SJB to challenge 20A in Supreme Court

By Akitha Perera

The Samagi Jana Balawegaya was planning to move the Supreme Court against the 20th Amendment (20A) ‘to safeguard the mechanisms introduced by the 19th Amendment to ensure independence of the judiciary and the public service”, Chief Opposition Whip Lakshman Kiriella said yesterday.

Addressing the media at the SJB head office, in Pitakotte, MP Kiriella said the proposed 20A would deprive the people of their democratic rights and they would to all out to obstruct what he called the government’s march towards dictatorship. The first step in that battle would be going before the Supreme Court against the proposed amendment, Kiriella said.

Kiriella said: “People have not forgotten how they held elections to the Wayamba Provincial Council. There were numerous malpractices and irregularities including the mobilising of police and public service officials to support the ruling party rig that election. The judiciary was also influenced. Those actions paved the way for a public debate and it was agreed that the police, judiciary and public service be made independent.

“It was as a result of that discussion, the 17th Amendment to the Constitution was introduced with independent commissions.

All parties voted for it. That amendment introduced independent commissions and a Constitutional Council was set up to make appointments to those commissions. That council had the powers even to reject a name sent by the President.

“What happened thereafter? They brought in the 18th Amendment which concentrated all powers in the hands of the President again. The 17th Amendment was abolished. People asked for strengthening the state institutions and making them independent. As a result we introduced the 19th Amendment to the Constitution to prune down some draconian powers vested of the executive presidency. We re-established independent commissions which ensured democracy. Now, the incumbent government has brought in another amendment to do away with those democratic mechanisms and to consolidate powers in the hands of the president.

The proposed 20th Amendment will vest some powers in the hands of the executive presidency including that to appoint judges. This will pave way for a dictatorship.

One of the excuses they give is that they introduced this amendment to ensure stability of the government. That is a blatant lie. As per the provisions of the proposed amendment, the president could dissolve parliament one year after the formation of a government. Does it ensure stability?

We will go before the Supreme Court and hope that the court will help save democracy in this country,” MP Kiriella said.

SJB MP Dr. Harsha de Silva also addressed the press.