Naming roads

| by A. R. B. Amerasinghe

(September 21, Colombo, Sri Lanka Guardian)In a report filed In The Island on 08 September 2011 by Franklin R. Satyapalan it is said that the Special Commissioner of the Colombo Municipal Council, Mr. Omar Kamil had stated that "the names of three [streets]had been changed in Colombo during the past eight months. The three roads are Havelock Road was renamed as Sambuddha Jayanthi Mawatha, Maya Avenue was renamed as Sri Nissanka Mawatha and the Bristol Street as Sir Razeek Fareed Mawatha during this year." We do not have information on what procedures were followed in effecting the changes and therefore refrain from commenting on the propriety of the changes. However, if the changes were not effected in accordance with the law and prescribed procedures, then the changes must be regarded as fatally flawed. The repetition of error does not erase wrongdoing nor does it confer validity on subsequent irregular acts. Indeed, one of the first lessons in ethics one learns as soon as one reaches the age of understanding is that two wrongs do not make something right.

The procedure for naming or changing the name of a road was laid down by The National State Assembly by The Naming of Streets and the Control of Monuments Law No 4 of 1975. There was no debate in the House on the matter. Section 3 of that Law states as follows: "Section 71 of the Municipal Councils Ordinance is hereby amended as follows:- (1) by the substitution, for subsection (1) of that section of the following subsection: - "(1) The Minister shall, either by his own motion or on application made in that behalf by a Municipal Council, determine the name by which any street shall be known and in like manner at any time alter the name of any street"; … Section 9 of the Law states that "Minister" means "the Minister in charge of the subject of Local Government."

When the Thirteenth Amendment to the Constitution was enacted, the Ninth Schedule set out List 1 (Provincial Council List). Municipal Councils are listed in paragraph 4 as recognised local authorities for the purpose of Local Government. Paragraph 4.3 states that "Local authorities will have the powers vested in them under existing law. Municipal Councils … will have the powers vested in them under the Municipal Councils Ordinance ….. It will be open to a Provincial Council to confer additional powers on local authorities but not to take away their powers."

Since the provisions of the Municipal Councils Ordinance remain as existing law, the legal procedure for naming or renaming streets is governed by the provisions of the Municipal Councils Ordinance. This is subject to one qualification: The Provincial Councils (Consequential Provisions) Act No. 12 of 1989, was an Act of Parliament intended, according to the long title, "to make interim provision for the interpretation of written law on matters set out in List 1 of the Ninth Schedule to the Constitution"It,states in section 2 as follows: (!) Where any power or function is conferred on or assigned to a Minister …. by any by any written law made prior to November 14, 1987 on any matter set out in List 1 of the Ninth Schedule, such power or function may … if such power or function is conferred on, or assigned to a Minister, be exercised or discharged in relation to a Province and unless the context otherwise requires, by the Governor of that Province or the Minister of the Board of Ministers of that province to whom the subject has been assigned …."

If the law is applied, the naming or changing of a street name is a matter to be determined by the Governor of the Province or by the Minister of the Board of Ministers of the province to whom the subject has been assigned. This is the effect of Act No 12 of 1989. However, the change must be initiated by the Governor or said Minister of the Board of Ministers "or on application made in that behalf by a Municipal Council." The proposal for reasons that are not difficult to understand, must come from a designated responsible person or body of persons, and not from any one else.

The Special Commissioner is reported by Mr Satyapalan to have said as follows: Regarding the renaming of Bagatalle Road after Dr.W.Dahanayake, request had been forwarded to the Urban Development Authority and the Western Provincial Council and thereafter the Colombo Municipal Council had written to the residents asking for their views. The Colombo Municipal Council was not the authority for changing road names. It is the Minister of Local Government the Special Commissioner said. When views were received from the residents the CMC would forward it to the authorities concerned, he said.

Although now the Special Commissioner Pilate-like, seeks to wash his hands and leave the matter to others, it is evident that he played a pivotal role in the attempt to change the name of Bagatelle Road, misunderstanding perhaps the prescribed procedures. The "Notice" announcing the change of name is set out on a paper bearing the logo of the Colombo Municipal Council at the Head. The Notice bears the caption " Colombo Municipal Council Municipal Secretary’s Department". It is signed by a person designated as "Secretary Colombo Municipal Council", and at the bottom left hand corner reference is made to "Town Hall, Colombo 7" as the place of issue. The Notice does not refer to the origins of the so called proposal – a serious matter about which as we have seen the legislature has been concerned. Although in his statement reported by Mr Satyapalan the Special Commissioner states that the matter is to be submitted to others for a decision, in the Notice he announces in plain and unambiguous words that the proposal to rename the road by whomsoever made "has been approved by the Special Commissioner of the Colombo Municipal Council." Were the people served with the notice faced with a done deed? There was a glimmer of hope perhaps, that there was no fait accompli after all, for the Notice issued by the Secretary states "Therefore (sic.) the objections if any, from the residents of either side of the said road" (a much appreciated act of consideration!) "and recognised organisations of the area" (what the criteria for verifying that an organisation is "recognised" are not known) with regard to the said renaming will be accepted by me in writing up to 4.15 p.m. on Monday 05th September 2011." The Notice was not served on the residents of Inner Bagatelle Road, Bagatelle Terrace and Lower Bagatelle Road although a change to Bagatelle Road ought by necessary implication to affect the residents of those streets. Be that as it may, good decision making should be fact-based, deliberative and tested by real arguments. When the Special Commissioner decided the matter, how did he proceed? What was the material before him? There is documentary evidence that, jn response to the invitation to submit objections, over eighty-five persons have furnished numerous cogent reasons in written documents demonstrating why the proposed change should not take place. It is hoped that those who are empowered by law to decide the matter will act independently and not abdicate authority de facto to some scary bully before whom yes men shrivel and go quiet. Some faith in our institutions remains. That is why so many distinguished professionals, as well as a galaxy of men and women in the world of trade and commerce and citizens held in high esteem have fearlessly and confidently joined together in this enterprise.