      |
|||
|
|
||
Tough laws to punish errant traders
exploiting GST The government has decided to enact legislation for the formation of a Tribunal vested with judicial powers to deal with consumer complaints including exploitation by errant traders under the Goods and Services Tax (GST), Internal and External Trade, Commerce and Food Ministry Secretary, T.P.G.N. Leelaratne said yesterday. The proposed Tribunal is to be headed by a retired Supreme Court judge. The new laws, aimed at fortifying consumer rights are expected to be presented to Parliament early next month, he told ‘The Island’. They are now before the Legal Draftsman, Mr. Leelaratne said. He explained that the proposed Tribunal, which is to be set up under a Consumer Protection Authority,will hear consumer complaints and only if deemed necessary, refer cases for legal action in a court of law. All the other cases will be handled and dealt with accordingly by the Tribunal. The new laws will facilitate initiating effective action against errant traders and taking them to task for fleecing consumers, Mr. Leelaratne said.It will also save time and money for those fleeced by unscrupulous traders and also ensure that those who cheat the people don’t get away with it, he added. The proposed legislation follows recommendations made by eminent economist, Dr. Saman Kelagama and attorney-at-law Mr. Cassie Chetty in August 1993 after a study titled ‘Consumer Protection and Fair Trading in Sri lanka’, for the Law and Society Trust. This led to the subsequent formation of a Task Force by the Minister of Trade, Kingsley T. Wickramaratne to look into the recommendations. Commissioner of the Department of Internal Trade, Lucas Indurugalle, told "The Island" that consumers will be given a fairer hearing under the proposed Tribunal which will comprise a three member Committee chaired by a retired Supreme Court judge, an Economist and a member of the legal profession. "There will also be new provisions under the Bill to regulate consumer matters on such areas such as the issue of warrantees and guarantees in the purchase of goods. In future this Tribunal will have the power to order errant traders against such acts and require them to pay refunds. And for those traders who refuse to abide by these orders there is provision to go before the District Courts and request these orders to be effected. The present formation of price control has been revoked to bring in tougher regulatory measures against arbitrary increase of prices. At present only the prices of pharmaceutical items follow the price control structure. Under the open economy price control measures are not functioning properly," he said. He added that under the proposed regulations fines against such offenders have been increased ten fold depending on the various offences. According to Mr. Indurugalle, the proposed legislation when effected will see the revoking of the Fair Trading Commission Act, the Price Control Act and the Consumer Protection Act, the functions of which will be brought under a Consumer Protection Authority to be set up. "This Authority will comprise of a Chairman, two Vice Chairmen and a number of senior executive officers. The present employees under the three institutions will be given the option of either joining the new Authority or taking an early retirement," he added. He further added that the effective points of Consumer Protection Laws in countries like the United Kingdom and Australia have also been taken in to account in the proposed legislative framework of the Consumer Protection Authority. Scholar monk's remains taken to Ratnapura The remains of Agga Maha Panditha Rajakeeya Panditha, Most Ven. Balangoda Ananda Maitriya Maha Nayake Thera was taken from the Sri Chandrasekararamaya, Maharagama in a motorcade to Ananda Maithriya Buddhist Centre in New Town, Ratnapura yesterday for public reverence. A state funeral will be accorded to this scholar monk who died on Saturday night at the age of 102 years. The cremation will take place on Thursday at 3.00 p.m. at Balangoda. This morning the body will be taken from Ratnapura to the prelate's temple, Nandaramaya at Udumulla in Balangoda and on Thursday morning to the Sri Dhammananda Pirivena, Miriswatta, Balangoda. The cremation will take place at National School premises in Balangoda. The Most Ven. Thera was admitted to Sri Jayawardenapura hospital a few days back as his health had deteriorated. It was last Saturday night amidst the chanting of pirith by Bhikkhus led by Ven. Balangoda Ananda Mangala Thera, a pupil of Most Ven. Ananda Maithriya Thera, that he breathed his last. Born on August 26, 1896 the Most Ven. Thera had his primary education at Balangoda Kumara Vidyalaya. On March 2, 1911 he was ordained as a Buddhist monk at the feet of Ven. Dehihena Sheelananda Nayake Thera of Sri Nandaramaya, Udumulla, Balangoda. The Most Ven. Thera received his Upasampadha on July 14, 1916 at Udakkujahena, Olugosthota in Balangoda. In the year 1919 he entered Ananda College, Colombo to study the English language and in the year 1922 was appointed a teacher of the same school. Most Ven. Ananda Maithriya Thera was in the forefront in establishing Nalanda Vidyalaya in Colombo in 1923. Incidentally it was he who named the college as "Nalanda". It was he who led the Buddhist monks to Burma to hold the "Shatmaha Buddha Dharma Sangayana". He was therefore venerable in the Burmese government as "Agga Maha Panditha". He was the first President of Amarapura Maha Sangha Sabha. In 1998 the government of Thailand honoured the Most Ven. Thera with the title "Choolankara Dharma Shasthrodhakami" degree. Secret LTTE arms dump detected at
