Joint Opposition makes PM the nation’s new

Avurudu Kumaraya

BLESSING IN DISGUISE: After beginning D-Day with a an early morning visit to the
Gangaramaya temple with his wife Maithree to offer flowers to the Buddha and
seek the blessings of the Noble Triple Gem and the Gods, Ranil and Maithree
wrapped up the triumphant night attending a Bodhi pooja at the same temple
As over half of Parliamentarians say ‘Ranil’s a jolly good fellow’, JO finds its no-
confidence bomb blowing up in their own faces
AFTER THE PLANNED CRUCIFIXION, THE RESURRECTION

Sunday, April 08, 2018

Ten days before the dawn of the Sinhala and Hindu New Year, the Mahinda
Rajapaksa-led Joint Opposition gave Prime Minister Ranil Wickremesinghe their
New Year gift to him well in advance. They made him the nation’s new Avurudu
Kumaraya, the new New Year Prince of Lanka, albeit unwittingly.

Last week on Easter Sunday they had planned to crucify him on the cross of the
no-confidence motion they had presented to parliament last month and which
was taken up for debate and vote this Wednesday, April 4. At 10 pm that night,
when the Speaker of the House announced the result after a marathon 12-hour
debate, it became apparent that the joint opposition had come a cropper, made a
major blunder. They had schemed to destroy the prime minister with this
explosive motion and thereafter demolish the Government. Instead, it had
boomeranged and blown up in their faces.

Ranil Wickremesinghe had won handsomely: By a majority of 46 votes. Out of a

Parliament consisting of 225 members, excluding the Speaker, 122 MPs had
expressed confidence in him while only 76 had voted no. Another 26 had sat on
the fence and had desisted from stating whether they had confidence in the
prime minister or not, simply by scooting from the chamber when the vote was
taken. The final tally: 148, including the 26 who were conspicuous by their
absence, who did not vote for the no-confidence motion, against 76 who did.

A major reversal of fortune for the joint opposition. And a tremendous triumph
and boost for the UNP and its leader Ranil. From the ashes of the joint
opposition’s no-confidence motion, from their rash bid to see Ranil’s premature
demise, the prime minister rose, like the Phoenix, resurrected: his party
rejuvenated.
If not for that blessing in disguise, which the joint opposition bestowed upon him
by bringing the no-confidence motion, his political career would have seen an
early grave. But JO made soar his flagging popularity not only in the country but
within his own party – with young Turks in the fold braying for his blood and
conspiring to topple his Chuda Manikya from Sri Kotha’s pinnacle.
For the last two weeks, there had been nothing else on the nation’s lips than the
no-confidence motion against Ranil. It dominated the media. It was the
conversation in millions of homes. The talk on the streets. The babble in buses,
the chatter in taverns and the rant of politicians of many a hue on television’s
news and chat shows.
Unbeknown to Ranil himself, unbeknown to the Joint Opposition themselves,
Ranil had become a national obsession. The sole focus of the nation. The man of
the moment. The talk of the town. As they say in show business, there is nothing
called bad publicity. He was turned into a sort of mega star, with the nation’s
pulse palpitating as to his fate. Many predicted his end. Some prayed for an
eleventh hour miracle. But none dreamt his triumph would be a walk over or
envisaged his victory would be on such a mega scale.

It was a motion doomed from the start. Stillborn even before it was presented to
Parliament. The numbers were simply not there to win it. Even if all the SLFP and
Joint Opposition members were to vote they would only garner 95 votes. Even if
the JVP were to join in with their six, the number would still be 101. Whereas the
UNP had 106. And the TNA had another 16 and it was unlikely that the TNA would
throw in their lot with the Rajapaksa’s and throw Ranil out.

But the cocky Joint Opposition pressed ahead, confident they would get their
numbers with some UNP dissidents making the Rubicon crossing to oust Ranil
from not merely his premiership but also from the UNP leadership. Many boasts
were made. While MP Udaya Gammanpila claimed they were confident that 22
UNP members would support the motion, former President Mahinda Rajapaksa
said that many Ministers had expressed willingness to support the proposed no-
confidence motion against Prime Minister Ranil Wickremesinghe. “They are close
to the Prime Minister,” he said and expressed confidence that the no-confidence
motion would succeed. “He will be toppled. He will have to go soon.”
But behind the brag, even though the Joint Opposition may have had secret
doubts of the motion succeeding, the ulterior motive in the whole exercise was to
create a leadership crisis in the UNP. To send the well-known racehorse to the
knackers’ yard and force the UNP stables to field a foal come 2020 poll.

