges.

However, a collective action was not pursued as conflicting views were expressed by some lawyers saying such an action could be construed as interference with the affairs of the judiciary.

However, in their personal capacity, some senior lawyers requested President Maithripala Sirisena to take action to delay the transfers of the two judges. According to the 19th Amendment to the Constitution passed in Parliament several months ago, the Judicial Services Commission is now autonomous and the President was not in a position to take direct action on transfers of judges.

The President was only in a position to make a request from the Chief Justice, as Chairman of the Commission, to ‘review’ the transfers of the judges.

However, remarks made by several leading lawyers over the matter and some news reports on the transfers of judges and their possible negative impact on cases caught the attention of the JSC. As a result, the JSC decided to ‘review’ the transfers of Pieris and Pilapitiya, considering the gravity of the matter.

Following the review, the JSC decided to cancel the transfers of the two judges and allow them to serve in their current positions until December 31, 2016.

At the same time, there was an important change on the JSC front too. Justice Ministry sources said former Colombo Additional District Judge Pradeep Jayathilake was to be appointed as the new Secretary of the JSC. With this development, current Secretary of the Commission, Amila Rathnayake will be transferred out, they further added.

Scientific evidence

The JSC’s decision to retain the Colombo Additional Magistrate came as a relief to the over-worked CID team handling investigations into the Thajudeen assassination. It was widely reported that former President Mahinda Rajapaksa’s chauffer ‘Captain Tissa’ and several others had been identified by the CID as possible suspects in the case. The CID has already taken measures to obtain travel bans on six people including ‘Captain Tissa’.

The Colombo Additional Magistrate, on December 10, allowed the CID to proceed with the investigations. However, the CID has not taken measures so far to arrest possible suspects in the case.

Commenting on the matter, a senior officer at Police Headquarters told the Sunday Observer the investigations teams were in the process of gathering scientific evidence.

“It is important to understand the nature of the investigation. From what has been revealed so far, one has every reason to believe that this murder was carried out following orders from those who wielded political power. Therefore, it is very important to identify those who issued orders to kill the rugby player,” the senior officer explained.

“If the CID arrests possible suspects at this point, they will not be able to identify the people who gave orders to kill. Likewise, if suspects don’t disclose the names of those who gave the orders, the investigations will stop at that point,” he said. “This is where,” he added, “scientific evidence comes into play. The investigators should gather scientific evidence to find out those who are behind the murder. It is only then that the CID should make arrests. Otherwise the real culprits behind the killing will be able to use the contracted killers as scapegoats.”

Cross-overs

The investigation into the death of Wasim Thajudeen is not the only thing troubling former President Rajapaksa’s camp at the moment. Four MPs, who were vociferous supporters of the former President at the last Parliamentary election, are now preparing to switch sides, accepting ministerial and deputy ministerial portfolios from President Sirisena.

The move, informed political sources said, would be a heavy blow to the UPFA dissident faction currently functioning as a parliamentary opposition while remaining as members of a partner party in the ruling alliance.

Ravi and Wijeyadasa out?

Meanwhile, the President and the Prime Minister are looking at the possibility of transferring some ministers out of their current ministries. Authoritative government sources said at least two ministers would receive ‘transfers’ at the next Cabinet re-shuffle.

It is not too hard to guess who are likely to receive portfolio transfers in the next Cabinet re-shuffle. In the recent past, several ministers came under criticism from various quarters over numerous charges. The controversy surrounding Avant Garde private security firm plunged some ministers of the government into hot water in the most unexpected ways.

Former Law and Order Minister Tilak Marapana had to resign from his ministerial portfolio as the opposition kept firing their guns at him over his statement in Parliament about the Avant Garde controversy. Justice Minister Wijeyadasa Rajapakshe, also, came under fire from political allies of the ‘January 08 revolution’ over his alleged links with the owner of the controversial security firm. Former Army Commander Field Marshal Sarath Fonseka, an ally of President Sirisena at the Presidential election, went public with some pictures to claim substance to his charges.

Many speculate that Minister Rajapakshe will have to bid adieu to his ministry in early January. Even some of his Cabinet colleagues openly stated that Rajapakshe too should resign from his ministerial portfolio due to his alleged links with the owners of the controversial private security firm. Therefore, political circles expect that Rajapakshe will be given a new, probably less-influential, ministry at the next re-shuffle.

On the other hand, some ministers faced problems with top-rung leaders of the government, as they were not ready to accept certain decisions made by the leadership. One good example was Finance Minister Ravi Karunanayake who ran into a problem with UNP General Secretary Kabir Hashim over some appointments made by the latter.