Nagarkovil Army has foiled terrorist plans to mount a major operation in the Jaffna peninsula by detecting a secret arms dump at Nagarkovil in east Vadamaratchchy, military officials said yesterday.Director Media, Brigadier Sunil Tennakoon said that the detection was the biggest since troops secured Nagarkovil, an area on the east Vadamaratchchy coast a few weeks ago."There were a couple of detections as we moved in," he said revealing the latest recovery was the biggest. Twelve rounds of Rocket Propelled Grenades [RPGs], 51 60mm mortar bombs, 26 hand grenades and over 2,000 rounds of small arms ammunition were among the items recovered during the cordon and search operation conducted by Vadamaratchchy troops. (CENSORED) Troops recently moved into Nagarkovil to prevent terrorists from using the area as a landing point for small groups of infiltrators operating out of Mullaithivu coast. Brigadier Tennakoon said that permanent presence of troops will considerably restrict terrorist attempts to put ashore men and material for operations in the peninsula. He placed the number of infiltrators operating in the peninsula (CENSORED) at any given time (CENSORED) the number of infiltrators in the peninsula was less than 200. Tennakoon predicted that with the securing of Nagarkovil terrorists will find it difficult to send in people that way. Ongoing operations at Nagarkovil were the biggest in the Vadamaratchchy sector since an unidentified LTTE suicide bomber killed brigade [Vadamaratchchy] commander Major General [posthumously promoted] Larry Wijeratne. Since then troops have conducted a series of operations in the area to combat the continuing enemy build-up, military sources said. (CENSORED) Meanwhile, navy has recovered a fibre glass dinghy belonging to terrorists during a search operation at Punguduthivu island. Navy secured this island early this month to prevent terrorists from mounting operations from there against the troops based in the peninsula. At least 16 terrorists including a self styled ‘Major’ died in an operation conducted by elite Special Boat Squadron [SBS] ahead of contingents of navy and army personnel moving in. Senior officials said that securing of Punguduthivu and Nagarkovil will result in serious problems for groups of infiltrators operating in the peninsula. Security forces were seeking to control enemy boat movements between the Wanni and the peninsula, and also Wanni and the eastern province. Officers said that recent capture of Kuchchuveli-Pulmoddai and Valachchenai-Vakarai coastline had considerably helped to block Tiger movements between the East and Wanni. They also said permanent presence of troops at Punguduthivu and Nagarkovil will restrict movements between the Wanni and the peninsula. Troops have stepped up operations in the east in support of ongoing Wanni offensive, Jayasikuru. In the latest confrontation in Trincomalee, troops acting on information assaulted a hideout at Kalimadu and killed three terrorists. Two others had managed to escape with injuries. On a subsequent search troops recovered bodies of two terrorists along with three T-56 weapons, one T-81 weapon, one 40 mm grenade launcher and a radio set. Recovery of the grenade launcher and the radio set were clear indications that the hideout had been used by a major group operating in the district. Proxy to be filed on behalf
of retired SC Judge Wijedasa Rajapakse, Attorney-at-Law will shortly file proxy, on behalf of Tissa Dias Bandaranayake, retired Supreme Court Judge, Chairman of the Commission which probed the assassination of late Lalith Athulathmudali. Tissa Dias Bandaranayake as cited as the first respondent, in the Writ application filed in the Supreme Court by B. Sirisena Cooray, challenging the adverse findings made against him (Cooray) by the two Commissioners Tissa Dias Bandaranayake and G. W. Edirisooriya, High Court Judge. When the case was called before the Supreme Court yesterday, Rajapakse informed Court that the first respondent had sent the proxy by fax and that the counsel will file the original of the proxy in the Supreme Court registry, shortly. Rajapakse had already filed proxy on behalf of the second respondent G. W. Edirisooriya. Justice Mark Fernando stated that he had made critical observations of some acts of the first respondent, while Justice Fernando was a member of the Judicial Services Commission. He inquired from the counsel for the first respondent, whether it was preferable for Justice Fernando to hear this case. Counsel preferred that the case be heard by a bench not comprising Justice Fernando. The wishes of the counsel were granted. The Deputy Solicitor General Kolitha Dharmawardene with State Counsel Harsha Fernando appeared for the third respondent, the Attorney General, only. The respondents were given time till August 31 to file the objections. The hearing was fixed for 15 and 16 October. President’s Counsel K. N. Choksy was senior counsel for B. Sirisena Cooray, the petitioner. The Bench of yesterday comprised Justice Mark Fernando, Justice Dr. Asoka de Z. Gunewardene and Justice L. H. G. Weera-sekera. Wijedasa Rajapakse with Thilaka Bandara Wadeerawa, Nihal Bamunuarachchi, Dhammika Abeygoonawardene and Kapila Liyanagamage, instructed by Sripathi Sooriyaarachchi and W. P. Ekanayake for the two respondent commissioners. K. N. Choksy PC, with Desmond Fernando PC, Hemantha Warnakulasuriya, Sunil Rodrigo, Methsiri Cooray, instructed by D. M. Swaminathan Associates appeared for the petitioner, Sirisena Cooray. The UNP at its group meeting held yesterday decided to oppose the National Housing Development Authority (Amendment) Bill which will be presented to parliament tomorrow (23). Troops detect grenade in bus at checkpoint Troops deployed at a checkpoint at Wattala yesterday evening detected one JR type hand grenade when they checked a passenger bus, police said. Troops have detained several passengers. Police said that all passengers have been requested to leave the bus before troops checked it . Troops were last night trying to establish the identity of the person carrying the grenade. UNP to carry on with polls campaign UNP parliamentary group yesterday decided to continue with the Provincial Council polls campaign despite efforts by the government to put off PC polls scheduled for August 28, according to a statement issued last night by the UNP, Media Unit. Party leader Ranil Wickremasinghe will brief all party candidates. Our arch enemy UNP knows better
