Acquired assets to be privatized again – Keheliya – Media Minister

When donkeys are given the job of running a government, in this case in Sri Lanka, these pronouncements sound like far-fetched dreams. It is only in Sri Lanka that someone without any blushes can say “we took over Companies on Nov 9^th and in a week we are ready to resell it back to them if the proposals (by that we mean a bribe to the rulers) are to the satisfaction of those! Presumably a sycophantic dunce. What a bunch of morons? It is asinine if the statement was true and said in all honesty and it is also asinine if it is a joke said in complete bad taste.

Then why acquire them in the first place and put at risk thousands of jobs due to the perception that this country is not safe for business as the government with such an overwhelming majority in parliament can do as they please. There is no independence of the Judiciary and Legislature from the Executive. This is a clear example of cockiness getting the better of good judgment. When the perception of a good environment is just as important as the actuality, the dictatorship does not realize its effect as they have never had to work hard to run a business that did not involve bribery and corruption on a grand scale.

Do understand that any new proposals presented by the people from whom the govt. grabbed these businesses can be used by a competitor as there are no scruples and the govt. is using these comprehensive business plans as ways to leverage for a better deal from third parties to whom they would prefer to sell these assets.

It is rumored that this whole set of companies was taken over rather than restructured under existing ownership, was because there were cases of large bribes that could be given for these companies by the new investors. I hope they realize in Sri Lanka a bribe is NOT a guarantee that an unexpected law will not apply to them. It is a gamble. The sooner the foreigners realize this the less likely any additional investment will be forthcoming.

This sleight of hand to try and confuse the mind will not work as the damage has already been done, and trying to undo the damage so created is impossible, by making these ridiculous and childish statements.

It will be very interesting to see who will be bidding for this whole list of companies and the hidden costs paid by the bidders for these enterprises. It is sad that the fallout, which was only to be expected, was not predicted by the government side so drunk with power. The wholesale damage to the economy of Sri Lanka by this action is very much to be regretted.

The debate about the replacement of the Party Leader of the UNP goes on

 

This ongoing saga has taken a nasty turn where the Sirasa TV has gone on a vendetta to attack the party leader of the UNP with a vengeance never seen in the history of Sri Lanka. What is more, there has not been one word uttered by the Leader to these defamatory statements as he feels that they do not deserve a reply as they are not based on logic, but on a personal vendetta. The party faithful who back the leader want him to go to the Media to denounce this tirade of charges and defend himself, something he is not willing to do even at this stage.

The public on the other hand being hugely gullible is willing to accept what they see on TV without any enquiry into the why’s and wherefores of the merits and therefore a media consensus has arisen that the party leader should go sooner rather than later. The latest salvo being shot by Sajith saying the full complement of the UNP working committee should be immediately appointed.

I cannot see anything arising from these media circuses as that is purely what they are without any substance to back them up. This provided a lot of fodder of the papers and people to talk around the dinner tables and boozing moments.The assertion is that the working committee does not represent the will of the people in the party. That is a hugely contentious issue which depending on who you talk to and who you include as the party faithful will give you a different result.

How should this apparent stalemate be resolved? There is no sign that Ranil is about to turn in the towel. I am told privately that he would like to leave the post, but does not know who he should hand over the reigns to. He feels other contenders will break the party apart. The unfounded allegations that gain traction in Colombo 7 houses about being in cahoots with Mahinda does not help with being objective in this important page in the country’s history, when this country is about to fall into the abyss of a brutal dictatorship bought for money.

In light of all this I firmly believe despite the reservations one has about Ranil, he is the best the opposition can currently throw against the government, and if the party decides to drop the infighting and give him a chance, he can lead the anti-government demonstrations, the need for the moment to gain the moral high ground(no other person in opposition has less skeletons under the cupboard than Ranil) as a clear alternative to the devious, manipulative, and opportunistic leader who is running this country to the new lows in all criteria except in lying which has risen to a new high. Let us hope in the days ahead the concentration of all efforts will be against the cavalier behavior of a government bent on destruction!

The latest legal tactic “an Enjoining Order” to gag an opinion of a journalist

In recent days, accusations have been flung of a calculated scheme to defraud investors by insider trading with the use of drug money to turn black money white, with the blessing of the government as the players are highly connected to the regime. The other implication of the story was that once Duminda Silva met his fate, the flow of drug money also slowed so much due to the unavailability, that there was a shortage of this to invest in the market, by the players, and specifically Dilith Jayaweera, a partner in an advertising agency that is co-owned by the daughter of a minister in government. This accusation that has just been gagged went on to say that this was another reason for the fall in the CSE stock prices.

