Will Diana’s Supreme Court Judgment abolish the Ministerial posts of the remaining SJB members?
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The Supreme Court ruled on May 8 that former MP Diana Gamage who has been making headlines in the political arena in the past few years is not fit to hold the position of an MP.
by Anonymous |
May 10, 2024
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With the decision of the Supreme Court, circulated statements claimed that the Ministerial positions of the SJB MPs were at risk.
During his Parliamentary speech, Minister of Power and Energy Kanchana Wijesekara questioned how a party of a number of MPs which was registered under “an individual who does not possess a citizenship such as Diana Gamage” can be legalised. The Minister’s speech was reported in a number of newspapers such as Lankadeepa and Thinakural the following day (May 9).
Among the reported news articles on websites, Lanka C News reported that the suspension of Diana’s Ministerial post posed a threat to the posts of the remaining MPs. The article further stated that the legitimacy of the party was at question due to reason of her recognition as the Deputy Secretary of the party in the documents provided to the Election Commission.
Lanka C news link – https://shorturl.at/qyHOP
On May 9, Diana Gamage held a press conference where she questioned the legitimacy of her position as General Secretary of the Samagi Jana Balavegaya and if she was not a Sri Lankan citizen. She further stated that she handed over ‘Ape Jathika Peramuna’ to SJB during her tenure as General Secretary, and SJB has no legitimacy.
On December 8, 2022, Diana Gamage had issued a statement to Parliament on the matter, where she said “What I have to say to those who talk about my citizenship is, if I do not have a citizenship in this country, all 54 cannot be here. Why? Because I was the General Secretary of this Party and all of the Samagi Jana Balavegaya’s Ministerial posts would be abolished.
Does Diana’s judgement put the SJB MPs Ministerial posts at risk?
FactSeeker analysed the various news allegations circulating in Parliament, mainstream and social media, challenging the Ministerial posts of the members of SJB.
Election Commissioner Saman Sri Ratnayake told FactSeeker that an individual’s citizenship is not inquired about when registering a party. “The question in Lankan citizenship comes to light when giving nomination lists for Presidency or Members of Parliament. According to the Parties Registration Act, inquiring about it is not mandatory. However, if a problem arises, any party may appeal to court.”
He further said that the Election Commission has received the former Minster’s court order. He said that further action would be taken accordingly.
SJB Party Members registered at the Election Commission – https://elections.gov.lk/web/wp-content/uploads/pdf/pol_party_list/Officers/80_4.pdf
Meanwhile, former Election Commissioner Mahinda Deshapriya had provided a statement on the matter to the Mawrata news website which read; “There is no law anywhere that states that a foreign citizen cannot register a political party.” He had further stated that Diana Gamage did not sign the nominations.
Mawrata link – https://sinhala.mawratanews.lk/exclusive/former-election-commissioner-makes-a-special-statement/
FactSeeker inquired from SJB’s General Secretary Ranjith Maddumabandara on his view on the matter. He stated that in 2021, the ‘Ape Jathika Peramuna’ converted into the Samagi Jana Balawega party and Sajith Premadasa was appointed as the leader and Chairman of the party while he was appointed as the General Secretary. At the time the party was registered at the Election Commission.
Ranjith Madduma Bandara further stated that although Diana Gamage held the position of the General Secretary of the ‘Ape Jathika Peramuna’, she did not hold the position of General Secretary of SJB. He said that she was not the initial General Secretary of SJB although she claims to be, and she did not sign the nomination list.
Accordingly, FactSeeker confirms that the Ministerial posts of the present SJB Members which have claimed to be at risk are not evidence based.