Criticism not the answer to crises
Thursday 19th November 2015
There's lot of infighting and criticism within the Yahapalanaya Government. Cabinet Ministers battle each other in public over controversial issues that are being investigated. The Avant Garde arms deal controversy takes the lead in that direction. Despite being warned and advised by President Maithripala Sirisena and Premier Ranil Wickremesinghe, Ministers Wijeyadasa Rajapakshe and Rajitha Senaratne continue to criticize each other through the media. The emerging scenario is detrimental to the concept of yahapalanaya. A Government of Unity was established by the President and Prime Minister to operate a clean government with unity and understanding. What is to be seen is not unity but disunity.
The government as promised established the Constitutional Council and other independent commissions. These commissions should begin to operate without delay to avoid criticism by legislators and the public. The judicial system and the Attorney General's Department have come under fire by government ministers who claim these two entities were the impediments in the anti-corruption drive of the Yahapalanaya Government. Since the machinery of independent commissions has been set in motion, there is no need for further criticism of these two vital institutions. The process needs to be activated if certain individuals in these two bodies placed obstacle towards the anti-corruption drive.
Deputy Minister of Power and Renewable Energy Ajith Perera was reported to have been critical of the Attorney General's Department alleging that the department caused an inordinate delay in dealing with high profile investigations into alleged corruption, waste and irregularities of the previous regime. The Deputy Minister was also critical of the role played by the Attorney General in that direction. He further noted that the Police could not proceed further as the Attorney General delayed to give the green light to prosecute offenders.
The government ministers continue to cast remarks at the Attorney General and the AG's Department like a daily prayer. Such conduct does not look good at every turn as the incumbent is embarrassed. If the government does not have faith in the Attorney General, there are provisions in the Constitution to take remedial action rather than casting adverse remarks on that individual like a daily prayer. The government is responsible to see an early end to the cases of corruption now before the Attorney General's Department. Casting aspersions on the AG's Department without contemplating on measures to expedite the cases is a futile exercise as the people would lose confidence in the government. Even at present the people who voted this government into office view it as a weak entity due to the inordinate delay and the lethargic attitude towards combating corruption and meting out punishment to offenders.
With the establishment of the Constitutional Council and the independent commissions, the government has the right to reconstitute the judiciary. If the government feels that the Attorney General or his Department is an impediment to the ongoing process of investigations into the past regime, it should treat the issue at priority status and act immediately to appoint persons who would perform their duties in an impartial manner. Battling with the judiciary and casting remarks at the Attorney General or his department will only weaken the government.
The President and the Prime Minister must also instill discipline among ministers. Ministers openly criticize their own government of National Unity. That is not democracy as ministers are bound by the collective responsibility of the Cabinet. Recently Transport Minister Nimal Siripala de Silva claimed there was no yahapalanaya in the Yahapalanaya government. In making such an adverse statement, the minister had violated collective responsibility of the Cabinet in the open. If such conduct is allowed, others too would follow suit causing embarrassment to the government.
Therefore, the President as Head of Cabinet should take disciplinary action against Minister De Silva. Violation of the collective responsibility of the Cabinet is a matter serious enough for expulsion from the Cabinet. Or as former President J.R. Jayewardene did in the case of his Industries Minister Cyril Mathew who violated the collective responsibility of the Cabinet, the incumbent President has the power to order Minister De Silva to tender his resignation. If the Presidential order is defied, the President could remove him from the Cabinet. According to ethics and norms of the Cabinet, no minister is permitted to criticize the government, while being a member of the Cabinet. Will the President follow JRJ is a question that remains for answer.