The aforesaid individual has amassed a fortune on questionable speculation and pump and dump schemes, using drug money as the starting base, as otherwise his source of funds cannot be accounted for. Lets face it if drug money is used, then you are able to place huge bets on the market, as you can afford to lose as it is not hard earned and carefully collected funds. Shan Wickremasinghe, the brother of the leader of the opposition has made some of these accusations, and he had repeated them on the BBC when his life was also threatened. Ironically Shan’s sister is a very good friend of the Dilith’s business partner, so threats were conveyed using this source. Needless to say in SL there has been a defamatory claim by Dilith to the tune of millions from both Shan and also the BBC for naming him and implicating him in this sordid business.

Think for a moment. If you were innocent would you file an action claiming that you were wrongly and wantonly accused of heinous crimes you did not commit? I rather think not as I have nothing to fear from lies. It is the truth that hurts. Further I will not spend hard earned money in defending myself from false accusations.

The court order issued today is effectively a gag order preventing Shan and his TV station from further making these allegations against this man. I seriously wonder if the implicated person was a member of the opposition, if the court order would be forthcoming. I therefore question the independence of the judiciary in this instance and say they have been nobbled! Slang for been compromised.

It will be interesting to see how far this issue goes from here, and the fear people have when messing with this kind of bully, only using a position gained temporarily out of circumstances and not with the use of innate entrepreneurial skills. Whilst I hope justice prevails here, I would really like the police to conduct a proper investigation and come out with the facts. The problem is that in the current environment, the police are unable to impartially check on credentials to come out with the truth and therefore even here justice will not prevail.

We must therefore conclude that we cannot get justice in this case and whatever outcome is forthcoming, it becomes a mere power play of the rich and mighty against the rest of us mortals. When can we expect real justice? I think only when these monsters are finally brought to book for their crimes. Of course they live in complete oblivion about their moral stature, and hope their crimes will catch up with them sooner rather than later.

People do not make accusations of this nature for fun, as they are very serious and are of national importance to safeguard the nation from the oppression and tyranny of a set too inebriated with power to realize it.

Pray what is going on? Why is there delayed action on justice? Is it a change of heart of just undue pressure from outside?

Everyone who has a pea brain’s knowledge on the law were saying that no matter who pulled the trigger, the fact that Duminda Silva convoy had so many unlicensed weapons was tantamount to the need for an arrest warrant, on the person leading this convoy as otherwise these weapons would not be carried without his approval. Even though the person charged was still undergoing treatment, it was important for the justice system to be seen to be independent for a judge to issue an arrest warrant and guard the patient not only for his protection, but also as a flight risk.

The cavalier way in which he was transported out to Singapore, where the authorities and this I mean the Rajapakse family gave protection for the flight out, has to be condemned. Better late than never, an arrest warrant has been issued by a magistrate even though the person has flown the coop by the grace of the very Government who should be enforcing the law!

I am uncertain if this is just an act and show, so that people in civil society will change their attitudes of ‘the different implementation of the law for different strata of society’. No matter what it is, it shows that finally there will be some accountability of the actions, and that the level of dissatisfaction within the ruling party at the complete impunity with which the legal system has been violated, was getting too hot to handle. It was apparent that even at the Acquisiton Bill only two government spokesman spoke in the debate, as it was difficult and almost impossible to justify putting into law an Act that will destroy business confidence for the sake of a few handouts to yes men!

It is important now that the action is followed up, by issuing a request to the Singapore government to detain and dispatch the suspect back to Sri Lanka, and if he is still in a delicate state, then an air ambulance be used to do the needful. If this follow up action does not take place immediately then the court order amounts to a “hill of beans” in la la land of the lotus eaters, who have been deprived of basic freedoms, and the continual denial of the remaining ones.

The simmering dissatisfaction by the people arising from the original incident is yet to be placated, and time will not let this go by. The groundswell of support within the Bharatha Laksham strongholds of Kottikawatta, Mulleriyawa and Kolonnawa are readying for a war of attrition to seek justice, even if they have to go to International courts, if redress is denied in the local justice system. Do not forget the reason for going overseas is not to be anti-patriotic but that the local justice system is not independent of the executive which is interfering all the way.

Can you seriously consider the nerve and arrogance of a ruling BRO to make patronizing statements?

The arrogance of the Ruling family! And the pride with which Basil considers the term the “Rajapkse Samagama” being a strong point, is quite galling to put it mildly. An article I read on the WEB from the Island and I quote from there:

“Our family has dominated Politics…….we are professional politicians.” That is what is wrong with them. They have no clue how to develop a country and set an example. Sure they know how to appeal to the gallery and con them into voting for them.

“The government is transparent and it is required by law…it must be remembered that every leader in this country had been accused of totalitarianism.” It seems only his opinion, and the majority of this country will contradict him on that fact. As for totalitarianism, I would say all Presidents only not all leaders.

“This saddens me……but I suppose PR and public awareness is weak.” What an understatement! The govt. is engaged in a PR exercise, which fools people into believing they are doing something. Just look at the full page advertisements in daily newspapers on the projects they are either laying a foundation stone for or opening. Much of the credit should go to previous regimes due to gestation.

