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former president Mahinda Rajapaksa hopes to return as the head of the state despite a constitutional provision that bars a person from contesting the presidential election for a third term.

"There is an opinion that I could contest again," the former president told reporters yesterday at Piliyandala, a Colombo suburb.

The former Sri Lankan strongman's nearly a decade-long rule was ended by Maithripala Sirisena in 2015.

Rajapaksa, 72, said his party, Sri Lanka Podujana Peramuna (SLPP), will be inquiring with the Supreme Court whether under the 19th Constitutional Amendment, a person who had previously held the post of President twice, could contest the presidential election for a third term.

"We will explore that," said Rajapaksa.

The 19th Amendment adopted in 2015 bars those who had held the post of President twice from running to be president a third time.

Rajapaksa in 2010 had amended the constitution lifting the bar for a third term. The 2015 amendment annulled it.

His camp is of the opinion that the amendment was only adopted after Rajapaksa lost the presidency to incumbent Mathripala Sirisena so that there cannot be a retrospective effect.

The article 31 of the constitution was amended in 2015 to read “(2) No person who has been twice elected to the office of President by the people, shall be qualified thereafter to be elected to such office by the people”.

The Rajapaksa camp in the recent times has been promoting Rajapaksa's younger brother Gotabhaya to be the candidate in the next election which must be called by the end of next year and must be held before January 8, 2020.

Last week, Rajapaksa was questioned by Sri Lankan police in connection with a 2008 abduction and assault case of a journalist.

His return to politics could pose a new threat to Sirisena, whose Freedom Party has split

Rajapaksa has emerged as the de facto leader of a rival political faction and is expected to name his choice of candidate to contest presidential elections slated for 2019.

Rajapaksa lost his re-election bid in January 2015 and also failed to secure the prime minister post after parliamentary elections later that year.

The former leader and members of his family are under investigation for murder and large-scale financial fraud during his decade as president. All deny any wrongdoing.


(This story has not been edited by isis.lk staff and is auto-generated from a syndicated feed.)

There is no lacuna or provision in the 19th Amendment and its application for legal arguments to be made that former President Mahinda Rajapaksa is eligible to contest in the upcoming 2019 presidential election, a top constitutional expert said, amid frantic attempts by the Joint Opposition to push for a third term for the controversial ex-President.

The 19th Amendment to the Constitution has no retroactive effect, Dr. Jayampathy Wickramaratne, PC and MP said.

“Neither former presidents Chandrika Kumaratunga nor Mahinda Rajapaksa could contest for a third term, according to the law brought in by the 19th Amendment, he added. “If either Chandrika Bandaranaike Kumaratunga or Mahinda Rajapaksa had been elected President on January 8, 2015 and the 19th Amendment was enacted on May 15, 2015, then the disqualification would not have applied in the current term as the election had already been held.”

To explain the very technical legal point further, Dr. Jayampathy Wickramaratne used the example of former MP Basil Rajapaksa. The 19th Amendment also brought a disqualification for being a member of Parliament on persons holding dual citizenship, he said.

“Now, Basil Rajapaksa, who is said to be a dual citizen, was a Member of Parliament when the 19th Amendment as enacted. But that did not apply to him as he had been already elected. But he is disqualified from being elected thereafter. The same principle applies here as well,” Dr. Wickremaratne explained.

Leader of the Sri Lanka Podujana Peramuna (SLPP), Prof. G.L. Peiris last week said he will seek the opinion of the Supreme Court on whether the former President Rajapaksa could seek a third term. However, the 19th Amendment to the Constitution revived a disqualification that was in the original 1978 Constitution which said, “No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People”.

This disqualification was deleted by the Eighteenth Amendment introduced by the Mahinda Rajapaksa government in 2010. The 19th Amendment additionally brought in a disqualification for a dual citizen, to run for parliament or presidency. Several mainstream Sinhala language newspapers floated the theory over the weekend, as the SLPP/JO grapples with putting a lid on its ‘candidate crisis’ by putting the party’s standard-bearer back in the fray.Speaking to the Sunday Observer, SLPP Chairman Prof. G.L. Peiris confirmed the pro-Rajapaksa faction was thinking along those lines. Legal experts were of the view that the prohibition contained in the 19th Amendment has operation only for the future and not for the past.“The Amendment has no retrospective application,” Prof. Peiris said.

