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Mission accomplished?

25 Oct 2020

After weeks of wild speculation about the fate of the 20th Amendment to the Constitution, the controversial piece of legislation comfortably sailed through the legislature with an overwhelming two-thirds majority giving the incumbent executive near absolute power. The latest amendment to the Constitution of the Democratic Socialist Republic of Sri Lanka restores almost all of the powers taken away from the executive through the 19th Amendment and vested in independent commissions, which has now been consigned to the dustbin of history. As a result, Sri Lanka once again has an all-powerful Executive as head of government with sweeping powers that includes the right to make key appointments including that of judges to the apex court, the Attorney General, and Inspector General of Police. Even though the Speaker announced that the draft piece of legislation had received the green light from the Supreme Court, subject to certain specified amendments, the main Opposition kept up the pressure to stick to the 19th until such time a new constitution was drafted. As a result, the draft bill underwent not only those amendments specified by the Supreme Court but in total over a hundred others from the originally presented document, before the final version was adopted 156 to 65 late Thursday evening (22). However, despite the overwhelming margin, the Government was forced to double down on its boast of not depending on minority support, as in the end, the two-thirds majority was achieved with the support of seven Opposition minority Members of Parliament. These MPs were in the eye of a storm in their own opposition alliance with the main constituent party the Samagi Jana Balawegaya (SJB) leadership gunning for the ouster of the rebellious members including the leaders of the two main Muslim parties who they allege were complicit in the strategic manoeuvre to support the 20th Amendment. On Friday (23), the SJB took a decision to sack the SJB MPs who had gone against the party’s stand on the 20th Amendment, For all intents and purposes, had the eight members of the SJB not voted “yes”, the Government could have only mustered 148 votes and the 20th Amendment would not have seen the light of day. The status quo has opened new vistas for both the Government as well as the Opposition. The 20th Amendment has helped polarise power in a manner not seen in decades, with the Government becoming all powerful and the Opposition rendered even more helpless with the loss of support of eight of its members. The fact that the power equilibrium has shifted so dramatically in less than three months since the last general election will no doubt be food for thought for the drafters of the new constitution. The successful enactment of the 20th Amendment completes an unprecedented 11 months in which the Sri Lanka Podujana Peramuna (SLPP) has acquired and consolidated its power, first by comfortably winning the presidential election held last November, then consolidating that with a thumping victory at the general election held last August, and finally, the icing on the cake, by removing the inconvenient 19th Amendment with a two-thirds majority. The combined effect of all this puts the party in an unassailable position, the likes of which was last seen in 1978 when the current Constitution was introduced by the then J.R. Jayewardene-led United National Party (UNP) Government. The irony of it all is that when that Constitution is finally replaced, there will not be a single member of the UNP in Parliament if it continues to leave vacant its solitary seat. Going by what has transpired so far, President Gotabaya Rajapaksa seems to have the Midas touch and everything he has touched has turned to gold. But with power comes responsibility and with absolute power comes absolute responsibility. It is also pertinent to keep in mind that power is nothing without control. The next four years will no doubt show how the President chooses to exercise the immense power that is now at his disposal in order to work for the betterment of the country and its people who have consistently and overwhelmingly voted to strengthen his hands in the hope of a better tomorrow. Interestingly enough, just hours after the 20th Amendment was passed in Parliament, no less a person than the subject minister responsible for pushing through the legislation, Justice Minister Ali Sabry, posted a message on social media that the time has come to deliver what was promised to the people and there was no longer any room for complacency, as all power was now vested with the Government. It is unclear as to what motivated him to post the message but what is clear is that at least one Minister is aware of the burden of power and the resultant pressure that has been brought upon the Government to deliver. With the evolving Covid-related crisis situation, the road ahead is not going to be an easy one. The growth agenda for the entire tenure of the Government will be defined by the way it handles the current crisis which could pose a huge challenge if and when community spread was to take place. Therefore, it is important that the authorities continue to stay on top of the game and mitigate the risks for the country.   In addition to the overabundance of domestic issues, the Government now has to deal with multiple headaches on the international front with an imminent visit from the US Secretary of State signalling the intensification of geopolitical power games in the Indian Ocean region with Sri Lanka at the centre of it. In addition, the Government will have to handle the purported de-proscription of the LTTE by a court in the UK which, if not tackled tactfully, is bound to have repercussions in other parts of the world, mainly in Europe. The other big headache is the downgrading of the country’s international credit rating to near junk status which will increase the cost of funds to prohibitively high levels, further impacting the macroeconomic outlook. On the flip side, the passage of the 20th Amendment has caused similar headaches for the main Opposition SJB which in less than three months in Parliament has seen its first group of rebel MPs go against the party. The party’s reaction to the affront will now define not only its leadership but more importantly its credibility as a potential governing alternative in the eyes of its supporters. After all, the rationale for its acrimonious breakup with the UNP was the allegation of the party engaging in “deal politics”. All too soon, the very same reality has hit home but the party has taken a strong stance in trying to nip the cancer in the bud, lest it meet the same fate as the UNP. As much as the rebellion is a challenge for the young party, it is also an opportunity to establish itself as a disciplined, dependable political alternative. It is commendable that Sajith Premadasa has taken the opportunity to prove himself a decisive leader by purging the rebels. Therefore, the fate of the party, and indeed that of the collective Opposition, is very much in his hands and these tough decisions he makes will potentially define his legacy as a leader. The 20th Amendment has brought with it not only power to the presidency but also challenges and opportunities for both the Government as well as the Opposition. For the Government, it is now a matter of delivery while for the Opposition, it is all about redemption. For both parties, the mission is only just beginning.


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