As the SUNDAY PUNCH commented on March 25: “Therein perhaps lies the secret
of the Joint Opposition strategy. Already they have succeeded in breaking up the
SLFP and the UPFA whilst still professing to be members of the SLFP and the UPFA
of which the SLFP is the major constituent. Of the UPFA’s 95 MPs in Parliament
today, they have successfully kraaled the majority to their camp. They have
broken the backbone of Sirisena and left him forlorn and alone in the wilderness,
surrounded by a minority whose trust and loyalty to him can no longer be
guaranteed. In fact, it never was from day one. Now it’s the turn of the UNP. Most
probably, the no-confidence motion would turn out to be a puswedilla. But
behind the damp squib, a cracker has already been lit to render the UNP aflame
with dissension.

“In a way, the Joint Opposition’s no-confidence motion could not have come at a
better time to shake the UNP hierarchy from its slumber. In fact, it may have been
a blessing in disguise. A favour from the foe. For the UNP to get its act together.
Before it’s too late.”And what a favour it has been. The Joint Opposition has lifted
Ranil from the doldrums, turned him from a lame duck to a savvy swan, placed
him on the pedestal of triumph and strengthened his hand to a degree none
thought possible a week ago.

Of course, the Joint Opposition to cover up their embarrassment pretend not to

think so. In the aftermath of their failed bid, they declared to the media that it
was not defeat but a clear outstanding victory for the Joint Opposition. . Mahinda
Rajapaksa, the chief architect of the no-confidence motion, painted the motion’s
defeat as a victory. Speaking to journalists outside the Parliament Chamber, he
said the result would have been changed if all SLFP MPs voted in favour of the
motion. He passed the buck to President Sirisena’s table for the defeat and said
that “if the President was there with us we would have won it. Then the result
would have been different’, but failed to explain how, even if the entire SLFP MPs
had joined forces with the Joint Opposition he led and voted for the no-
confidence motion, they could not have still gained the magic 113 number to win
it when the UNP commanded 106 seats plus TNA’s 16 seats.

“First we had only 54 votes. However, this was increased to 76 during the vote,”
he said, having gained the consolation prize of splitting Sirisena’s SLFP by half. His
disciples soon followed suit to parrot the same spin and hail their defeat as
victory. Wimal Weerawansa, for instance, said that the defeat of the no-
confidence motion was three times a victory. He said echoing the words of his
master’s voice: “It has divided the SLFP and now we have not 51 members but 76
on our side. It has created a leadership crisis in the UNP and very soon the dissent
brewing in the UNP will spill over and thirdly the Government has lost its two-
thirds majority in Parliament.”
Dinesh Gunawardena, the parliamentary leader of the Joint Opposition, who two
weeks ago had said the no-confidence motion would create a crisis for the
Government, failed to realise that it was the joint opposition and the SLFP that
were in the cauldron of crisis. His main claim to gaining victory in defeat was to
say that the Government, having lost its two-thirds majority in Parliament may
now find it difficult to pass certain legislation that required a two-thirds majority.

He said:” the no-confidence motion had triggered a huge crisis in the Government
where it would lose its two-thirds majority in Parliament. This would create issues
for the government when enacting certain Acts and Bills.”
Perhaps he was right on that score. This week the Supreme Court ruled that
certain clauses in the new Judicature Bill that had been presented in Parliament
to set up a new court system that will fast track corruption cases and expedite the
process of bringing the corrupt to justice was inconsistent with the constitution.
The Court proposed eight amendments to it or that a two-thirds majority in
Parliament will be necessary to enact it.
So at least for now, in this volatile state, it appears that the establishment of
courts to bring the Rajapaksa regime rogues to justice will be put on hold.

He also said that for the first time in history, some ministers in the Cabinet had
voted against the Prime Minister. “A group in the Government voted in favour of
the no-confidence motion presented by us. The Prime Minister no longer has the
majority support in the Government.”

But hasn’t the PM the majority support in the House? Can’t Dinesh count?
Doesn’t 122 out of 224 give Ranil majority support? And isn’t that what counts?
The no-confidence motion was brought to declare that the House no longer had
confidence in the prime minister. Not to determine whether SLFP cabinet
ministers had confidence in him or not.

In their mad scramble to justify their ignominious defeat, the Joint Opposition
seem to have lost their marbles and in their rout have the audacity to proclaim
victory. But though that’s the message they want the public to believe in, in their
heart of hearts, they surely know that they achieved for Ranil what Ranil could
not have achieved for himself.

Consider the following:

The Constitution says that the President shall appoint a Member of Parliament
who, in his opinion, commands the confidence of the majority of members of
Parliament.

If there was even an iota of doubt whether Prime Minister Ranil Wickremesinghe,
commanded the confidence of the majority of the House or not, any such doubt,
as there may well have been, was laid to rest once and for all when the issue was,
courtesy of the Joint Opposition, put to the test this Wednesday.
And, with members voting 122 reposing confidence in him as against 76 voting
otherwise, it was established beyond all doubt that the majority of the House did
indeed have confidence in him.

