The Supreme Court judgment given on 8th October 2008, re-vesting a 224 acre land in the UDA, (which originally belonged to the UDA, and was later, vested in Asia Golf Company by the former President, on a corrupt deal), could be considered as a watershed judgment with historic importance, which has a great impact on the prevailing political system of the country.
The presidential system created by President J.R. Jayewardene had left adequate room for the ruler and the ruling party, to plunder public property. In short, the struggle for political power has become a ruthless struggle for the right to plunder public property. It appears that the principle adopted by Napoleon in respect of his soldiers during the times of war, operates in a similar manner, in the political power struggle in Sri Lanka.
The political system created by J.R. Jayewardene for winning or seizing power, had become a complex and expensive process.
The value attributed to different categories of people who were actively involved in the political programme, implemented for winning or capturing power, is not the same. Each one has a different price. Depending on the value fixed for various people, they could be classified in to different groups as follows.
1) The inner circle of the party leader.
2) Businessmen who maintain a party leader economically.
3) Front line supporters close to the party leader.
4) Businessmen who support the group who are close to the party leader.
5) Next group of party supporters, depending on their ranks.
6) Businessmen who extend their nominal support to the party.
7) General public who cast their vote for the party.
All these supporters are adequately remunerated at the cost of public money, when the party is elected to power. There is a unique system operating within this process, to reward them, according to their classified rank and the quantum of work done. The group that consists of the most trustworthy and the closest supporters of the leader are appointed to the key posts (financially lucrative) in the Cabinet or other important positions. The other political vacancies are filled with the rest of the supporters indicated above, depending on their rank. All those who are appointed to various positions, apart from salary and allowances, get the opportunity to earn additional income by misusing the powers vested in them.
The businessmen, who provided the financial support to political parties (generally 99% will fund all major parties) in their struggle for power, constitute the most fortunate group. They get the lion’s share when government funds are spent in the implementation of the political programme. Among those businessmen, again, the most fortunate will be those, who had looked after the needs and the interests of the head of the state, when he or she was out of power. They get the first opportunity to bid, when government properties are sold for a song. In addition, they are the ones who get priority in all other economic transactions.
Ronnie Pieris, who was involved in the controversial Golf Project, connected to this trail, was the person who supported Mrs. Chandrika Kumaratunga, providing her board and lodging, when she was in the UK for security reasons, after her husband was assassinated. The price he earned for his hospitality, after Mrs. Chandrika Kumaratunga came to power, was exorbitant. President Kumaratunga created the now infamous Waters Edge golf project, with Ronnie Pieris in mind. The amount of money that he earned as the middleman of this project amounts to Rs. 57 Million (this is the amount declared to the Department of Inland Revenue and not necessarily the actual amount earned).
This is the income he earned from one single transaction. He may have undertaken several hundred transactions during this period. He also earned a large income, working as the middleman of the Colombo –Katunayake highway project which was never completed. He may have got about two or three licences for radio and television transmissions. He was the first proprietor of Hiru FM and Sun FM radio channels. He earned a vast sum of money by selling radio and TV transmission licences which he obtained for a nominal price. I wish to cite one example to give an idea about the price at which the transmission licenses are sold in the market. During the latter part of the Chandrika regime, the head of the Telecommunication Commission, had obtained a transmission licence in his name. Before he left this post, he sold this licence to Dialog for a sum of US $ 5 million (Rs.500 million). Mrs. Chandrika Kumaranatunga, too, had obtained transmission licences under the names of various people, for her benefit.
I wish to give one more example to illustrate the arbitrary and abusive nature of certain transactions made by the former President. Kumaratunga had a masseur (massage therapist), who is an Australian national. He (Mike Chomley) was given a block of land by Kumaratunga at Lake Drive, Rajagiriya, consisting of 175 perches on a long lease. If, the market price of lands in this locality, is taken as Rs.2 million per perch, the value of this land which was given on a nominal lease, will amount to Rs. 350 million.
Under the corrupt political system that prevails in the country, a mechanism had developed to pay ransoms from public property, not only to the supporters of politicians, but also, to the men and women who are on intimate terms with them. The book I wrote recently, exposing the impropriety of various transactions and fraudulent activities carried out by Chandrika Kumaratunga was given the title “Chaura Rajina” (The Queen of Deceit). I am happy that the Supreme Court has endorsed the consecration that I made on her as a Queen of Deceit.
The Supreme Court in this instance has probed into only one fraudulent deal transacted during Kumaratunga’s regime. The most outstanding element of this judgment is the direction given to the Commission of Bribery and Corruption to further investigate into this matter, rather than stopping at declaring that the said transaction was corrupt and imposing a fine of Rs. 3 million on her.
There is a probability, that she may be the first President of Sri Lanka, likely to be imprisoned for corrupt practices. The judgment states that she violated the principle of safeguarding the public trust placed in her. And the fine was imposed as a symbol of the massive damage caused by this corrupt transaction which was conducted abusing the executive and administrative powers vested in her.
This is only one corrupt transaction, that has witnessed justice being done, that took place, with her knowledge. It is likely that almost all transactions that were implemented during her time will be proved more or less corrupt, if they are subjected to investigation. However, I must emphasise that, this is not an element which was inherent only in the Chandrika regime. It was a common feature, inherent in all regimes that came to power after 1977. In my opinion, this is more a fault in the system itself than a fault of a particular individual.
The price that the country has to pay, in maintaining this corrupt political system, has become an unbearable burden. Under this system, a large portion of monies that should go to the country’s coffers is siphoned off to the hands of political cronies. Though the country has adequate income to provide for common facilities as education, health, passenger transport, electricity and water supply at an optimum level, a vast portion of it goes for the payment of ransoms and maintenance of the political system (the annual cost of which could be as much as the annual expenses of the country) which is corrupt, sadistic and parasitic, thereby, plunging Sri Lanka into a state of failure. Although, it is possible to maintain an efficient administration with a relatively small cabinet of ministers, the political system in operation, has compelled the ruler to maintain a system that gives positions to all members of the ruling party. Any political system, that empowers the ruler and the ruling party to plunder public property, cannot be wholesome or efficient.
This corrupt political system pushes politicians and public servants also to be corrupt. However, we must not forget that, it was possible for the same politicians who were noted for corruption under the prevailing system, to serve as honest politicians under a different political system which was transparent and accountable to the people.
The principle of safeguarding public trust, established by this judgment is extremely important. The ruler is not the owner of public property; he or she is only a temporary custodian of it. The ruler has been entrusted with it on account of public confidence placed on him. It is both the duty and responsibility of the ruler, to maintain such public property, effectively, efficiently and safely. Acting in violation of this responsibility, amounts not only to a breach of public trust but also to a violation of the Constitution of the country, which is a punishable offence.
But the question will arise as to whether such a liberal concept of law could prevail concurrently, with a semi despotic Constitution.
On account of this judgment, future presidents will have to think twice, before they make decisions, despite the unlimited powers vested in them by the Constitution. If this judgment will serve to prompt self-reflection that what happened to Chandrika Kumaratunga can happen to others too, then the benefit that it accrues to the country will be immense. Viewed from a broader perspective, this judgment justifies the demand for a change in a political system that is completely and totally corrupt.