luwie niranjan Profile picture
Oct 31, 2018 14 tweets 4 min read Read on X
@RajapaksaNamal I can't speak for the international community but #lka civil society opposed this tooth & nail by
A) challenged the 20th amendment that would have postponed elections through the Constituion. Yes SLPP lawyers also challenged it but the basis of the challenge + (1)
The case law that the SC relied on in "striking down" the 20A was built up by local CSO over decades. It was ironic to see SLPP lawyers who appeared for & argued in favour of the Divineguma Bill use justice Shirani B's SC determination on that Bill to oppose the 20A (2)
I am sure you remember what happens to Justice Shirani B for delivering that Special Determination on Divineguma noh? (3)
B) When MS+RW government pulled a dirty trick & passed the PC election act. Local CSOs criticised it en mass, including by issuing statements & educating citizens & media. It was raised in news almost on a weekly basis during 2017. (4)
Will also point out that local CSO were the only ones to refer to the structural flaws in the Constitution that allowed MS & RW to do this. We pushed for constitutional reform.SLPP sabotaged con reform (to use the same loophole when u r in government like u did in the past?) (5)
C) When MS through Faizer Mustapha pulled dirty trick after trick to delay local elections including through courts local CSO challenged him. Directly at meetings & some in Courts too (6)
D) After the local authority elections when the UNP & SLFP were trying to delay PC elections through pointing out the "problems" in thr new election system it was local CSOs that came up with solutions that could be implemented quickly to fix the problems. (7)
The report has been public for months, have you even looked at it? Have you even looked at legal tricks used by MS + Faizer Mustapha to delay elections? (8)
E) The SLPP went to Court to challenge the PC election amendment act of 2017. Not many local civil society did. Why? because it was a bad case based on the precedent set by Sarath Silva CJ & de facto Mohan Peiris. They insulated parliament to help your dad & CBK (9)
Those judgments & how they interpreted the Constituion didn't give a chance to succeed. As citizen Silva found out when he went to Court & had his own judgements thrown back at him. Local CSOs have very limited money to go to Court & can't waste it.(10)
F) It was local CSO who were responsible for engaging Members of Provincial Councils to tell them what the new election system was & wasn't. This included PC members from the SLPP/ JO. Political parties did nothing to educate their own grass roots members about the system (11)
In fact political parties did nothing to even educate their own Members of Parliament. Many of who had little to no understanding of how the law they passed/ opposed actually worked (12)
G) When Parliament was putting off deciding on the delimitation commission report, local CSOs were there lobbying to expidite the process. We met with members of the JO including MPs Dallas A, Vasudewa N & Dinesh G. All of whom to their credit worked with us (13)
Please go ask them what local CSO did to try to get elections. All this was done not help you or MS or RW. It was done to protect the franchise of #lka citizens & that's one reason we are opposing your dad's + MS #coupLK (14)

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More from @LuwieNiranjan

Sep 23
Since the PM has resigned the Cabinet of Ministers is dissolved.
So one of the ways President could have navigate the problems of appointing a new cabinet has been shut out. I tried to explain this option in a post last night (1/7)
But the PMs resignation might actually make things easier for the President to justify appointing an NPP member as PM. The Constitution requires that President @anuradisanayake will have to appoint an MP who in his opinion is likely to command the confidence of Parliament. (2/7)
This opinion is not subjective but has to be an objective one. But the political formation of Parliament is such that it is very tricky. With the turmoil in the SLPP in the past few months, it becomes very difficult to decide who has the confidence of the house (3/7)
Read 10 tweets
Sep 10
Under Sri Lankan law, the moment you get citizenship of another country, by operation of law, you lose your #lka citizenship. You don't need to inform anyone or fill a form, the loss of citizenship is automatic.
You can of course thereafter apply to become "a dual citizen". (1/4)
You cannot vote if you are not a citizen or a dual citizen (See Article 89 of the Constitution). If you do vote, then you are committing an offence (under election law) and also violating immigration law. You can be fined and imprisoned (2/4)
If you are an #lka citizen living / working in another country & want to come back to vote but your passport has expired, you can try to apply for a NMRP (Non- Machine Readable Passports) & Temporary Travel Documents from the closest consulate (3/4)immigration.gov.lk/pages_e.php?id…
Read 4 tweets
Feb 6
A (longish) thread about the Online Safety Act NOT including the amendments mandated by the Supreme Court in its Special Determination. I usually don't talk about cases i have appeared in, but this raises several interesting constitutional law issues #lka (1/17)
I 1st heard of the draft Bill thanks to @aselawaid sharing information about the cabinet decision, which said the Attorney General had given "clearance for the draft Bill"
The Bill was published (gazetted) on 18/9/2023 / (2/17)
documents.gov.lk/files/bill/202…
The Bill was tabled in Parliament & thereafter challenged by a large number of persons & organisations. The Court in its determination found that a number of clauses of the Bill were inconsistent with the constitution (3/17)newswire.lk/2023/11/15/fac…
Read 17 tweets
Aug 3, 2022
So the "New version" of the governments 22nd Amendment has been gazetted. The document is available at documents.gov.lk/files/bill/202… some initial comments & thoughts 1/
There aren't many changes from the previous version of the governments 22nd Amendment. A big problem is with the composition of the Constitutional Council, which has not changed from the last draft.This composition gives the gov control over the CC see 2/
Another big problem is that the President can retain the subject of Defence with him. The President can also assign any other subject and function to himself on the advice of the PM. So the President can exercise ministerial powers 3/
Read 10 tweets
Jun 30, 2022
The government's 22nd Amendment to the Constitution has been gazetted. It is bad. It is far weaker than any of the versions previously proposed by the Minister of Justice (even his own private members bill)
documents.gov.lk/files/bill/202… (1/11)
The Constitutional Council is sham. It gives the government control & is just a continuation of what is there under the 20th amendment. The government will have control of 7 of the 10 members when the President & government are from the same political party / coalition (2/
If the Constitutional Council is controlled by the government, then the "independent commissions" are no longer independent. So it doesn't matter how many new commissions you add. This is NOT what was there in the 19A (3/
Read 11 tweets
Oct 5, 2020
The Prime Minister's defence of the provisions of the 20th amendment sound like cleverly written legal arguments designed to deflect. A quick response to some of these arguments is important considering the coverage this press statement is getting (1/15)
First of all, what he said @sanjanah context is important & the PM's press release lacks that For more context read the statement by The Sri Lanka Audit Inspectors’ Association who are also challenging these provisions of 20A newswire.lk/2020/09/12/sl-… (2/15)
An clear theme of those defending the 20A in Court & outside is to down play the changes it is making. This is what the Attorney General is doing right now, this is the exact same thing the PM has done. If the changes proposed by the 20A are not consequential why do it? (3/15)
Read 15 tweets

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