Submissions for PAFFREL discussion on Local Authorities Elections Acts reforms

1. Supreme Court Decisions

It will be necessary to validate whether these Acts in the Bill stage were challenged before the Supreme Court and if so to validate whether any directions (if made) by the Supreme Court have been duly incorporated?

2. Establishment of a National Delimitation Committee – Section 3A – Pages 1/2 It is necessary to verify:

a. Whether this provision is in line with and support and expand on the recommendations contained in the recommendations made by the Lessons Learnt and Reconciliation Commission?

b. That this provision does not undermine nor adopt a framework that is inconsistent with the National Delimitation Commission linked to Parliamentary/Provincial Council elections and the work of District Delimitation Committees appointed in terms of Section 3 E?

c. Whether the provisions of the Divi Neguma Act having power to adopt via delimitation new administrative areas for development will give rise to inconsistencies?

d.Whether the power of the appointments to the Delimitation Committee must vest with the Minister of the Central Government or be by a Constitutional Council?

e. Whether the profile of the candidates for appointment to ensure they are representative and are fit and proper, independent and capable persons?

3. The Mandate of the National Committee & the Reports to be submitted – Section 3B – Pages 2/3

With the Section 3B (2) reading as –“The National Committee shall, in making its recommendation for the division of a local authority area in to ward, take into consideration;-(a) the ratio of ethnic composition of the local authority area are concerned, and the need to ensure representation on the basis of ethnic ratio; ( b) the geographical area of the local authority and its physical features;(c) the population of the local authority area and the density of such population; and (d) the level of economic development of the local authority area and (3) where the National Committee is of the view that having taken in to consideration the requirements specified in subsection (2), it is appropriate to create a ward which shall be entitled to return more than one member, the National Committee Shall be entitled return more than one member, the National Committee shall recommend the creation of a multi member ward or wards, as the case may be, for any local authority area.”

It is best that the following issues and concerns be reviewed:

a. Whether the intentions of the section, that as a result of the delimitation exercise, there will eventually result in members elected to the local authority representing the ratio of ethnic composition of the local authority area or whether the wording as presently stated will give rise to a delimitation exercise that will conform to the letter of the statute but not its intent and always favour the majority ethnic proportion representatives in the local authority being elected?

b. Should the report of the Delimitation Committee be required to disclose with complete transparency showing the overall rationale of the exercise, basis of demarcations, and justification in terms of satisfying both the spirit and intent as specified and the compliance with the stated statute?

c.Should there not be a compelling provision for the Delimitation Committee to be involved in a consultative process with the respective populations of the local authority and wards concerned in making their recommendations

d. Should there not be a specific requirement that the draft of the report of the Delimitation Committee be made available with transparency and publicly for a specified period for public and party representatives to review, critique and comment?

4. Minister to Alter the Boundaries of any Ward Section 3D (1) and (2) – Page 4

The power vested in the Minister to alter at will and without due justification and authority of the other Branches of Governance, the boundaries as determined by the Delimitation Committee goes against the principles of good governance and transparency. These alterations being recommended by a Committee appointed by the Minister, where the acceptable profile of members so appointed and their independence and representativeness are not assured could lead to bad governance.

5. Amendment to Section 9 of the Principal Enactment Section 7 Pages 6/7/8

The subsection (2) of the section reading as “(i) is serving or has during the period of seven years immediately preceding, completed serving a sentence of imprisonment for an offence punishable with imprisonment for a term exceeding twelve months or is under a sentence of death or is serving or has during the period of seven years immediately preceding, completed serving a sentence of imprisonment awarded in lieu of execution of death: or; and”



It is essential to verify that:

a. The seven year period mentioned hereinbefore will not permit unacceptable persons to enter and get elected to office and such persons should, especially if convicted and sentenced for offences connected with moral turpitude, bribery, criminal offences and offences against public interest, rape, abuse of women, child molestation etc as well as election offences are denied the option of being nominated for election

b. Any person so convicted, even if released on a Presidential pardon are   denied the option of being nominated for election



6. Amendment of Section 12A of the principal Act Section 9 – Page 10

There is a need to validate how the impact of the Divi Neguma Bill allowing alterations of the administrative limits of a local authority and pradeshiya sabha will impact in view of this section?



7. Women and Youth Representation – Section 22 (4) 2B – Page 15

The statute as now adopted only indicates the desirability of 25% of the names of candidates nominated by a party or independent group may be made up of women and youth. This does not satisfy the demands for increased representation of women and youth nor meet the recommendations of the Youth Commission and the need for women’s empowerment and bringing a new phase of good governance based on the active participation of women. This should be made a mandatory and binding and can be provided for by requiring;

a. The balance quota places being filled via candidates selected from those elected under the first past the post nominations or

b. The balance quota places being filled via candidates selected from those elected under a separate list of women and youth voted in by voters being given a second vote to chose candidates from such separate list.



8. Declaration of Assets and Liabilities – Section 22 (7) – Page 16

Any elected member failing to duly submit the declaration of Assets and Liabilities within the stipulated period must ipso facto lose their rights and benefits of the elected office and disqualified from any future nomination to an elected office



9. Candidates entitled to be returned to represent electors who have not secured any representation – Section 46 – Pages 32-35

The provisions governing those candidates to be elected under the Proportional Representation System to represent electors who have not secured any representation, should not be with reference to a separate list filed by the Party or Independent groups, but deemed elected according to those who have secured the highest number of percentage votes in the authority by votes cast in their favour when contesting under the first past the post elections.



10. The Election of the Mayor, Deputy Mayor and Leader of Opposition

The election of the Mayor, Deputy Mayor and Leader of Opposition should be by the government group and opposition and be those having the highest endorsement by a voting of such groups in a secret ballot.



11. Composition of Municipal Councils, Urban Councils and Pradeshiya Sabhas

The Number of persons elected first past the post and proportional representation should be in the proportion of 65;35 as mathematically justified by Late Justice Mark Fernando



12. Declarations of Interests, Declaration of Due Compliance with all Statutory Obligations, Code of Ethics and Declaration of Gifts

All members of local authorities must annually, within three months from the completion of successive holding of Office for 12 month period, be required to file before the Commissioner of Elections a declaration of interests, a declaration of due compliance of with all statutory Obligations and not being subjected to any disqualifications that disentitle holding of Office, declaration of due compliance with the applicable Code of Ethics and Conduct and a statement of gifts and ex-gratia payments and benefits. The Non submission of these declarations will result in the members concerned ipso facto loosing the rights and benefits of elected office



13. Cross Over

Any member elected from a party or an independent group who cross over will be required to seek a fresh mandate if elected first past post or if a member elected by proportional representation be deemed to have vacated office and his position filled by the next highest proportional share of votes won candidate of the party or independent group.



14. Primary Qualifications and Disqualifications

The statute must clearly state the minimum qualifications and also disqualifications for any person to be nominated to be elected and if such position is changed during the period such person remains an elected member and challenged successfully in a court of law such person so elected should be declared to have vacated such office



15. Recall of Members

The Paffrel recommendation for provisions for recall of members by a majority vote should not be embodied as a part of the statute





(The writer is a good governance activist and former Chairman of the Ceylon Chamber of Commerce.)