“However this govt. and the President has received an overwhelming mandate…..Citizens of this country can go about their business in peace……. The President cannot go overseas and freely as he would like…… some elements ….trying to haul him up for purported crimes.” This use of the war win at this stage which has given him the mandate is now past, and people’s freedom to live and do what they want is not. We are purportedly at peace! As for the President I have no idea why he goes overseas so often, and he is, as I write. The war crimes issue will never go away as long as the arrogance of non acceptance of responsibility cannot be carried outside of these shores. Those within are willing to let go, due to the tragic history of violence over 40 years. To the battle hardened citizens that is the least of their problems. International norms differ.

“The President is not being accused before the International Community of being corrupt……the President and his government are not being censured for corruption and transparency, because these clearly aren’t issues in the country.” Is he in dreamland? No President of any country is accused of being corrupt. There is no international law to prosecute for corruption outside, by the international community. They are not issues in the country because the people know there is little they can do. Everyone believes the govt. is corrupt but accept it as normal.

The bypassing the legal requirements in the presentation of the Bill now Act

The ACT in question has not gone through the process of publication as required by Art 78(1) of the constitution where it is published in the Gazette 7 days prior to it being placed in the order paper of Parliament. This is so that a citizen can challenge the constitutionality by a petition to the Supreme Court. The govt. has used an exceptional provision in Art 122 where if the Cabinet decides that the Bill is URGENT IN THE NATIONAL INTEREST the President refers it to the Supreme Court as in this instance. If it is enacted on Wednesday Nov 9^th it will be irreversibly binding. The Bill is NOT in the National Interest and therefore violates all acceptable norms. On the date this bill is enacted the assets will vest in the Secretary to the Treasury for and on behalf of the Government of Sri Lanka.

Do not forget that when an ACT is passed there is little recourse as that is law and no one can question its validity. That is why time and debate is essential before any Act is passed in order that the contents are subject to satisfactory consultation.

In the former CJ Sarath Silva’s article in the Daily Mirror he says that “the decision of Parliament is not subject to judicial review” Thus the parliament (the legislative body ) is being thrust by the Executive by a deft move to the role of exercising Legislative Executive and Judicial Power in contravention of Article 3 and 4 of the Constitution.

The Bill violates the fundamental rights guaranteed by Article 12(1) of the Constitution “persons are equal before the law and are entitled to the equal protection of the law.

The Bill further denied to specific persons their right to engage in a lawful enterprise in violation of the fundamental right guaranteed by Art 14(1)(g) of the constitution.

Further the Bill denies the specified persons their Human Rights guaranteed by Article 17 of the Universal Declaration of Human Rights.- (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property. “Any decision made without affording a hearing to the affected party is arbitrary.

The Universal Declaration is now considered to be Public International Law. Thus the Bill says Sarath Silva is a shocking mockery of the legislative processes, constitutionality and the Rule of Law.

A sinister by-product of the Expropriation Bill - sorry "The Revival of Underperforming Enterprises and Underutilized Assets Bill"

It is now obvious the Business Community is shit scared of what is in store for them and believe that being IN with the Government will save them from future slaughter. That kind of fear psychosis leads to the mistaken belief that if they play according to the state’s rules and not help anyone in the opposition they will be safe from being taken over. They are sadly mistaken as it is purely if you are out of favor at the moment rather than how much help you actually gave the government that matters. In the case of Harry Jayawardene no amount of funding for the SLFP has spared him. This then is the stark truth and NO ONE is safe.

Living in this time of well healed people in Colombo, they dare not help the opposition in case their businesses are taken over on some spurious grounds and given to some friend of the government. This indirect gagging of the opposition it is hoped would prevent any resurgence of the UNP so that the existing rule can become Ghadaffiesque with as grand a fall as he faced. Live is not that certain, and now it is quite apparent to many people what is going on and the threats anyone not within the government faces.

Fortunately the roles of the UNP and the Alliance have changed with the Alliance seen as right wing and corrupt and UNP more left of center to protect all those who are persecuted. This transformation then enables the UNP to rely less on the traditional rich funder, and more on the working class to take up the fight against the selfish juggernaught. Once the opposition is able to put its internal fights to bed then there are many a government MP willing to cross over due to them being fed up with the level of graft of the rulers. In crossing over they will however be asked to change the party allegiances so that one large party will emerge out of the mess.

It is therefore clear that the govt. is handing the opposition the first fool proof piece of cake in the form of the Act to justify to the masses that the whole reason for their not being in employment is that the government has put a damper to inward investment which will in the end affect the employment prospects of everyone today. It is now incumbent on the opposition to maximize on this once in a lifetime opportunity to re-connect with their traditional power base and reorganize their grass roots and their message to enable a resurgence of support, to go forward.

It is therefore important that they know how to snooker the govt. using this bill as ammunition in backing up their vision for the future that ensures the rule of law and justice that is administered fairly without prejudice and obtain the support of the masses for their cause, highlighting the arrogance of too much power.