• Cites issue with Health Minister’s powers regarding the SLMC

Claiming that there is a problematic situation regarding the Health Minister's powers concerning the Sri Lanka Medical Council (SLMC), the Government Medical Officers' Association (GMOA) stated that its Executive Committee would discuss the removal of the SLMC's Vice President (VP), Prof. Jayantha Jayawardana, and, if a need arises, seek legal advice regarding the same.

Health Minister Keheliya Rambukwella last week removed Prof. Jayawardana as the SLMC's VP, a move which was said to be aimed at “reconstituting the Board of the SLMC”.

Speaking to The Daily Morning, the Media  GMOA Spokesperson, Dr. Chamil Wijesinghe said that there is a problematic situation regarding the Health Minister's powers concerning the SLMC at present. “There is a problematic situation regarding the Minister's powers as per the Medical Ordinance as there is an ongoing lawsuit in regard to a decision made by a former Health Minister.” He was referring to the ruling of the Court of Appeal (CoA) which observed that the then Minister of Health, attorney Pavithradevi Wanniarachchi had acted in a malicious and arbitrary manner in violation of the principle of natural justice in the removal of Prof. Harendra De Silva, who served as the President of the SLMC and its other members in 2020, and the writ order issued by the CoA invalidating the related letters issued by Wanniarachchi.

Dr. Wijesinghe further added: “There is a grey area in relation to this matter. Therefore, we will be discussing this at the Executive Committee. We will then make the necessary decisions. If necessary, we will even be compelled to seek legal advice on the matter.”

Rambukwella was not available for comment.

At the time of the removal, Prof. Jayawardana was also the Chairman of the SLMC’s Preliminary Proceedings Committee (PPC) and the Audit Committee, and a member of the Management and Legislative Committees. In addition to the GMOA, the Association of Medical Specialists (AMS), in a statement issued late last week, had also raised concerns over the removal of Prof. Jayawardana.

“Prof. Jayawardana has contributed enormously to the SLMC with his hard work and commitment, using his vast experience as a medical academic which includes a Chair Professorship in Obstetrics and Gynaecology, being the past Dean of a medical school and the past Director of the PostGraduate Institute of Medicine, University of Colombo. If the SLMC is to experience a “rapid turnover” of its members, especially those holding important positions within the Council, it can certainly affect the continuity and the smooth functioning of many processes leading to the re-examination of certain matters, in turn resulting in an unacceptable delay in making important decisions. It can also affect the independence of the SLMC significantly as the members may not be expressing their views fully and openly as they are not sure of their position in the SLMC. It is important to note that as the Head of the Audit Committee Prof. Jayawardana has exposed large payments made from SLMC funds to certain parties recently and there arises a reasonable doubt to link his removal to such revelations. If there is an allegation against an appointed member, an impartial inquiry has to be conducted where the member concerned should be given an opportunity to express his/her side of the story. Removal without such inquiry is against the principle of natural justice. We understand that in the letter issued to Prof. Jayawardana terminating his term at the SLMC, a remark was made stating that the restructuring of the SLMC is now planned. The question here is why only Prof. Jayawardana was singled out and terminated for this purpose out of the other four appointees and the President of the SLMC, all appointed by the Health Minister, who continue to remain within the SLMC,” the statement read.