than anyone our achievements The UNP which is our arch enemy knows more than any others the great strides we have made during the past four years in office, to re-vitalise the country's economy, said President Chandrika Kumaratunga who declared open the Mirigama Industrial Processing Zone, Sunday (19) afternoon. The Industrial Processing Zone is coming up in a 100 acre extent of a 160 acre prime coconut land in the Mirigama electorate. President also declared open the first garment factory operating in the new IPZ in Mirigama. Twelve industrial concerns are to put up their factories in the new zone. They include both local and foreign industrial concerns. The job potential has been estimated to be around 25,000 when the Zone begins operations. President Kumaratunga said the Mirigama IPZ was the brain child of Minister of Buddha Sasana, Cultural and Religious Affairs Lakshman Jayakody. The President said her government would not hold carnivals and musical shows to boost up its image. "I would say this to the people of my country with honesty", she added. "All what my government wants to do is to salvage the economy of this country from the abyss into which it had fallen during the 17 year UNP rule. We want to make the country a peaceful and prosperous land once again," she said. She said the Mirigama IPZ was the realisation of a dream, that her government had for a long time. "One of the first things we did after being voted to power was to examine the development potentials of the many localities of the country and to draw up plans for their profitable exploitation. The last UNP regime neglected the site which was a land belonging to a relation of Minister Lakshman Jayakody and vested in the Land Reform Commission under the Land Reform Law during the United Front government of 1970-77. Today an Industrial Processing Zone is coming up in it. "This is only one of the many comprehensive development plans to revitalise the country's ailing economy" she said. "We have not betrayed the confidence the people of the Siyane Korale placed on us when they backed us at the last hustings. We have been able to a great deal of work to put the economy on the right track during our four years of rule. "People wanted us to close that dark chapter of the history of our country, which was taken over by terrorism. We have now closed that chapter. We have put an end to corruption in the upper levels of public life. We are cleansing the lower levels too, of bribery and corruption. But we need new legislation to eradicate corruption from the lower levels completely. I assure you that we will bring in new legislation. "We had to do a cleansing the tainted minds of some in the administrative levels who had had a taste for bribery and corruption under the previous rule. "I can now assure you that there are no rogues in top state positions today. I am sure there is no one in such positions who would stoop to bribery and corruption. "But I would not say there is no corruption at all. There are still some people with unsubdued temptations nursed during the past regime. "Generally the present administration is clean of bribery and corruption. We have been able to control wastage of public funds. We have saved millions by avoiding wasteful expenditure. We are spending these money to fight a war against terrorism in one part of the country, successfully", she said. The President said her government was fighting at an enormous cost, a war that had been left to fermentation by the UNP, while attending at the same time to the neglected infra structural development and transport. "One cannot be complacent with only building roads, culverts and bridges. The outdated system of education needs reforms, without which no young man and women could be found employment. "There are vacancies for skilled personnel but there is a dearth of skilled people to fill them. Young women do not like to work in the industrial zones. We have to do something to change their attitudes. "Another problem is the investors dislike to employ males. They prefer females to males. This is because the investors think that males tend to join trade unions and disrupt the smooth running of their work places. Here again is an area where attitudinal changes are necessary specially on the part of young men entering the job market", she said. The President lamented the lack of interest on the part of the young people of the country to benefit from the vast body of knowledge the world has gained in the sphere of science and technology. Touching on the medical profession she said that the noble profession began to crumble the day private practice was allowed to government doctors. "All seems excellent, if you look at the buildings of government hospitals. But you must enter one as a patient to see what they are really. "Doctors