Who is Responsible for the Local Government Elections Mess?
By Ali Sabry, Former Foreign & Justice Minister
The current crisis surrounding local government elections is not an accident. It is the direct result of a reckless and constitutionally questionable legislative maneuver executed during the so called Yahapalanaya period. What was presented as a benign bill with just three clauses on women’s representation was, in an unprecedented move, hijacked during the committee stage and transformed into an entirely different law, with 132 new clauses, completely outside the scope of the original bill.
This wasn’t legislative reform; it was legislative ambush.
In one of the most outrageous episodes in our law-making history, a bill that was never meant to overhaul the local government electoral system ended up doing just that, without any public consultation, without judicial review, and without constitutional propriety. It was an open defiance of the norms of democratic law-making and a textbook case of how parliamentary procedure can be abused to serve political ends, in this case, to delay elections.
Even more shocking was the endorsement it received. The Attorney General of the day inexplicably opined that the bill could be passed with a two-thirds majority, effectively shielding it from judicial scrutiny. The Hon. Speaker gave his sanction, and members across the aisle, including the JVP/NPP, voted in favour. Without their support, this legislation, this legislative monstrosity, would never have passed with 1/3 majority. That is a historical fact.
When we took the matter before the Supreme Court, we argued that this was ultra vires, a fundamental violation of the constitutional limits on legislative process. Disappointingly, the majority of the bench ruled that once a law is passed, regardless of how outrageous or unlawful its passage may have been, it cannot be undone by judicial review. Only one judge, the former Chief Justice Priyasath Dep, stood his ground and dissented, recognising the dangerous precedent being set.
Later, when I had the opportunity during the 19th Amendment process, I made sure to insert a critical safeguard into the Constitution: that committee stage amendments must remain within the original scope of the bill. It was a small but necessary step to ensure that such a legislative ambush would never happen again. It has remained as our law since then.
So let us be clear, no one, least of all the NPP, can today claim moral high ground on this issue. It was part and parcel of the process that birthed this legal disaster. If we’re serious about fixing the mess, then the solution is simple and honest, repeal this Act. Start afresh with a proper, democratic, and consultative legislative process. Until then, we must live with the consequences of that misdeed.
We all make mistakes in politics. The test of leadership is not in avoiding them, but in owning them and fixing them.
However, It is my opinion that, wherever they have won the majority of the wards , irrespective of the arithmetic jargon, they must be given the opportunity to govern.
Because, that is what the voice of the people!
