| However, it creates
an opportunity for us to reflect on the broader questions of
rule of law and governance in our country and in our city.
Recent events clearly show that the public has little confidence
in the police as the state agency responsible for the enforcement
of the rule of law. In the past when a motor accident occurred
the public permitted the police to conduct investigations and
take appropriate action. Today, often, the bystanders take the
law into their own hands and dispense street justice to those
that they perceive were at fault. The reaction of the employees
of the Sri Lanka Rupavahini Corporation to the recent incident
that Minister Mervyn de Silva created can also be explained
along similar lines. At the time of this writing only one person
in Mr. de Silva's party had been taken into police custody.
This has further reinforced the public perception that the rule
of law no longer prevails in this country.
Such incidents taken in the context of recent Supreme Court
interventions on a variety of issues ranging from school admission
to the question of one-way traffic on Peradeniya Road and Gopallawa
Mawatha in Kandy raise a more fundamental issue of constitutional
governance. We are supposed to have three branches of government;
legislature, executive and the judiciary. The main function
of the legislature is to make law and exercise oversight over
the executive. The executive must govern the country in accordance
with the rule of law. The main job of the judiciary is the administration
of justice and act as the final arbiter in disputes between
the state and civil society.
In our view increasingly the above system of governance that
is so essential for a civilized and progressive society to function
is rapidly disintegrating in this country. Parliamentarians
pay little or no attention to law making. Every member in the
government party wants to be a minister and play a role in the
executive because that is where resources are available and
patronage politics could be practiced. Even opposition MPs fail
to effectively exercise their oversight functions. They also
love to get a slice of the decentralized budget to facilitate
patronage politics.
The job of the executive is to govern the country.
The public perception is that it fails to do a good job of it.
Hence the cheering that we hear when the takes on the job of
the executive and gives judgments on school admissions and the
like which clearly are functions of the executive. The fact
that an unelected branch of government is making such decisions
in a democracy is lost on the public that is plainly sick and
tired of the shenanigans of their elected officials. As a polity
that is committed to democracy we must reflect more deeply on
these developments.
Coming back to Kandy it would be interesting to review the performance
of the councilors past and present in terms of adherence to
the rule of law. If this city is administered with reasonable
respect, let alone strict adherence, to the rule of law we won't
see unauthorized buildings sprouting in all parts of the town
and the suburbs. Neither would we see illegal parking that contributes
to traffic congestion. Pavements will be clear of unauthorized
vendors. Misuse of KMC financial resources would be unheard
of. Kandy citizens would never have to pay a bribe to get something
done in the KMC. Some water consumers would not be allowed to
run massive unpaid water bills that are in effect a tax on those
who pay their bills on time. Rents from KMC buildings leased
out to private parties would be collected on due dates. Councilors
would not only avoid allocating to themselves and their close
relatives municipal shops but also return the shops that they
have got in that manner in the past. This list can go
on.
The point we make is simple. It would be nice for the municipal
councilors of all parties to get serious about their passion
to stick to the rule of law. If that happens the Kandy citizens
would believe that their elected representatives are sincere
about the rule of law and good governance. Just now their pretension
to adherence to the rule of law is mostly political expediency
and utter hypocrisy.
An Open letter to
His Excellency the President of Sri Lanka Your Excellency:
Kandy Traffic Chaos Please intervene before a bomb goes off!
Kandy can be a target of future
LTTE terrorist attacks. As you are aware, these attacks could
result in heavy casualties. I am writing to you in earnest as
a professional well versed in the management of the injured
for the last 28 years.
One of the biggest problems one faces in Kandy city is the traffic
chaos and road indiscipline. One has to wait for hours and burn
liters of fuel on clogged, narrow roadways. On an average weekday,
it may take minimum 45 minutes to travel from one end of this
small city to another. Day workers, schoolchildren, and car
drivers waste hours on the road to travel a mere 4 to 5km of
road, and face untold hardship. There is no road discipline
at all. Jay walking and jay crossing have become routine. Though
many people use the multi-million rupee subway, a few scamper
across obstructing free flaw of traffic. 3-wheel drivers and
school van drivers violate all road rules and rule the roads.
Big busses, both CTB and private, travel at a snail pace, and
stop in the middle of the road without signaling, as and when
they please, halting traffic behind them.