are more concerned about private practice. There had been instances of injured persons bleeding profusely waiting in hospital corridors with no one to attend to them. There are instances of pilfering drugs from hospitals and selling them to private pharmacies. The government is spending a colossal amount on the health sector but the benefits are not reaching the people as the hospitals fail to serve the sick. Some doctors and health personnel are really concerned with the sick and these honest persons do overwork most of the time, the President said. The government is formulating a National Health Policy to ensure that the people receive a fair deal from the health sector, she added. Referring to the war she said the moneys spent on war are moneys spent for killing people. These moneys in fact must go to development. "We inherited from the UNP a practically abandoned war. "And we are fighting it out, how a war, should be fought. They gave Prabhakaran money and weapons and weakened the army. We do not lose our heads, like the UNP. "If anybody wants war we would fight with all our military might. If anybody wants peace we are prepared for that too. "The LTTE attack on the Sacred Temple of Tooth Relic is a demonstration of the ruthlessness of the terrorist outfit. We tried our best to get around the LTTE for peace talks. But the LTTE wanted war," she added. Minister Lakshman Jayakody said that industrialisation of the country was a concept conceived by the President. An Industrial Triangle will come up in the Gampaha district, he added. He said the site of the Mirigama Industrial Processing Zone was earmarked for a golf link by the previous UNP government which abandoned the project when there was public outcry against it. Minister of Industrial Development C. V. Goonaratne said the opening of the Industrial Processing Zone in the Mirigama electorate is worthy of writing in golden letters in the history of the country. War crimes court meaningless NEW DELHI, July 18 - A war crimes court that excludes nuclear weapons from its jurisdiction is meaningless and reflects the international community’s double standards on weapons of mass destruction, Indian analysts and diplomats said on Saturday. A statute establishing a world war crimes court was adopted on Friday after delegates at a United Nations conference threw out an Indian proposal to class the use of nuclear, biological and chemical weapons as a war crime. India drew international condemnation earlier this year with a series of nuclear tests. "It’s a joke," said K. Subrahmanyam, one of India’s leading security affairs experts. "If you kill people with bullets that is a crime. If you use nuclear weapons that is not a crime." "The international community has legitimised use of nuclear weapons," he told Reuters. "It reinforces India’s view that they had no alternative but to go ahead and test nuclear weapons," he said. India, which has long campaigned for univeral disarmament shocked the world in May by carrying out five nuclear blasts, prompting arch rival Pakistan to conduct tests of own. India’s ruling coalition, which ordered the on tests, said it was committed to seeking nuclear disarmament, but regional security concerns and an unfair global order forced it down the nuclear road. "It (the setting up of a war crimes court) is a meaningless exercise," said Jyotindranath Dixit, former foreign secretary. "It means people who have nuclear weapons should not be judged on the basis of international morality." Delegates at the five-week U.N. conference, held in Rome, cleared the creation of a International Criminal Court to try genocide, war crimes, crimes against humanity and aggression, once the offence is defined. In New Delhi, a foreign ministry spokesman said he had nothing to add to the statement by India’s representative to the U.N., Dilip Lahiri that it was extraordinary to send a message stating the "use of weapons of mass destruction would not be a war crime, whereas let’s say dum-dum bullets would be." Since its May nuclear blasts, India has been under pressure to renounce weapons of mass destruction, but experts said the West’s double standards on nuclear weapons made New Delhi’s task harder. "All the so-called non proliferation priests, people who give us lectures should be embarrassed," Dixit said referring to the closing of ranks against making nuclear weapons as a war crime. (Reuters) SL not for creation of
global criminal court Sri Lanka was among several other countries which did not supported the creation of an International Criminal Court to try war crimes. A statute setting up a world war crimes court was adopted in Rome following a five week long UN conference held in Rome diplomtic sources said yesterday. "We are not in a position to enter the agreement due to legitimate security concerns," an authoritative government official said last night. He said that the convention does not address Sri Lanka’s concerns. Sri Lanka, India and US were among several countries which did not sign the convention. Sri Lanka has earlier proposed to class terrorism a war crime. "The final draft statute of the war crimes court failed to meet our vital security concerns," the official said. Although India has not signed the convention it was not clear whether other members of the South Asian Association for Regional Cooperation [SAARC] had entered into the agreement. A Pakistani source in Colombo said he was not aware of his government’s stand on this issue. The International Criminal Court [ICC] has been campaigning for the creation of a powerful court to try war crimes. A world war crimes court has been proposed in good faith but the current situation here does not permit us to enter into this particular agreement. Sri Lanka declined to sign the anti-personnel landmine treaty in Ottawa last year. Sri Lanka welcomed the ban but insisted that she could not sign the treaty in the near future due to legitimate national security requirements arising from the current situation. Both US and India were among more than a dozen countries which did not sign the anti-personnel mine treaty. Doctors in A’pura
