Gazette Bill in blatant conflict with Constitution

The Colombo Port City Special Economic Zone (SEZ) Bill had been gazetted on March 24 after Cabinet approval, and placed in the order paper of Parliament on April 9. Normally, before placing a Bill on the order paper of the Parliament, it goes through the levels of the Legal Draftsman, Attorney General, Ministry of Justice, and the Cabinet of Ministers.

According to a news item that appeared in the Daily News, on April 27, the Attorney General has informed the Presidential Secretary that the Port City Economic Commission Draft Bill is not inconsistent with the Constitution. But the same Attorney General has advanced the submissions and amendments in court, during the hearing of 18 petitions filed by members of civil society alleging the Bill is inconsistent with the Constitution.

The Supreme Court has found more than one third of its clauses are conflicting with the Constitution – the supreme law of Sri Lanka. Thus, it has been proved the Gazette Bill was in blatant conflict with the Constitution.

High officials of the Ministry of Justice, the Attorney General and the Legal Draftsman who are supposed to have been involved in the drafting of this Bill are professionals of recognized capability. They are committed to follow the best practices of their professions and should adhere to standards in procedural manuals and professional codes of conduct and ethics. They are bound by the oath taken by them in line with the Constitution and the accountability of the offices they hold. They also would have been supported by several legal eagles and experienced politicians in the Cabinet.

Citizens are confused as to how on earth such a Bill, in blatant conflict with the Constitution, could have been approved by the Attorney General and be drafted by the Legal Draftsman. 149 Members of Parliament have voted to amend 26 clauses of 75 clauses of the Legal Draftsman’s Bill. This is tantamount to a No Confidence Motion on the Legal Draftsman.

JUSTIN KEPPETIYAGAMA

jdkgama02@gmail.com