The SLPP Chairman means that the two-term limit will apply only two Presidents who are elected to office after the enactment of the 19th Amendment and not to those who have held the office before. Dr. Wickremaratne disagrees. “The 19th Amendment came into force on May 15, 2015. Therefore, the disqualification will apply to all Presidential elections held after that date,” the senior constitutional lawyer explained. Prof. Peiris said there were ways to obtain ‘authoritative clarification’ on the matter. He said it would be likely that the clarification will be sought from the Supreme Court, by the SLPP or any voter in the country.Meanwhile, the Sunday Observer learns that one proposal currently being floated within SLPP inner circles is for the former President to simply hand over nominations to the Elections Commission when the presidential election is declared.

Some sections of the SLPP believe this will force the Commission to seek an interpretation of the 19th Amendment from the Supreme Court, triggering a major constitutional crisis ahead of a key election. However, legal experts dismissed the theory. If the former President submits nominations, the Election Commission would have to reject the application as being invalid in terms of the Constitution, said Viran Corea Attorney-at-Law.Since the meaning of the text of the 19th Amendment was unambiguous on plain reading, it does not warrant ‘interpretation’ in the involved sense of the word,” Corea explained.

Source : Sunday Observer

Three suspects of the Matara Nileka Jewellery store heist has been identified by two witnesses today (20) during an identification parade held at the Matara Magistrates Court. 

The suspects included, the main suspect Kosgoda Tharaka, his brother Madhuka Nirmal Wijesekara and Athula Kithsiri Kumara alias Narammala Mala. The case will once again be taken up on August 24. 

The group led by Kosgoda Tharaka attempted to rob the store on June 22 after which a shootout between the group and the Police led to the death of one cop.

SriLankan Airlines said it has introduced a series of measures to mitigate inconvenience to its passengers from the closure of Cochin International Airport due to flooding.

On Thursday, the Cochin Airport authorities announced that they were extending the airport's closure until August 26.

Accordingly, the Airline said it is offering passengers booked to travel from Cochin to Colombo and onward destinations, the option of departing from Trivandrum or any other destination in South India served by SriLankan, at no extra charge.

"In addition, passengers booked to fly from Colombo to Cochin may fly to Trivandrum or any other destination in South India served by SriLankan, at no extra charge."

Sri Lanka's national carrier said it acted immediately to temporarily increase its capacity between Trivandrum and Colombo in order to cater to the expected requirement.

Passengers who were awaiting flights when the airport was closed down on August 15 were provided hotel accommodation and those who agreed were rerouted to Trivandrum.

"SriLankan Airlines greatly regrets the inconvenience to its valued passengers, which is due to circumstances beyond its control, and will resume regular services to Cochin as soon as the airport is reopened. Further updates from airport authorities are awaited on this situation," the airline said in a release.

Source : Colombo Page

National Police Commission (NPC) has demanded an explanation from IGP Pujith Jayasundara over his failure to act according to recommendations made by the NPC. The NPC is said to have handed over a letter to the IGP following the NPC meeting held last Thursday.

According to sources they have requested him to show cause as to why he did not enforce their proposals regarding six promotions within the force.

Jayasundara will not be required to hand over a written explanation to the NPC regarding this.

A Cabinet paper to ban tuition classes on Poya days and before 2 pm on Sundays will be presented to the Cabinet within the coming few days says, Minister of Buddha Sasana Gamini Jayawickrama Perera.

The said Cabinet paper was compiled according to the requests of all religious leaders according to the Minister.

He made this statement attending an event held in Gampaha recently.

Japan has sent its Minister of Defence Itsunori Onodera on an official visit to Sri Lanka and India aiming to advance its push for a "free and open" Indo-Pacific and to counter the Chinese influence in the region, Japanese media reported.

Onodera is scheduled to hold discussions with President Maithripala Sirisena on Japanese assistance to the Sri Lanka Navy. This also marks the first-ever trip by a Japanese Defence Minister to the country.Onodera plans to visit Sri Lanka's Hambantota port, which is under a 99-year lease to a Chinese operator. Beijing has expanded its influence in the Indian Ocean area as part of its Belt and Road infrastructure initiative -- a trend Japan hopes to curb through greater security cooperation in the region.

Many rumours are circulating within the legal fraternity with regard to the next Chief Justice as the incumbent Chief Justice Priyasath Dep is set to retire in October.

It is reported that Supreme Court judge Eva Wansundera, the most senior judge after the incumbent, is viewed widely as the next Chief Justice.
Wansundera was sworn in as the Acting Chief Justice when Priyasath Dep was overseas on official engagements.

However, senior counsel Nagananda Kodituwakku said recently that Judge Jayantha Jayasuriya is likely to be appointed as the next Chief Justice.