district govt. hospitals on strike Doctors attached to government hospitals in Anuradhapura district launched an indefinite strike from yesterday morning as their token strike last Friday had failed to produce any reaction from health authorities. They are demanding better medical facilities at the Anuradhapura General Hospital, the GMOA said. The GMOA staged a one-day token strike last Friday within the Anuradhapura district paralysing work at General, Base, District and Rural hospitals in the district and causing much hardship to patients. The GMOA claimed that the Provincial Director Health Services (PDHS) of the North Central Province had turned down the two demands laid down by their Anuradhapura Branch Union. The two demands put forward by the GMOA are: • Vascular surgical facilities be provided to the Anuradhapura Hospital and unsatisfactory surgical theatre situation at the hospital be remedied forthwith to ensure sterility in them. • Irregular deferment of transfer of doctors by the PDHS be stopped. In addition to these two, the GMOA also demanded an apology from the PDHS to the doctors of the Anuradhapura Hospital for what they called "his conduct at the meeting with the GMOA representatives last Wednesday". According to the GMOA spokesman, seriously wounded soldiers are directly brought to the Anuradhapura hospital as it is the closest to the battle front. "It has been found that blood vessels carrying blood to the peripheral areas of the bodies of 90% of wounded soldiers have been affected resulting in the disruption of blood supply to the peripheries. "To prevent probable death, these broken vessels have to be medically attended to at least within an hour by means of a vascular surgery before other surgeries are performed. Unless this surgery is conducted the injured will either succumb or he lead to the amputation of his limbs," the spokesman said. "Many soldiers", he further said, "lose their limbs or breathe their last while being air-lifted to Colombo due to non-availability of vascular surgical facilities in Anuradhapura,". The limbs and lives of many soldiers could be saved if the hospital is provided with this facility. In addition they claimed that the condition of surgical theatres were also bad with some of the doors broken and the floor damaged resulting inadequate sterility conducive for surgeries, the GMOA spokesman claimed. "Further, several transfers of doctors which were ordered by the Ministry with the approval of the Public Services Commission have been arbitrarily deferred upsetting the health care services in peripheral and borderline villages," he alleged. The GMOA, according to the spokesman, resorted to the present trade union action as the authorities had paid no heed to their representations and agitation made in this regard. In accordance with the GMOA’s warning, it was scheduled to start the indefinite strike action today but as the Director General of Health Services Dr. V. Jeganathan was to visit the hospital and have a meeting with the PDHS and GMOA, it was decided on Sunday night to launch the strike from yesterday morning. War at crucial stage, give
full support to soldiers, says Defence Sec. The war in Sri Lanka is in a crucial stage, and we should extend our fullest support to the soldiers in the warfront, Chandrananda de Silva, Secretary to the Ministry of Defense, said. He was speaking at a ceremony to mark the Air Force passing out parade in Diyatalawa on Saturday. During the parade the 33rd Intake of Officer Cadets were ceremonially commissioned. The passing out parade was of the 35th Officer Cadet Course and the 87th Recruit Course. Mr. de Silva was the chief guest on the occasion. He said that it was a great achievement as citizens of Sri Lanka to go through the tough and excellent training given by the armed forces. He also thanked the parents of the commissioned officers and airmen. It is important for the armed forces to maintain a well balanced view of the law, military requirements and human rights. The training and discipline of the personnel were effectively reflected in the parade, he noted. The Officer Cadets who are from the No. 33 Intake Cadet Course did their initial combat course at Sri Lanka Air Force Diyatalawa from January 21, 1997 to June 26, 1997. The Officer Cadets of the GD/P Branch of the same intake were sent for their basic flying training while the other cadets continued with the Basic Administration Course at Diyatalawa. GD/P Cadets who completed flying training were attached to the flying formations for their advanced flying training. The cadets who completed the Basic Administration Course at Sri Lanka Air Force Diyatalawa completed their Technical/Signal, Technical Engineering Branch Training and Regiment Cadets branch training at the Air Force bases of Anuradapura, Ekala and Diyatalawa, respectively. The Officer Cadets of the 33rd Intake who had their training for 18 months were commissioned in the rank of Pilot Officer during the parade. The 35th Intake Officer Cadets passed out as trained servicemen after a period of 22 weeks of intensive training. To achieve the aim of the course the intake had been given training in