The William Gopallawa Mawatha, which was designed and maintained
as a thoroughfare in the past has become a parking lot for big
private busses. Three-wheeler drivers have forcibly acquired
all available parking spaces in the city. A world class multi-story
car park was built by the Municipality at a great cost. Parking
is available there for a very nominal fee but it remains grossly
under-utilized. Many drivers park their vehicles right in front
of the designated car park on “No Parking” zones
and go unpunished.
The major roads, such as William Gopallawa, and road leading
to the hospital are full of massive pot holes.
If a bomb goes off anywhere in Kandy, I hate to imagine what
the road chaos would be like. The hospital accesses will be
completely clogged, and many could die on their way to the hospital,
in traffic jams. It is a well established fact that most lives
can be saved in the first hour (Golden Hour) after an accident.
In Kandy most of this hour will be lost in traffic jams. Why
are we waiting for this disaster to happen? Why can't we do
something before such a disaster happens?
Instead of trying to find a scapegoat for all this chaos, I,
as a law abiding, taxpaying citizen of this lovely city, who
attends to the injuries and woes of most of the city's accident
victims, forward the following suggestions to the perusal of
Your Excellency, the 1st citizen of the country, who has all
the power to implement them. Your direct involvement may hurt
a very few, but will benefit tens of thousands of your citizens.
1. Go back to the previous one way traffic arrangement
on Peradeniya Road and Gopallawa Mawatha with immediate effect,
but with some modifications. One way traffic system is seen
to be very effective and efficient in most of the cities of
the world and is very effective and appreciated by the majority
in Colombo. So why not in Kandy?
2. Develop the connecting roads as a matter of
urgency; make them wide and pot-hole free. Mark lanes on them.
Limit narrower connecting roads for lighter vehicles only.
3. Restrict buses, lorries, containers, tractors
and other heavy vehicles to the inner (left hand) lane only.
4.Restrict vehicular parking to places where the
road is wide only.
5. Restrict inner-city parking only to the car
park. Establish a 3-wheeler chain to operate from the car park
to shopping areas. Prohibit private buses from parking by the
side of the main highways.
6. Ensure free and open access to the Kandy General
Hospital. Today the Monday and Friday Pola has encroached some
of the access roads to the hospital. A wholesale banana market
has encroached the blind corner of one of the access roads near
the Bogambara Prison. Three wheelers, cars and trucks are parked
haphazardly on the hospital access roads blocking traffic. The
situation is so bad that traffic jams on the hospital access
rods start as early as 6.30 a.m. on weekdays.
7. Don't allow parking along the Dalada Veediya
in the evening. If one has a rule of no parking; this must be
active 24 hours a day. Having arbitrary exceptions pave way
for confusion and disarray.
8. We MUST have an alternate emergency access
to the Hospital present. If there is a major disaster, all the
roads will clog and traffic will come to a standstill. One road
that I can identify as a possible emergency route is the pola
road which skirts the Bogambara Stadium. But at present, there
is a pola is allowed right on the middle of the road on the
two busiest days of the week. The city administration must final
another location for the pola.
9. Last, but not the least, PLEASE repair/carpet
the road leading to the Kandy Hospital. The police have designated
it as a no parking zone but the rule is violated with impunity.
It is evident that buildings have been constructed on this road
without keeping the required distance between buildings and
the road in complete violation of regulations. New structures
are coming up in the same manner.
In conclusion I want to stress again the inadequate
access to the Kandy hospital is a disaster in the making. The
hospital road must be cleared and improved as a top priority.
Your Excellency: you have the power and the capacity to fix
this problem and make Kandy a safer and more pleasant place
to live in. Therefore I appeal to you, honorable sir, to intervene
immediately, and help us in Kandy to live in a safer city.
Sincerely Yours
Dr G S Edirisinghe
Senior Consultant Orthopaedic Surgeon
If
you will think that the picture on your right is a tea estate
“Line” built in the 19th century you are mistaken.
It is the “pavilion” of the Peradeniya University
track and field athletic facility. It also serves the field
hockey playing field. The locker rooms, toilets and showers
in this structure are such a disgrace that we are embarrassed
to publish the pictures that we have of them. Soon the campus
will celebrate its 60th anniversary. One hopes that the University
would be able to build a decent facility at least by the 60th
year of its existence.
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