Furthermore, justices Buwaneka Aluvihare, Priyantha Jayawardena and Sisira de Abrew are recognised as the most senior judges of the Supreme Court after Eva Wansundera.

If Wansundera is appointed as the next Chief Justice, she will become only the second woman in history to hold this position.

Dr. Shirani Bandaranayake became the first woman and the 43rd Chief Justice of Sri Lanka prior to her controversial impeachment which drew much criticism and concern from within and outside of Sri Lanka.

Office on Missing Persons (OMP) will release an interim report on August 30. The Interim Report, which will be released to commemorate the International Day of the Victims of Enforced Disappearances on August 30, will make recommendations to the Government on several issues of the missing and disappeared.

The OMP Chairman, PC Saliya Peiris said the commemoration is especially symbolic given that the International Convention for the Protection of All Persons from Enforced Disappearance Act (No 5 of 2018) was passed by Parliament in March 2018 and the OMP was established in February 2018 marking significant achievements in addressing the issue of the missing and the disappeared.

The day will also be marked by an event organized by the OMP from 3:00 pm. to 5:00 pm. at the JR Jayewardene Centre, 191 Srimath Anagarika Dharmapala Mawatha, Colombo 7 where families of the missing and disappeared and civil society will participate.

The keynote address will be delivered by Dr. Deepika Udagama, the Chairperson of the Human Rights Commission of Sri Lanka, and members of the families of the missing and disappeared will also speak at the event.

Pacific island nations are holding talks which could lead to a coordinated request that China forgive mounting debts in the region amid concerns Beijing may start seizing strategic assets, Tonga’s Prime Minister ‘Akilisi Pōhiva said on Thursday. Tonga, one of eight island nations in the South Pacific carrying significant debt to China, is due to start repaying loans next month after borrowing heavily in the aftermath of deadly riots in 2006 that destroyed large parts of its capital.

China’s possession of a Sri Lankan port as Colombo struggled with a spiralling debt crisis meant asset seizures could not be ruled out, Pōhiva told Reuters in a phone interview from Tonga.

“If it happens in Sri Lanka, it can happen in the Pacific - so it is entirely an option for China to consider,” said Pōhiva, who did not identify any specific assets at risk of being seized.

“If we fail to meet the requirements and conditions set out in the agreement ... we have to pay the cost for our failure to meet the conditions.”
China’s Foreign Ministry did not immediately respond to a request for comment on Thursday. It has previously said there was no evidence China was responsible for creating unsustainable debt and that it retained good relations with Tonga.

In April, media reports suggested China wanted to establish a military base in the Pacific island nation of Vanuatu after funding a wharf big enough to handle warships. Both China and Vanuatu denied the reports. 

(Reuters)

Joint Opposition (JO) parliamentarian Namal Rajapaksa and State Minister of Foreign Affairs, Wasantha Senanayake of the United National Party (UNP) have been found to be the MPs who least attended parliament in the last quarter.
 
Manthri.lk of Verite Research which evaluates the performance of parliamentarians releasing a report this week revealed that of the 24 parliamentary sessions held between May - July 2018, the duo had only attended two sessions. Former President Mahinda Rajapaksa was also an MP found to be avoiding parliamentary sessions. According to manthri.lk he had only attended four sessions in the evaluated quarter.
 
Others joining him were UPFA MPs Premalal Jayasekara, Arumugam Thondaman and Lakshman Wasantha Perera.
 
However, despite not attending parliamentary sessions MP Namal Rajapaksa appeared to be active on social media particularly on Twitter during sitting days while also marking various other engagements such as foreign trips and numerous public meetings as well as social events.

Parliament also had to be adjourned twice due to having no quorum in the last two months alone. Parliament requires twenty members including the Presiding Officer to be present at a session. 

Source: Sunday Observer

Sri Lanka is set to enter into an agreement with the Government of Oman to avoid double taxation after Cabinet approval was granted to a proposal made by the Minister of Finance and Media Mangala Samaraweera yesterday.

The agreement relating to the avoidance of double taxation and the prevention of fiscal evasion covering the areas pertaining to interest, royalty and profit motivation on shipping services is being carried out in anticipation of enhancing economic relations and corporation between the two countries.

In March, Speaker Karu Jayasuriya led a multi-party Parliamentary delegation that undertook an official visit to the Sultanate of Oman at the invitation of State Council of Oman Chairman, Dr. Yahya bin Mahfoodh Al-Manthri. 

The visit was a significant milestone in Sri Lanka-Oman bilateral relations, as it was the highest-level political visit to the Sultanate of Oman from Sri Lanka following the establishment of diplomatic relations between the two countries in 1981.