Last month there was speculation whether the President, after having appointed
a prime minister according to the power vested in him under the constitution, has
the constitutional power to sack him. But this question has now become
academic. For the defeat of the joint opposition motion of no-confidence in Ranil
has proved that he does indeed have the confidence of the House, and that, too,
not in any small measure but with a majority of 46.

The final result of the Joint Opposition’s no-confidence motion has today made
Ranil Wickremesinghe’s position as Prime Minister unassailable. Even the
President, whatever his constitutional right may be, cannot even contemplate his
removal from that office. For the first time under the present 40-year
constitution, Parliament’s confidence in a prime minister has been tested. Ranil
Wickremesinghe’s steel has been subjected to go through the furnace and it had
withstood the test and emerged with his mettle strengthened.

The no-confidence motion also served to unite the UNP. All of its members
expressed their confidence in their leader. Even those who had been stripped of
their ministerial portfolios answered the call to follow their leader. The unity
displayed won the party victory and served to boost its morale.

The no-confidence motion, much to the Joint Opposition’s chagrin also provided
prime time TV nationwide platform for UNP big guns to fire their salvos against
the corruption of the Rajapaksa regime. Ministers Rajitha Senaratne, Sarath
Fonseka and others made good use of the opportunity to launch scathing attacks
on the Rajapaksas and condemned the mega corruption which, they alleged, took
place during their years in power.
Now let’s turn to the raison d’être, the reason on which the no-confidence motion
against the Prime Minister was based. Out of the 14 listed in the charge seat, 12
revolved around the bond scam.

The first charge from which the rest descended was that Ranil Wickremesinghe
had “placed the Finance Ministry under his purview with the intention of
committing the bond scam. And the second was that he had appointed
Singaporean Arjuna Mahendran to the post of Governor of the Central Bank,
directly involved in the Treasury bond scams.’

But didn’t the Joint Opposition when they made those charges realise that the
Prime Minister has no power to bring the Finance Ministry or the Central Bank
under his purview. That the power to do so lies solely in the hands of the
President. And no one else.
Consider the legal position as stated in last week’s SUNDAY PUNCH:

“Under article 43(2) the President shall on the advice of the prime minister
appoint ministers, under Article 43(3) he does not need to consult the prime
minister if he wants to reshuffle his cabinet pack thereafter and wishes to make a
Jack a King or a Queen a Knave or the Joker the Ace.

“When it comes to the appointment of state ministers or deputy ministers the

same applies. He shall do so on the advice of the prime minister. But when it
comes to determining their assignments and functions to Ministers, he may do so
in consultation with the prime minister, only if he thinks such consultation is
necessary.”
It’s clear that even if Ranil had suggested to the President to transfer the Central
Bank to his purview, President Sirisena was under no legal duty to assent. Thus
the legal responsibility is the president’s alone. And it lies at his door.
Secondly: the case of appointing Arjun Mahendran as the Central Bank Governor.
Again Ranil Wickremesinghe may have recommended the appointment. But who
alone, under the Constitution has the legal power to appoint the Governor of the
Central Bank? Again, under the Constitution, the president, not the prime
minister. Thus was an impeachment attempt against the President brought before
Parliament disguised as a no-confidence motion against the prime minister? And
thus did those SLFP ministers and MPs who voted for the no-confidence motion
do so without realising that it was one targeted against their leader, Maithripala
Sirisena?

After the no-confidence result had been announced, SLFP Minister Susil
Premajayantha told television journalists that he voted for the motion because he
is a representative of the people. But he is not the only one who is a
representative of the masses. All 225 MPs are. And proudly claim to be so. And
122 of the people’s representatives voted in favour of Ranil.

But if the purpose of the Joint Opposition was to nail the bond scam on the Prime
Minister’s chest, didn’t the outcome serve to cleanse him of its stain? Already the
Presidential Bond Commission, before which the Prime Minister appeared and
gave evidence as to his role, had exonerated him of any involvement with the
bond scam.
This Wednesday when the majority of Parliamentary members — representative
of the sovereign people of Lanka — expressed their confidence in the Prime
Minister and voted against the no-confidence motion which was mainly based on
his involvement with the bond scam, didn’t Parliament endorse the Presidential
Bond Commission’s view and further exonerate him of the scandalous charges
levelled against him?

No wonder Ranil Wickremesinghe must be grateful to his sworn foes for bringing
against him a no-confidence motion, for it provided him with the opportunity to
have the nation’s representatives express their confidence in him that, no matter,
what calumnies his political enemies hurled at him, a great majority of the
people’s representatives believed in his innocence.

But even as he must have thanked his lucky stars for surviving the challenge
against his premiership of the country and his leadership of his party, even as he
must have celebrated his Wednesday night triumph, he should not fail to
contemplate this Sunday morning that even a cat has only nine lives. And that, if
he fails to raise his own sword and crackdown on corruption; if he neglects to
carry out the mandate the people gave to the government in 2015, there may
never be for him another life left to lose. He would have squandered all nine.
Posted by Thavam