drill, weapons, field craft, tactics, map reading, fire fighting, jungle exercises, Air Force law, Air Force administration, human rights, first aid and Officer responsibilities. In addition to this they were given a knowledge on command and leadership, English and the History of Sri Lanka. The 87th Recruit Course had been in basic ground combat training for a period of 20 weeks. The intake had to train both in the classroom and out in the field. After the parade the recruits will go on for further training in their respective fields. Present during the parade were the Commander of the Air Force, Air Marshal Jayalath Weerakkody. Commander of the Army, Lft. Gen. Rohan Daluwatte, 53rd Division GOC Maj. Gen. Neil Dias, Director Training Air Commodore, Sunil Weerasinghe, and the Commanding Officer of the Air Force in Diyatalawa Wing Commander Asoka Samarabandu. Chandrika Kumaratunga criminal
defamation suit The application by ‘Sunday Leader’ Editor Lasantha Wickrematunge, the first accused in President Chandrika Bandaranaike Kumaratunga criminal defamation suit to testify in English and to maintain his testimony in the English language was allowed by Colombo High Court Judge Titus Cooray yesterday. Earlier Senior Defence Counsel S. L. Gunasekera made the application on behalf of the accused editor. State Counsel Vasantha Navaratne objected to the application and submitted that the accused could testify in English but the records of the proceedings could not be maintained in English. They had to be maintained in the official language, Sinhala, Bandara argued that under Article 14 (1) of the Constitution, the official language shall be the language of the Courts throughout Sri Lanka and accordingly their records and proceedings shall be in the official language. English not being an official language, the evidence of the first accused could not be recorded in English. Gunasekara argued that the then Minister of Justice had issued a direction that in any court other than the Supreme Court and Court of Appeal, a language other than a national language may be used for any purpose in any case in which the conduct of the proceedings in a national language might be prejudicial to a proper adjudication of any matter in such proceedings. In the aforesaid circumstances the minister has by the said directions, permitted the use of English "for any purpose". This term "any purpose" clearly includes the purpose of recording evidence. The criminal defamation charges against the Editor are based upon the publication in the English language which is alleged to be defamatory of the virtual complainant. Gunasekara submitted that it was indisputable that the nuances of the English language could best be expressed in the English language and no other. The first accused genuinely believed that he would be unable to adequately explain his understanding of the meanings of the words published in the Sin-hala language and it would be grossly prejudicial to the defence, Gunasekera said. High Court directed the Registrar to contact the Judicial Service Commission and make two English stenographers available on the next date. The case was put off for October 6. State Counsel Vasantha Navaratne Bandara prosecuted. S. L. Gunasekera, Hemantha Warnakulasuriya, Upul Jayasuriya, Ronald Perera, Manohara de Silva, Maithri Gunaratne and Indra Ladduwahetty appeared for the defence. President’s Counsel Anil Obeysekara with A. W. Yosoof and Champany Padmasekera watched the interest of the aggrieved party. Govt. will ultimately be on
the side of the employers Workers in this part of the world are a most "backward and neglected" lot who have to fight against both employers and the government, said Livestock Development and Estate Infrastructure Minister, S. Thondaman yesterday. Trade unions, therefore, have to be strong yet careful enough to tackle both the government and face employers, he said, adding that if they overdo it, they will have the Essential Services order clamped down on them. "Whether willingly or unwillingly the government is on the side of the employers", he stressed . The Minister was addressing the inauguration ceremony of a six day seminar organised by the National Workers’ Congress in association with the SAARC sub-regional secretariat, Colombo, and sponsored by the Belgium based World Solidarity Movement. The seminar, presently being conducted at the Hotel Galadari, revolves around the theme of "The Impact of Globalisation on the SAARC Workforce - Struggle to Change". Participants include representatives from India, Bangladesh, Pakistan, Maldives and Sri Lanka. Resolutions passed at the seminar will be sent to Heads of States and the Ministers of Labour of member countries. Minister Thondaman noted that he was addressing the gathering in the capacity of both Minister and a veteran trade unionist. Thus, he could quote from his experiences holding both positions. He pointed out that the Ceylon Workers’ Congress under his leadership organised two strikes within the past 18 months and achieved the required results. However, the stronger postal trade union struck work and were forced to face the Essential Services Order. The trade unions must know how to fight, he advised. "One must also be tactful while being strong and united, " . "The government is with both sides. Unfortunately, the employer is so strong, the government accepts them"., he said. The trend these days is to emphasise regional cooperation. "However, we have been slow in organising regional cooperation", he opined. He said that a major setback in regional cooperation with particular reference to SAARC was that the trade unions were not consulted