Hashim made the appointments under the instructions of the Prime Minister but those who were appointed by Karunanayake did not vacate their positions citing “technical reasons”. Even Prime Minister Ranil Wickremesinghe, at one point, intervened to resolve this matter but Karunanayake’s appointees remained stubborn.

Another issue faced by Karunanayake was his lengthy budget speech last November, which came under criticism from various quarters of society, including those who supported the UNP at the last Parliamentary election.

A considerable number of budget proposals got amended by the President and the Prime Minister as a result of heavy criticism directed at the government over Karunanayake’s proposals. That has now led to an expectation that Karunanayake will be entrusted with another ministry at a Cabinet re-shuffle.

Ravi’s Cabinet paper

Giving another indication in this regard is a Cabinet Paper forwarded by Karunanayake seeking Cabinet approval to compensate an individual with a payment of Rs 300 million from government coffers. This was put on hold by President Sirisena during the Cabinet meeting on December 23.

Karunanayake’s Cabinet paper sought approval to pay a staggering Rs 300 million to professional business consultant Nihal Sri Ameresekere seeking an amicable settlement over the long-drawn Hotel Developers Lanka Ltd. case, popularly referred to as the Colombo Hilton case.

The proposal earned the ire of State Enterprise Development Minister Kabir Hashim overlooking the subject. Hashim reportedly told the Cabinet meeting that he was completely “kept in the dark” about the Cabinet paper.

The controversial Cabinet paper sought the approval of ministers:

“i. To proceed with a settlement noted above as confirmed by Mr. Ameresekere, having paid a total of Rs 300 million plus the interest up to date of the Cabinet decision of the overdraft facility granted (Rs 225 million) to Mr. Ameresekere, on the basis that it will be the full and final settlement while also undertaking that Mr. Ameresekere would not seek any further redress in any Court or forum in this regard.

ii. To direct the Director General National Budget Department to provide necessary allocations for the above (i) payments.”

As there was heavy resistance from the UNP General Secretary and other senior ministers present at the Cabinet meeting, President Sirisena ordered that the paper to be put on hold. Some of Karunanayake’s Cabinet colleagues believe that the Cabinet paper can boomerang on the Finance Minister when it comes to the re-shuffle.

Potential successors

Speculation is now rife among Cabinet ministers and MPs about potential successors of the ministers who will be transferred from their portfolios in early January. The front-runner for the Finance Ministry, according to informed political sources, was UNP General Secretary Kabir Hashim, a trusted lieutenant of Prime Minister Wickremesinghe. It was speculated that former Law and Order Minister Tilak Marapana, who resigned over the Avant Garde controversy, would also be given an influential ministry.

At least one UPFA MP, who is expected to cross the well of the House, will be given a Cabinet portfolio. Two of them are likely to receive deputy ministerial portfolios.

The Sunday Observer learns that MP Manusha Nanayakkara’s name has been proposed as the Local Government Deputy Minister. His Minister will be Faizer Mustapha, an ally and a legal advisor of President Sirisena.

A-G battle

In addition to changes in the political sphere, another important change likely to happen in the judicial sector during the second week of January, also drew the attention of many sections last week. That is the appointment of a new Attorney General, the chief legal officer of the State.

Attorney General Yuwanjana Wanasundara, appointed during the tenure of former President Rajapaksa, had fluctuating fortunes during his term in office. Some members of the ruling coalition have claimed that there had been a coup attempt in the wee hours of January 9 last year and the Attorney General, who was present at the Temple Trees on January 9, had not supported the plan. However, the Attorney General has not made any public statement so far with regard to the matter.

To many who voted for ‘good governance’, Yuwanjana Wanasundara was a hero at that point. It did not take too long for him to turn into a villain in the eyes of some hot-blooded members of the government. A popular criticism directed at him was that his department was too slow and lethargic when taking action against top-brass members of the former government. Some even went on to speculate that he had a soft-corner for former Defence Secretary Gotabhaya Rajapaksa as both of them studied at the same school, Ananda College, Colombo. However, Rajapakshe was much senior to Wanasundara in college.

The Attorney General, in his defence, repeatedly said that he had nothing to do with politicians and he never acted according to the whims and fancies of political parties. The Attorney General, who has vast experience in the field of prosecution, said his recommendations were solely based on evidence and he would never get carried away with developments in the political domain.

Thirty-two files

During a recent group meeting of the UNP held at Temple Trees, the conduct of the AG’s Department came under heavy criticism from some MPs. Some even suggested the summoning of the Attorney General before the Judicial Oversight Committee of Parliament to question him about some 32 case files pending in the Department.

