The Hon. Harshana Nanayakkara, Attorney-at-Law - Minister of Justice and National Integration

¶ 01 Hon. Presiding Member, we are debating the Local Authorities Elections (Special Provisions) Bill. Its preamble states this is to provide for calling fresh nominations and for holding elections in respect of certain local authorities where polls were called and then postponed, and for connected matters.

¶ 02 Why has our Government brought this Bill? Because the local election due in March 2023 was unlawfully postponed by the Ranil–Rajapaksa Government. The NPP, as a party and movement, has always stood for fundamental rights. When the election was postponed, we filed petitions and took to the streets. Any Government that tries to deprive people’s rights—we stand against it.

¶ 03 Ranil is an appointed President—he did not win an election; he came in through the back door after Gotabaya fled during the aragalaya. He acted unlawfully to derail local elections and the democratic roadmap. The Supreme Court, considering the petitions, held that the acts and omissions of H.E. the President, also Minister of Finance, resulted in the infringement of fundamental rights under Articles 12(1) and 14(1)(a) due to arbitrary and unlawful conduct.

¶ 04 Yet, the operative orders came in 2024. Meanwhile, the governance structure closest to the people remained inactive.

¶ 05 Delaying local polls is not new. In Hajiar Muhammad and Others v. Election Commission of Sri Lanka and Others, the Supreme Court noted the importance of local authorities: they regulate and administer matters of public health, utilities, thoroughfares, and generally protect comfort, convenience and welfare—covering “from the cradle to the grave.” By delaying elections, people are deprived of representatives to address grievances and welfare.

¶ 06 People come to us on public days about street lights not working, blocked drains, uncollected garbage, maternity clinics not functioning properly, burial ground issues, and sports ground issues—no one is responsible in the village. While Commissioners now run structures, there is no elected Member accountable to the village. Thus, by postponement, the closest mechanism to solve people’s urgent issues has not functioned for years.

¶ 07 The Supreme Court said hold the election as early as possible. But they claimed no funds. Election officials even hid in fear. The judges who delivered the decision were then targeted for alleged breach of privilege in Parliament—many such excesses occurred, as Minister Wasantha Samarasinghe explained. All these show the harm caused by delaying these polls.

¶ 08 We also had to conduct the Presidential Election and then prepare for a General Election as per timelines. We bring this Bill because nomination periods closed in January 2023, and new voters were enrolled in 2024. To prevent depriving people of both the right to vote and the right to be elected, we must call fresh nominations. Justice Arjuna Obeysekera, in reviewing constitutionality, affirmed Article 25 of the ICCPR forms an essential part of freedom of expression under Article 14(1)(a), including the right to be elected—the right to contest.

¶ 09 Therefore, we protect, via this Bill, the rights of those on the 2024 register to vote and to contest. After the 2022 aragalaya, people’s thinking has changed; the Opposition seems unaware. This Bill allows withdrawing old nominations and submitting new ones—everyone at the Party Leaders’ meeting agreed it is necessary. The Supreme Court, however, held it must be passed with a special majority.

¶ 10 Some Members cited weaknesses—like 8,000 Members being too many. I agree laws evolve; there is no perfect law. Sensible amendments can be brought. But should we delay the election to do these? No. A Government like ours, committed to democratic rights, will not postpone any election. The poll will be held at the earliest possible date decided by the Commission.

¶ 11 Concerns about O/L exams and such—our political culture has changed. The Commission and we act responsibly so no one is inconvenienced; we showed that in recent polls: after winning the Presidential Election, we did not persecute opponents or abuse state resources; we then faced the General Election while in office without misusing power. Therefore, calls for a “fair election” surprise us; we have been most fair in recent history.

¶ 12 On alleged intimidation and interference raised today by Hon. Namal Rajapaksa: I do not know whether he spoke about this year or 2009–2015. In that period, everything he alleged did happen. Ask Shirani Bandaranayake or Sarath Fonseka. I will not name others as investigations are ongoing. Investigation under the rule of law, with indictments only if evidence suffices—that is due process.

¶ 13 As for the “Krrish case,” if I am not mistaken—and unless I am wrong—indictments against Hon. Namal Rajapaksa should be served tomorrow. Yoshitha Rajapaksa and another should also be noticed. That may explain the heat in his speech—not intimidation.

¶ 14 In sum, this Bill creates the framework to hold local elections at the earliest and let people quickly appoint their representatives. On complaints about lack of time to prepare, learn from the NPP: we do not rush to villages only during election time; we work with people every day, so there is less rush when elections come. Thank you.