in any matters of importance. He stressed the importance of having trade union representation. Labour Minister, W. D. J. Seneviratne, who was chief guest at the inauguration pointed out that in this age of privatisation and trade liberalisation, competition and development aggression, there is "bound to be a vast disparity in incomes with the consequent social, political and economic transformations". "The besetting sin of our times is man’s inhumanity towards man,". In spite of an integrated economy, trade and financial system, the core values of worth and dignity of the human being - a vital component in the process of production - has been neglected or unashamedly pushed to the background". he said. Minister Seneviratne noted that while it was important for the participants of the seminar to arrive at conclusions and consensus, it is essential for them to formulate a meaningful action-oriented programme which should be implemented for the benefit of the regional peoples. He congratulated the National Workers’ Congress for the "long years of silent and dedicated work on behalf of the workers - employed and unemployed, the children and the marginalised". International Labour Organisation director, Colombo, Shizue Tomoda, Commissioner of Labour, R. P. Wimalasena, and organiser of the seminar, Walter Fernando, also addressed the gathering. A message from Prime Minister Sirimavo Bandaranaike offering her best wishes and commending the organisers on the relevance of the seminar was read out by National Workers’ Congress President, Mrs. M. Rajahmoney. The seminar is the first of its type organised after the World Confederation of Labour (Belgium), the Brotherhood of Asian Trade Unionists (Philippines) and the World Solidarity Movement (Belgium) decided to open up the SAARC sub regional secretariat in Colombo from January this year. Malpractice probe Witness under cross examination W. K. B. Weragama, present General Manager Railways, said although the State Engineering Corporation had confirmed their willingness to take over the sleeper factory, no discussions took place between the Chairman of SEC and himself, regarding certain terms and conditions in connection to this matter. This was said while giving evidence before the Special Presidential Commission of Inquiry appointed to inquire into alleged malpractices in public bodies. The Commission comprises Justice Priyantha Perera, Judge of the Supreme Court as Chairman and Justices Hector Yapa and Ninian Jayasuriya, Judges of the Court of Appeal. Former GMR P. W. A. K. Silva is the party noticed in the inquiry. Mr. Silva who served as GMR from 1991-1994 was accused of misuse of power during his term of office. He has been required to show cause as to why he should not be found guilty of misuse of power for certain acts in respect to transactions related to the establishment and functioning of a concrete sleeper manufacturing plant by John Holland International Ltd. of Australia. Ranjith Abeysuriya P.C. with Ms. Priyadarshani Dias appeared for the party noticed. Additional Solicitor General Saleem Marsoof P. C. with Ajith Wickramaratne, State Counsel assisted the commission. S. K. P. Bambarande is the secretary to the commission. Commission resumed proceedings at the BMICH last Saturday (18). Witness said that throughout giving evidence he held the position that there was an understanding between the GMR, Tissa Gunasekera and himself that the Railway would take over the running of the concrete sleeper factory at the end of the John Holland contract (end of ’95). Ranjith Abeysuriya: Did you suggest to the GMR that he should convey that understanding to the Secretary, Ministry of Transport and to put it down in writing? -- No. It would have been improper for me to tell my superior how to do his job. Q: Did you ask the GMR if the Secretary understood the Railway’s position ? -- No Q: Did you tell the GMR to inform Minister of Transport, Srimani Athulathmudali, in writing? -- No Chairman: In fairness to this witness, the GMR would not have liked any interference from his subordinate officers. During the course of the proceedings witness said the first time he became aware of the fact that the SEC was being considered to take over production, was when the GMR had requested for arrangements to be made for officials of SEC to tour the factory. The request was made through document dated September 27, ’95. Q: I am suggesting to you that at the end of September ’95, you could not have known that a firm decision had been taken to hand over the project to the SEC. Your understanding must have been that the Cabinet wished that the matter be looked into. Chairman: What was your understanding? -- My understanding at the end of September ’95 was that there was a possibility of the SEC taking over. Q: That possibility arose as a result of the Cabinet having requested the feasibility of the SEC taking over be examined ? -- Yes. Justice Jayasuriya: Was there a team of advisors to the Minister of Housing and Construction and was a prominent member of the SEC a part of that team ? -- It was to the Minister of Transport and the Chairman of the SEC was one of the advisors. Q: In the main contract as well as in each of the three annendums it was stated that the Railway would be taking over the factory after the stipulated time period ? -- Yes. Q: When you heard of the possibility of the SEC being entrusted with the project, did you not think it was necessary to inform the Minister, that the Railway was in a position to take over the factory ? -- No. At this point, Justice Priyantha Perera pointed out to counsel for the party noticed that the witness’s