In response, the AG’s Department categorically denied claims about the so called ’32 files’. However, it admitted that there were issues relating to certain investigations. “For instance, some investigations carried out by the FCID were incomplete. So we had to send the files back to the FCID. On the other hand, we did not have enough officials to deal with a large number of investigations. As a result, the department had to take measures to recruit new State Counsel to expedite actions. No point blaming the AG for all this,” a senior official from the Department told the Sunday Observer, commenting on the matte.

This situation has however now resulted in the retirement of the AG. The State lawyer has not even sought a service extension. Sources from the Department said the AG would retire on January 09, a day after the government celebration of its election victory.

Suhada Gamlath Vs Dayantha

There is an issue about Wanasundara’s successor. The next in line to the position is Solicitor General Suhada Gamlath. He has strong links with Justice Minister Wijeyadasa Rajapakshe.

Gamlath was the official who handled the inquiry into the Avant Garde controversy on behalf of the Department. That investigation and the controversy surrounding it did not earn a good name for the official. His name was even mentioned by Minister Rajitha Senaratne during a Cabinet meeting a few weeks back. According to the standard procedure when it comes to the appointment of the new AG, the Justice Minister has to recommend the name of a suitable candidate to the President. The President, according to powers vested in him by the constitution, will officially make the appointment. In this case, one has every reason to believe that Rajapakshe will not hold back from nominating Gamlath as a potential candidate to the AG’s position. However, this will take an interesting turn if Rajapakshe loses his ministry due to a sudden Cabinet reshuffle before January 09.

Dayantha Jayasuriya is senior official in the Department who is considered as another candidate for the position. However, Department sources said Gamlath is one step ahead of Jayasuriya in terms of seniority.

Warnasinghe loses out

The government faced a fresh issue soon after Christmas, when Western Province Chief Minister Isura Devapriya took over JHU stalwart Nishantha Sri Warnasinghe’s ministries in the Council.

It all began when the JHU stalwart representing the UPFA in the council failed get the expenditure head of his ministry passed in the Council. Although the UPFA had the majority in the council some MPs were not present when the vote was taken. Among the absentees was Isura Devapriya, Chief Minister of the Province.

Warnasinghe thought there was a conspiracy behind Devapriya’s action. Instead of meeting the Chief Minister and sorting out the issue amicably, the Councilor went before the press and openly criticized Devapriya.

He accused the Chief Minister of deliberately defeating the expenditure head of his ministry. Without stopping at that, he challenged the Chief Minister to take over his ministry on the grounds that he could not secure a majority support for its expenditure head. Warnasinghe’s ‘calculation’ was that Devapriya, an ally of President Sirisena, would not take drastic action as the JHU was a coalition partner of the government.

On the other hand, the JHU General Secretary and UNP Parliamentarian Patali Champika Ranawaka has a close connection with the President and this connection, Warnasinghe thought, will prevent the Chief Minister from taking further action.

The politician’s judgment however was flawed. Barely 24 hours after the challenge, Devapriya took over Warnasinghe’s ministry and took oaths before the Western Province Governance. Devapriya followed the ‘due process’ when making the move and did not leave any space for legal loopholes.

The Chief Minister, speaking to reporters, said the move was not a response to Warnasinghe’s challenge. However, he said the Councilor had no right to cling to his ministry as he lost its expenditure head. “Had he spoken to me about the matter, we could have reached an amicable settlement. But, without speaking to the Chief Minister, he went before media and challenged me. That did not take him anywhere. As a result, he lost his ministry,” Devapriya said.

Warnasinghe, in response said, he was kept in the dark about the take-over and it was totally unethical. He added that the Provincial Government informed him of the development, four hours after Devapriya took oaths as the Minister. He also dubbed Devapriya as a person who was pushing former President Rajapaksa’s political agenda.

A day after the move, Devapriya managed to get the expenditure head passed in the council with an overwhelming majority. When the vote was taken Warnasinghe and members representing the JVP were absent.

However, the current state of affairs has compelled Warnasinghe to act as an independent member of the council, without supporting any party.

At the same time, the JHU stalwart is exploring the possibility of taking legal action against the Governor and the Chief Minister over what he terms as an “illegal takeover”.

He says the council has taken a fresh vote on the same expenditure head defeated just a few days ago. “There has not been any amendment to my expenditure head. On the other hand, instead of taking a special vote on the expenditure head which was defeated earlier, they took measures to go for a vote on the overall budget of the council. So, I have enough grounds to resort to legal action,” the Provincial Council member explained.