position throughout giving evidence had been that he had done his job and thereafter it was the GMR’s duty to inform the Minister. The Chairman added that the Commission would decide whether to accept the witness’s oral evidence in the absence of documents in due time. Witness was thereafter referred to document R24 stating the decisions taken at a meeting held on October 27. The witness, the GMR and several high officials of the SEC participated in the meeting. Q: Does the document indicate that you mentioned anything about the Railway’s ability to take over the factory at the time SEC expressed their willingness to take over production of the sleepers ? -- No, because I was not opposed to the SEC taking over as they were specialists in the production of concrete sleepers Q: I am suggesting to you that you had no alternative, other than to let the SEC take over, because you had not taken any steps to be in a position to take over the factory ? -- I had taken steps. Witness reiterated his position as to why he did not oppose the SEC taking over the factory. Q: R24 was referred to you by the letter dated November 21 signed by the GMR for an update to be provided on the decisions taken? -- Yes Q: You were requested to provide your observations in time for a Secretaries meeting that was scheduled at 2 p.m. the same day? -- Yes Q: You knew your update was going to be the basis of what your Head of Department would be informing the Secretaries? -- Yes Q: In your observation, in regard to paragraph one of R24, you state that the ‘SEC has not had any negotiations or submitted a report in this connection?’ -- Yes Q: That was in reference to the statement made on October 27, when the SEC confirmed their willingness to take over the production facilities and to produce and supply sleepers according to specifications ? -- Yes Q: You heard in your presence the Chairman of SEC confirm his willingness to take over the factory? -- I agree to the fact that they confirmed their willingness, but thereafter there were no negotiations. Chairman: In other words what you are saying is that although the SEC confirmed their willingness to take over the factory on October 27 meeting, until November 21 nothing had happened with regard to pursuing that by way of negotiations or by a report? -- Yes. Witness explained that Item Eight of R24 states that the General Manager of SEC, Gemunu Silva and the Chief Engineer Way and Works, Weragama would immediately open discussions with a view to agree on a set of draft terms and conditions to cover the sales agreement between the Railway and SEC. Witness said that in his reply he sated that he ‘ understands that the SEC has given material required to prepare a Cabinet Paper’ and that indicates that he had not had any discussions with the Chairman of SEC on this subject. Witness added that the discussions took place between the Chairman and Vithanage. Commission is proceeding. SLBFE employees gives
Minister ultimatum The employees of the Sri Lanka Bureau of Foreign Employment (SLBFE) last Friday presented a petition to Labour Minister W. D. J. Seneviratne demanding the removal of a director of the SLBFE board. The petitioners have given the Minister time till July 30 to accede to their demand and have warned of "strong trade union action" in the event that it is not complied with. The petition has been signed by 245 employees and cites a number of reasons for their demand. The director in question was appointed to the board by Minister Seneviratne when the board was reconstituted last year and holds a key position in the Association of Licensed Foreign Employment Agencies (ALFEA). Copies of the petition has been forwarded to President Chandrika Kumaratunga, Deputy Minister of Labour and the Chairman of the SLBFE. The employees say that certain "unwarranted" activities of the director are a hindrance and a threat to the smooth functioning of the bureau. A spokesman for the unions spearheading the petition said that one of the primary reasons for their opposing the director in question was that he "harboured a grudge against SLBFE employees and was working against them". They allege that he is intent on having special employee allowances and facilities removed. Explaining the history of the hostilities, he pointed out that the director (then not holding this designation) had been against the implementation of an employment contract that was introduced to ensure the greater welfare of Sri Lankan housemaids. The contract was introduced by former SLBFE chairman, Col. Nissanka Wijeratne, in 1995. The director organised a one-week-long picketing campaign in front of the SLBFE opposing the contract and also demanding the removal of Col. Wijeratne. However, the employees of the bureau counteracted this action by holding a one-day picketing campaign, pointing out in turn that the contract would fortify the position of our housemaids abroad. (The contract was subsequently adopted this year though in a more diluted form). The petitioners have alleged that because of the success of their campaign, the director has harboured a grudge against them. The petition lists out several examples of the director’s alleged campaign against the employees of the SLBFE. Madina Medical Centre in Faizalabad, Pakistan, will send a medical team to work in collaboration with Sri Lanka Eye Donation Society and Nugegoda Midtown Lions Club. The eye camp to be held in Colombo has been timed to coincide with the Heads of State Summit (SAARC) to be held in Colombo at the end of July. Pakistani eye surgeons will examine and treat free of charge patients on July 27, 28, and 29 at the Eye Bank. |
|||
 |
|||